Can Nonprofits Use Music Without Permission? Copyright Rules for Commercial and Noncommercial Use
A common question from nonprofits, schools, and community organizations is: “Can we use music without permission if it’s for a good cause?” It’s a fair question, but legally, the answer is often misunderstood. The short answer is: Nonprofit status does NOT automatically exempt you from copyright law. Whether your organization must obtain permission to use music depends on how the music is used, not simply whether the organization is for-profit or nonprofit.
The Myth: “Nonprofit = Free Use”
There is a widespread assumption that nonprofits can freely use music for: fundraising events, promotional videos, social media content and community programming. However, U.S. copyright law does not provide a blanket exemption for nonprofits. Even nonprofit organizations can be liable for copyright infringement if they use protected music without proper authorization.
Commercial vs. Noncommercial Use
The distinction between commercial and noncommercial use is relevant, but not dispositive.
Commercial Use - Commercial use generally involves: revenue generation, fundraising events, paid admissions, sponsorships or brand partnerships. If music is used in connection with these activities, licenses are typically required.
Noncommercial Use - Noncommercial use may include: educational programming, internal presentations, community activities without revenue. However, noncommercial use does NOT automatically eliminate the need for a license. It may factor into a fair use analysis, but it is only one element among several.
When Can Music Be Used Without Permission?
There are limited circumstances where music can be used without obtaining a license.
Public Domain - Music that is in the public domain can be used freely. This typically includes older works whose copyright has expired, and works that were never protected. However, caution is required; while a composition may be in the public domain, a specific recording of that composition may still be protected.
Fair Use - The fair use doctrine allows certain uses of copyrighted material without permission. Courts evaluate four factors like purpose and character of the use, nature of the work, amount used and effect on the market. Nonprofit or educational use may weigh in favor of fair use, but it is not determinative.
Licensed Use - The most common and safest path is obtaining proper licenses. In many cases, this involves working with organizations such as ASCAP, BMI and SESAC. These organizations issue licenses that allow music to be played publicly.
Common Scenarios Where Nonprofits Need Licenses
Nonprofits often require licenses when: hosting fundraising events with music; playing music at public gatherings; using music in promotional or marketing videos; posting videos with music on social media and streaming events online. Even if the event is free or charitable, these uses may still qualify as public performances or reproductions under copyright law.
Failure to obtain proper licenses can result in copyright infringement claims, statutory damages (which can be significant under U.S. law), takedown notices or content removal and reputational harm. Importantly, copyright liability applies regardless of intent, even if the use was for a positive or charitable purpose.
Cost-Effective Alternatives to Traditional Music Licensing
In many cases, organizations can significantly reduce licensing costs and complexity by using music that is already cleared, pre-licensed, or structured to avoid certain rights altogether. Below are some of the most effective and commonly used strategies.
Public Domain Music - One of the simplest options is to use music that is in the public domain, meaning the copyright in the musical composition has expired. In the United States, this generally includes works published before 1928 (as of 2026) and compositions whose authors died more than 70 years ago. This allows you to use the composition without obtaining a synchronization license. Classic examples include works by: Beethoven, Bach and Mozart.
Royalty-Free Music - A widely used alternative is royalty-free music. This refers to music that is licensed through, a one-time payment, or a subscription model, and allows for multiple uses without ongoing royalty obligations. These licenses typically include: synchronization rights, master use rights audiovisual and digital distribution rights. Popular platforms include: Artlist, Epidemic Sound and AudioJungle. A single license can often cover broadcast, streaming, highlights, and social media use.
Re-Recording Existing Compositions - Another option is to create a new recording of an existing composition (commonly referred to as a “re-record” or “cover version”). In this scenario, you are using the underlying composition, NOT using the original sound recording. As a result: You typically only need a synchronization license, and you can avoid negotiating a master use license with the record label. Example: If an organization wants to use a popular song like “Die With a Smile” (Bruno Mars / Lady Gaga), they could: hire a studio or band to create a new instrumental version, or license an existing cover recording. This can significantly reduce costs, as master use licenses for popular recordings can easily reach thousands (or more) depending on usage.
Production Music Libraries - Production music libraries (also known as “library music”) are one of the most widely used solutions in: television, sports broadcasting, documentaries, and promotional content. These libraries offer pre-cleared music with bundled rights, typically including: synchronization license, master use license, broadcast rights, and digital and streaming rights. Licenses are pre-negotiated and standardized, which reduces both legal complexity and turnaround time. For organizations producing content at scale, this is often the most practical and industry-standard solution.
Commissioning Original Music - Finally, one of the most flexible—and often underutilized—options is to commission original music. This involves: hiring a composer, producer, or musician; creating custom music tailored to the project; negotiating rights directly within the services agreement. This allows you to control ownership and usage rights, avoid third-party licensing negotiations and ensure long-term flexibility across platforms.
Conclusion
If your organization uses music, consider the following:
Determine how the music will be used
Identify whether licenses are required
Avoid relying solely on “nonprofit” status
Consider royalty-free or licensed alternatives
Consult legal counsel when in doubt
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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.
