Are Royalty-Free Songs Still Usable After Terms Change on Makesong.com?

Question from M, Are Royalty-Free Songs Still Usable After Terms Change on Makesong.com?

Answer from AI:

Introduction to the Issue

The question revolves around the use of royalty‑free songs from Makesong.com for commercial purposes. Initially, Makesong.com offered 10 royalty‑free songs for any commercial use. However, in November the site changed its terms, restricting downloads for users on the free part of the site. The key point is that the songs were downloaded before the change in terms.

Understanding the Initial Agreement

When you downloaded the songs, the terms of service at that time expressly permitted commercial use. This created a contractual relationship in which you were granted a licence to use the tracks commercially under those specific conditions.

Change in Terms of Service

A later amendment to the terms of service generally does not affect rights that were already granted under a previous agreement. In UK contract law, a change in terms is only binding on future transactions unless the contract itself provides for retroactive effect, which is rare and would usually be considered unfair.

UK Legal Framework

• Consumer Rights Act 2015 – protects against unfair contract terms and requires that any change to a contract be communicated clearly and not disadvantage the consumer retrospectively.
• Unfair Contract Terms Act 1977 – limits the ability of a business to impose terms that are unreasonable or unexpected.

These statutes support the view that a licence granted before the November change remains valid for the songs you already downloaded.

Your Rights and Practical Steps

1. Confirm the date of download – ensure you have evidence (e.g., email confirmation, download log) that the songs were obtained before the terms changed.
2. Locate the original terms of service – the version that was in effect at the time of download will outline the scope of the licence.
3. Check for any “grandfather” clause – some sites include language that existing users retain their original rights after a policy change.

If the original terms allowed unrestricted commercial use, you can continue to use those specific tracks for commercial projects. The new restriction applies only to future downloads from the free section.

When to Seek Professional Advice

While the general principles suggest you retain the licence, nuances such as the exact wording of the original terms or any subsequent communications from Makesong.com could affect the analysis. For personalized guidance, especially if you plan to use the music in high‑value commercial productions, consult a solicitor experienced in intellectual‑property and contract law.

Useful Resources

• UK Government guidance on consumer rights – overview of the Consumer Rights Act 2015.
• Office of Fair Trading guidance on unfair contract terms – explains how unfair terms are assessed.

These sources provide the statutory background that underpins the analysis above.