Can You Buy a Song? What You Actually Get When You Pay for One

Buying a song usually means buying permission to use it, not buying the song itself. People type "buy a song" into Google for very different reasons: some want a track to listen to, some want to record it and release it as their own single, and a few really do want to own it.

The word "buy" hides three different deals, and each one gives you something different. This guide explains them under U.S. law, shows which one an artist usually needs, and lists what to check before you pay.

A download is a copy, not the song

Copyright law keeps a song separate from the thing that carries it. The Copyright Office says that mere ownership of a copy or phonorecord that embodies a work does not give the owner the copyright in the work. Section 202 of the Copyright Act says the same: handing over a copy does not by itself convey any rights in the work inside it.

So a download from a music store is a copy for listening. Apple's media terms, for example, say you may use its services and content only for personal, noncommercial purposes, and that delivering content does not transfer any commercial or promotional use rights to you. A purchased track is not a license to put the song in a video or to release your own recording of it.

One more thing to know: a recorded song holds two works. The song is the music and lyrics. The recording is one performance of it. The Copyright Office says licenses generally must be obtained separately from the owners of each.

A license is permission with limits

A license is permission to use a work in ways the owner names. The Copyright Office describes asking for permission as seeking "a license" from the copyright owner. The owner keeps the copyright, and you get the uses the license lists.

This is the deal most recording artists need. When you buy a song on Starchild, you are buying a license. The songwriter keeps the copyright, and the license covers recording the song, releasing your recording on streaming platforms and stores, performing it live, and using your recording in your own music video and lyric video. You own your recording. A license does not make you the author of the song. A Song License starts at $30, and the pricing page shows the rest.

Licenses come in two main kinds. A non-exclusive license lets the writer license the same song to other artists. An exclusive license stops the writer from licensing the same rights to anyone else while it lasts. On Starchild, an exclusive license takes a song off the market for 3, 6 or 12 months: while it is active, nobody else can license the song, and the holder can renew. Our guide to exclusive vs non-exclusive licensing covers when that is worth paying for.

Using a song in a brand's ad, a film or TV needs a sync license, which is a separate license. See our page on sync licensing.

Buying the copyright: rare, and always in writing

You can buy a copyright. The Copyright Office says any or all of an owner's exclusive rights can be transferred, but the transfer generally must be in writing and signed by the owner of the rights. Section 204(a) of the Copyright Act says a transfer is not valid without that signed writing. The Act counts an exclusive license as a transfer, too, but not a nonexclusive one. A nonexclusive license does not need a written agreement under U.S. law, though you should still get one.

A transfer does not erase the writer. On a registration form, the writer stays listed as the author, and a buyer who owns the rights is listed as the claimant, with a transfer statement such as "by written agreement." You can also record a signed transfer with the Copyright Office. Recording is not required for a valid transfer, but the Office says it provides certain legal advantages.

A copyright purchase is negotiated. The price, the rights, the royalties and the credit are all open terms, so this is a job for a music attorney. Buying the song also does not give you any recording of it. The recording is a separate work with its own owner.

Which one do you need?

Match the purchase to your goal.

• You want to listen: buy a download or stream the track.
• You want to record and release your own version: license the song for recording and release.
• You want nobody else to release it for a while: an exclusive license for a set term.
• You want to pay once, with no ongoing royalty considerations for your own releases and videos: a royalty-free option, which is a payment structure and not a transfer of the song. See royalty-free songs.
• You want it in a brand ad, a film or TV: a sync license.
• You want to own the song and its future income: a signed copyright transfer, drafted or reviewed by a music attorney.

If you are lining up a holiday single, a license to record and release is the usual starting point. An exclusive term is the add-on for when you want nobody else to license the song while your single is out.

Seven checks before you pay

• License or transfer? Look for the words license, grant, assign and work made for hire, and ask the seller to explain any you do not know.
• Which uses are covered, and do you owe anything later? Recording, release, live performance, videos and ads are separate questions, and some licenses ask for a share of release income.
• Exclusive or non-exclusive, and for how long?
• Who wrote the song, and is the seller the owner? The Copyright Office says only the current copyright owner of the exact material can grant permission.
• Is it in writing? Keep the signed agreement, the receipt and any certificate together.
• How must the writers be credited? Get their names exactly as they should appear.
• Did a person write it? The Copyright Office says generative AI outputs can be protected only where a human author has determined sufficient expressive elements, and that the mere provision of prompts does not count. A song with no human author may leave you little to own. Our guide to human-written vs AI songs goes deeper.

Mistakes people make when they buy a song

• Treating a download as a license for videos, streams or releases.
• Treating "buy" as "own" and listing yourself as the songwriter. A license does not make you the author, so enter the writers from your paperwork in your distributor's songwriter fields. Our guide to entering songwriter info shows how.
• Relying on a chat message or a verbal yes. Keep the agreement, the receipt and any certificate.
• Paying for exclusivity when a license was enough, or the reverse. Match the purchase to the plan.

Where to start if you want to record a song

Browse original songs for sale. Every song can be heard in different styles and voices before you license it, and you can duck the demo vocal and sing over it to test the song in your own voice. Every license comes with a certificate naming the writers, and /verify checks a license.

Buying lyrics works the same way, with a few extra wrinkles. Our guide, Can you buy lyrics?, covers them.

This is general information about U.S. law, not legal advice. Other countries have their own rules, and the Copyright Office notes that no single "international copyright" protects a work worldwide. For a copyright purchase or any large deal, ask a music attorney.

Sources

• U.S. Copyright Office: Circular 1, Copyright Basics
• U.S. Copyright Office: Title 17, Chapter 1, Subject Matter and Scope of Copyright (Section 101 definitions)
• U.S. Copyright Office: Title 17, Chapter 2, Copyright Ownership and Transfer
• U.S. Copyright Office: Circular 16A, How to Obtain Permission
• U.S. Copyright Office: Circular 56A, Copyright Registration of Musical Compositions and Sound Recordings
• U.S. Copyright Office: Circular 73, Compulsory License for Making and Distributing Phonorecords
• U.S. Copyright Office: NewsNet Issue 1060, Copyrightability report on generative AI
• Apple: Media Services Terms and Conditions