# How to Navigate Music Licensing In Online Fitness Video Using music online can be a legal minefield for online fitness businesses. Here's how to use audio without getting slapped with a lawsuit. **By James Johnson** · Published 2020-08-27 · Updated 2024-09-09 Tags: Fitness & Yoga, Video Production Canonical: https://www.uscreen.tv/blog/music-licensing-online-fitness/ --- Music plays a **vital role** in your fitness business. It’s an incredible tool to energize and engage your customers in their workouts. But: Using music online is a legal minefield that creates a real sticking point for trainers and instructors looking to move into online fitness. So how can you use music without getting slapped with a lawsuit? Well, we’re here to show you. It’s a complicated topic, but there are a number of ways to incorporate music into your online sessions. Let’s take a look… _**Editor’s Note:**_ _We have done our best in this article to provide insight and advice based on current industry best practices. However, we are not lawyers and regulations change frequently and can vary depending on your location. Therefore, we highly recommend you do your own due diligence and speak to a professional. This article is just a good place to start._ ## **What You Need To Know About Online Fitness Music Licensing** [US Copyright Law](https://www.copyright.com/blog/music-licensing-public-performance-license-synchronization/) requires you to have a license, or the artist’s permission, to use a song for “public performance.” Your free _and_ paid online fitness content falls into this category. **This means there’s no legal way to use an artist’s music without a license or permission.** Now: Many trainers and instructors fall into the trap of thinking they acquire a license when they purchase a song on a third-party platform, like [Apple Music](https://www.apple.com/apple-music/) or [Spotify](https://www.spotify.com/us/). But, you can only use songs purchased this way for **non-commercial** use. Here’s the important legal section of [Apple’s T\&C’s](https://www.apple.com/legal/internet-services/itunes/us/terms.html), for example: !\[Apple Intellectual Property Agreement]\(/images/blog/music-licensing-online-fitness/intellectual-property-agreement-bbbbe3.jpg) Basically, if you’re dancing in your kitchen with a couple of friends, you have a license. But you can’t use it to host a dance class in your local studio or online. If you **do** use music without a license or permission, you’ll likely run afoul of associations like: - [Broadcast Music, Incorporated](https://www.bmi.com/) (BMI) - [American Society of Composers, Authors and Publishers](https://www.ascap.com/) (ASCAP) These bodies represent most major artists and actively enforce their copyright laws. These are the people who can (and will) sue you if they catch you. And, the stakes are high if they do. [Peloton had to remove](https://jhrlegal.com/pelotons-infringement-lawsuit-is-a-warning-to-gym-owners-and-fitness-pros-who-play-music-in-their-classes-and-facilities-without-a-proper-license/) **70% of their video on demand classes** as a result of a $150 million lawsuit filed against them in 2019. No business, of any size, is outside of their reach! !\[Peleton music settlement]\(/images/blog/music-licensing-online-fitness/peleton-music-settlement-0582cc.jpg) Brick-and-mortar studios can acquire licenses from BMI and ASCAP to play their artist’s music. Or, they can use a service like Spotify’s [_Soundtrack Your Brand_](https://www.soundtrackyourbrand.com/spotify-business) to play the latest radio hits. But options to license original songs for use in your online fitness content are sparse for a number of technical legal reasons. Which begs the question: How _can_ you use high-quality music in your videos without breaking the law? Well, there are 2 options you can explore. Let’s take a look. ## **2 Ways To Legally Use Music In Your Online Fitness Videos** In this section we’re going to look at 2 options for your fitness video content: - **The Safest Option:** by using available licensing services - **The Music-Free Option:** by using shareable Spotify playlist Before committing to either of these options, you need to think carefully about your customer’s experience _and_ the potential risk to your business. ### **1: The Safest Option** The safest option is to acquire a license from a music provider. You can do this by registering with a company like: - [Epidemic Sound](https://www.epidemicsound.com/campaign/uscreen/?utm_source=partner\&utm_medium=referral&_us=partner&_usx=uscreen_2020\&utm_campaign=uscreen_2020) - [Artlist](https://artlist.io/artlist-70446/?artlist_aid=uscreen_1150\&utm_source=affiliate_p\&utm_medium=uscreen_1150\&utm_campaign=uscreen_1150) These organizations provide subscription licenses that cover a wide range of music types, including a sport and fitness category: !\[epidemic sound music provider]\(/images/blog/music-licensing-online-fitness/Epidemic-sound-fitness-1055x593-0fcf2e.png) These tracks have been created in collaboration with world-class songwriters, recording artists, and producers. The PROS of using these services are: - They’re legally cleared for video streaming services to use - They have a wide range of music - They have playlists purpose-made for fitness classes !\[Artlist Sport and Fitness playlist]\(/images/blog/music-licensing-online-fitness/artlist-sports-fitness-1055x594-b6ea14.png) The CONS of these services are: - You’ll need to put in work to find the right tracks - You’re bound to their musical library We honestly wish we could say there was a license that would give you access to the latest “radio hits” to use in your videos. But, sadly, that’s not the way the music industry works. However, these licensing options are a great substitute that is much cheaper than legal fees and lawsuits. Plus, songs are often adapted to help you build the intensity you need. (And let’s be honest, 30 minutes into one of _your_ classes and people will be too focused on catching their breath to worry about who’s singing!) ### **2: The Music-Free Option** This technique sits in a legal grey area. So, you should seek the advice of a professional before using this. We have seen several online fitness studios record what they call “music free classes.” These videos are recorded **without** music but are choreographed to fit a specific playlist of songs. Think of it like someone recorded an in-studio class using a microphone that only captured your voice, not the music in the background. The creator then shares a playlist they’ve created on a third-party music streaming site, like Spotify, in the description of their video: !\[Music Link Credit]\(/images/blog/music-licensing-online-fitness/music-link-credit-48b04e.jpg) The customer can then access this playlist and stream it through their home speakers, without breaking the terms and conditions of the Spotify license. The **PROS** of using this technique are: - You can pick and choose the music freely - You can use songs your audience know and like The **CONS** of using this technique are: - Your customers need to synchronize the music to your videos - It increases the cost of your service because customers need Spotify access - Customers without a third-party music subscription cannot use your videos effectively - **The law is not 100% clear on this** It’s also worth noting that if you use this method in your videos and eventually have to stop, it could have a negative impact on your brand. [Peloton’s change in music](https://www.businessinsider.com/peloton-users-complain-of-80s-music-after-300-million-lawsuit-2019-10#:~:text=Peloton%20users%20are%20complaining%20that,without%20obtaining%20the%20proper%20permissions.) hit their customers hard: !\[Peleton Music Quality Stats]\(/images/blog/music-licensing-online-fitness/peloton-bi-e87ef4.jpeg) So it’s worth considering if this is a risk you want to take. ## **Wrapping This Up…** You legally need a license or the artist’s permission to use a song in your online fitness videos. There is currently no legal way to use music without a license or permission. You can save yourself a lot of money and headache by taking one of these 2 options: - **The Safest Option:** by registering to [Epidemic Sound](https://www.epidemicsound.com/campaign/uscreen/?utm_source=partner\&utm_medium=referral&_us=partner&_usx=uscreen_2020\&utm_campaign=uscreen_2020) or [Artlist](https://artlist.io/artlist-70446/?artlist_aid=uscreen_1150\&utm_source=affiliate_p\&utm_medium=uscreen_1150\&utm_campaign=uscreen_1150) - **The Music-Free Option:** by using shareable Spotify playlist on “music free” videos We highly recommend you seek professional advice before using either of these methods, to check what is legal in your location and the areas your business operates.