Music rights for ad spots

Music in advertising is where small productions most often acquire an infringement they do not know about.

The two rights

The composition, meaning the underlying musical work and lyrics, controlled by the composer and their publisher.

The recording, meaning the specific performance, controlled by the record label or producer.

Both must be cleared. Clearing one is a common and expensive mistake.

What advertising use requires

A synchronisation licence, permitting the music to be combined with visual or advertising content, plus a master use licence for the specific recording.

Collective licences held by broadcasters and public performance licences do not cover this. Nor do the general licences held by many businesses for playing music on premises.

Costs vary enormously. A well-known track in a national campaign can run into six figures; the negotiation is with the rights holders and there is no rate card.

The alternatives that work

Production music libraries are the practical answer for most advertisers. Read the licence terms carefully: many distinguish between web use and broadcast, between territories, and between durations, and advertising use often carries a higher tier.

The sound-alike trap

Commissioning music that closely imitates a known track to avoid licensing it is a recognised risk. Successful claims have been brought where a composition was found to reproduce protected elements of another.

Instructing a composer to make it sound like a specific track creates a documentary record of intent, which is unhelpful in a dispute.

Platform content libraries

Music provided within social platforms is licensed for personal use on that platform. Commercial and advertising use is generally excluded or requires a separate business tier.

Using a platform's consumer music library in a paid advertisement is a widespread breach.

Voice and sound design

Voice recordings require a licence from the performer covering the intended use, medium and duration. A session fee for a website video does not cover broadcast use.

Sound effects libraries carry their own terms and are usually straightforward, but should still be checked for advertising use.

The record to keep

For every production: the licence documents, the terms, the territory, the duration and the expiry date.

Licences expire. A campaign asset reused three years later under an expired licence is an infringement, and the diary entry that prevents it costs nothing.