Basics
Royalty-Free vs. Copyright-Free vs. Creative Commons: The Differences Explained
Three terms, three legal situations. Here's what public domain, Creative Commons and royalty-free really mean and which one fits your project.
Published · 5 min read
Three terms, three different legal situations
When you look for music for a video, a podcast or an ad, you quickly run into three terms: royalty-free, copyright-free and Creative Commons. They sound similar, but they describe completely different situations.
Copyright-free, or public domain, means that copyright no longer applies. Creative Commons is a set of standardized licenses that creators use to share their work under certain conditions. Royalty-free describes a pricing model for music that is still protected. Once you keep these apart, your decisions get a lot safer.
In this guide, we go through each term, compare them side by side and show which option fits which purpose. For an introduction to the basic idea, read what is royalty-free music?
Public domain music: when protection has expired
A work is in the public domain when its copyright has expired. In Germany and the rest of the EU, protection for a composition usually ends 70 years after the composer's death. Other countries have their own rules and terms. Once a work is in the public domain, anyone can use, adapt and perform it without asking.
But there's a trap many people miss: a composition is not the same as a recording. Whoever records a piece acquires separate rights in that recording. These protect the performers as well as the producer of the recording, and they run on their own timelines.
An example: a sonata from the 18th century has long been in the public domain. A recording of that sonata made by an orchestra a few years ago is not automatically free. If you drop that recording into your video without permission, it can still be an infringement.
Public domain music is most useful when you record it yourself or find a recording whose rights have been explicitly released. If you publish internationally, keep in mind that the rules differ from country to country.
Creative Commons: free of charge, but with conditions
Creative Commons (CC) isn't the opposite of copyright. It builds on it. The creator keeps their rights and allows use under specific conditions, which are expressed through short codes that can be combined.
Important: attribution is required under all common CC licenses. You have to credit the creator, the title and the license in the required form, for example in your video description. If you leave it out, you may lose your right to use the work.
CC0 is a special case: with it, the creator waives their rights as far as legally possible. Even then, it's worth checking whether the person who uploaded the track actually held the rights to it.
- BY (Attribution): You must credit the creator. This element is part of every common CC license.
- SA (ShareAlike): If you adapt the work, you must release your result under the same license.
- NC (NonCommercial): Commercial use is not allowed. That can already include a monetized video, a company channel or an ad.
- ND (NoDerivatives): The work may not be changed. Whether trimming a track or setting it to video counts as a change is not always clear.
Royalty-free music: protected, paid, clearly defined
Royalty-free music is protected by copyright. You pay a one-time fee for a license and can then use the music within the agreed scope, without paying again for every view or broadcast.
The advantage over Creative Commons is clarity for commercial projects. Reputable providers spell out exactly what's allowed, usually don't require attribution and give you proof of your license. The downside: the music costs money.
Whether a piece is also represented by a collecting society is a separate question that has nothing to do with the term “royalty-free.” If you publish in Germany, our guide on GEMA-free music explains what that means.
The comparison at a glance
The overview below sums up the key differences. It doesn't replace reading the actual license, but it helps you get your bearings.
- Public domain: no copyright left in the composition, free of charge, no attribution needed. But recordings can carry their own rights.
- Creative Commons: protected by copyright, usually free of charge, attribution almost always required. Depending on the code, no commercial use (NC) or no changes (ND).
- Royalty-free: protected by copyright, one-time fee, attribution usually not required. Commercial use is typically allowed, and the scope is defined in the license.
- Legal certainty: highest with clearly written licenses that come with proof, lowest with tracks of unclear origin.
- Typical use: public domain for your own recordings, Creative Commons for personal or non-commercial projects, royalty-free for business, advertising and client work.
Which option fits your project?
For a personal travel video without monetization, a CC license may be perfectly fine, as long as you handle attribution correctly. Once money is involved, things get trickier. Even a company account or a sponsored post can count as commercial use.
For businesses, agencies and creators working on client projects, royalty-free music is usually the safer choice. You know upfront what's allowed and you can prove your license. Our guide on music for client projects covers what to watch out for when you work on someone else's behalf.
With public domain pieces, the rule is simple: only use them if you know for sure that both the composition and the specific recording are free.
Royalty-free music at Tontable
Tontable offers nearly 900 instrumental tracks, from piano to electronic. The license is non-exclusive, worldwide and perpetual, and it covers videos, social media, client projects and paid advertising, among other uses. The exact rules are in the license terms.
You pay €49 once for all tracks, including future releases, or €9.90 for a single track, with no subscription. Every license gets a unique license ID that you can find in your account. Ready to listen? Browse the music.
Frequently asked questions
Is royalty-free music the same as copyright-free music?
No. Copyright-free or public domain music is no longer protected. Royalty-free music is protected, but you buy a license once and don't pay fees per use afterward.
Can I use Creative Commons music in ads?
Only if the license doesn't include NC and you meet all other conditions, especially attribution. Under NC licenses, commercial use is excluded.
Is a recording of Beethoven automatically in the public domain?
No. The composition is, but the performers and producer of a recording have their own rights. A more recent recording can therefore still be protected.
Do I have to credit the artist when I use royalty-free music?
Usually not, but it depends on the provider. What counts is always what the license terms say.