I posted a clip on Twitter. In the background, a radio was playing a Taylor Swift song. It wasn’t intentional. Two weeks later, I got a DMCA takedown, and then a letter from a licensing enforcement agency demanding $1,500 for “unauthorized synchronization.” I thought “Fair Use” protected me. It didn’t.
Key Takeaways
- “Fair Use” is a Defense, Not a Shield: You have to go to court to prove Fair Use. It doesn’t stop the bots from striking you or the lawyers from demanding money.
- Incidental Audio is Not Free: Even if it’s in the background, algorithms catch it. “Sync Rights” are required to match audio to video.
- Media Liability Covers This: This is the exact scenario Media E&O insurance is designed for: copyright infringement allegations.
- Royalty-Free is the Only Safe Path: Epidemic Sound or Artlist. Insurance is for when you mess up; using safe music prevents the mess.
The “Why” (The Trap): The “Intellectual Property” Exclusion in GL
Your General Liability (GL) policy covers bodily injury. It almost always has an Intellectual Property (IP) Exclusion.
It says: “This insurance does not apply to… infringement of copyright, patent, trademark, or trade secret.”
So, if you get sued for the music, your standard business insurance denies the claim. You need a specialized Media Liability policy.
The Investigation: “I Called Them”
I looked for coverage for copyright strikes.
1. Hiscox (Media Liability)
- The Quote: ~$600/year for small creators.
- The Coverage: Specifically covers “Copyright Infringement” and “Plagiarism.”
- My Analysis: If you are a high-volume creator, this is worth it. It pays the $1,500 settlement so you don’t have to.
2. The Platform (YouTube/Twitter)
- The Reality: They do not defend you. They comply with the DMCA immediately to protect themselves (Safe Harbor). You are on your own.
3. Legal Defense Fund
- The Reality: Unless you are making a documentary, few pro-bono lawyers will take a “Taylor Swift background music” case.
Comparison Table: Copyright Defense
| Policy | Copyright Defense? | Settlement Costs? | Annual Premium |
| General Liability | No (Excluded) | No | $300 |
| Media Liability | Yes | Yes | $600+ |
| Umbrella | Maybe (Personal Injury) | Unlikely | $200 |
Step-by-Step Action Plan
- Scrub Your Back Catalog: Use a tool to scan your old videos for commercial music. Delete them. The bots work 24/7/365. A video from 2021 can get you sued today.
- Subscribe to a Library: Pay the $15/month for Epidemic Sound. It grants you a license that covers YouTube, TikTok, and Instagram.
- Buy Media Liability: If you make over $100k/year, buy the policy. One lawsuit costs more than 10 years of premiums.
- Don’t Fight the Takedown: Unless you are 100% sure it is Fair Use (commentary/criticism), just accept the takedown. Fighting it allows the claimant to sue you in federal court.
FAQ
Q: Is 7 seconds of audio okay?
A: Myth. There is no “7-second rule.” Any amount can be infringement.
Q: Can I use “Copyright Free” music from YouTube?
A: Be careful. Sometimes the artist changes their mind, registers the Content ID, and claims your video later. A paid license (contract) is safer.
[IMAGE: Screenshot of an Epidemic Sound license certificate showing “Clearance for Social Media Platforms.”]