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How can you ensure that you secure the right to use a song in an ad campaign?

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Using a song in an ad campaign can be a powerful way to connect with your audience, enhance your brand identity, and generate buzz. But before you hit play, you need to make sure you have the right to use the song legally and ethically. Otherwise, you could face lawsuits, fines, or damage to your reputation. In this article, we will guide you through the steps to secure the right to use a song in an ad campaign, from identifying the copyright holders to negotiating the terms and fees.

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1 Know the difference between master and publishing rights

The first step to use a song in an ad campaign is to understand the difference between master and publishing rights. Master rights refer to the ownership of the recorded version of the song, usually held by the record label or the artist. Publishing rights refer to the ownership of the composition of the song, usually held by the songwriter or the publisher. You need to obtain both master and publishing rights to use a song in an ad campaign, unless you are creating a cover version or a parody, in which case you only need publishing rights.

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Paul Bordenkircher

Consultant, Oteemo Inc
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If you’re using someone else’s recording, you need what’s called a combo license. Those can be done when the owner of the master and the publishing are the same. Otherwise you’ll need to acquire publishing and sync rights separately.

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2 Find out who owns the rights

The next step is to find out who owns the master and publishing rights of the song you want to use. This can be tricky, as some songs may have multiple rights holders, such as co-writers, co-publishers, or sub-publishers. You can use online databases, such as ASCAP, BMI, or SESAC, to search for the songwriters and publishers of a song. You can also contact the record label or the artist directly to ask for the master rights owner. Alternatively, you can hire a music supervisor or a music clearance company to do the research for you.

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Andy Haggerstone

Music Consultant - APAC at Music Concierge. MD/Founder at Kaleidoscope Artist Management. Partner at Blank Studios LLC. Founder at IndieKnow.app. Co-Founder at Songtaew Sync.
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Depending on the originating territory of the composition, it might be quite tricky to track down rights ownership. Not all countries have maximally efficient PROs, and not all songwriters will be signed up to one of their local PROs. As such, if you're operating in a territory you're unfamiliar with, using a sync agent who knows the local market can help enormously. We represent a large catalogue of Thai music, and doing due diligence on rights here is fairly complex - there are somewhere between 40 and 60 CMOs in operation (depending on who you ask), and most don't record percentages of rights ownership, so we utilise a mix of tools and strategies to ensure every single songwriter is properly accounted for and there are no surprises!

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3 Contact the rights holders and request a quote

Once you have identified the rights holders, you need to contact them and request a quote for using the song in your ad campaign. You should provide as much information as possible about your project, such as the duration, format, territory, and media of your ad campaign, the purpose and message of your ad, and the budget and timeline of your project. You should also specify whether you want to use the whole song or a part of it, and whether you want to use it as a background or a foreground music. The rights holders will then evaluate your request and give you a quote based on their criteria and expectations.

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4 Negotiate the terms and fees

The next step is to negotiate the terms and fees with the rights holders. You should be prepared to negotiate on several aspects, such as the duration, format, territory, and media of your license, the exclusivity and renewability of your license, and the credit and attribution of the song. You should also be aware of the market rates and the industry standards for licensing music for advertising and branding. You can use online tools, such as Songtradr or Musicbed, to compare prices and terms of different songs and rights holders. You should also consult a lawyer or a music supervisor to review the contract and ensure that it protects your interests and obligations.

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Bri Brankin

Sr Account Manager, Sync @ 411 Music Group (WBENC-Certified)
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Know that music libraries or production music pricing varies based on a multitude of factors - do not assume that because you were quoted something once that is the expected rate the next time around. Coming into negotiations with transparency of what your budget range is always helpful though, as most are flexible or can approve a lower rate for specific usage or on a non-precedential basis. Be sure to have the conversation as early in the process as possible to allow for inevitable changes or lags in communication if approvals are needed.

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5 Pay the fees and obtain the license

The final step is to pay the fees and obtain the license from the rights holders. You should make sure that you have a written and signed agreement that clearly states the terms and fees of your license, and that you have a copy of the invoice and the receipt. You should also make sure that you have a copy of the master and publishing licenses, and that you keep them in a safe place. You should also follow the credit and attribution guidelines of the rights holders, and respect the duration, format, territory, and media of your license. If you want to extend or modify your license, you should contact the rights holders and request a new quote and agreement.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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How can you ensure that you secure the right to use a song in an ad campaign?

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1 Know the difference between master and publishing rights

2 Find out who owns the rights

3 Contact the rights holders and request a quote

4 Negotiate the terms and fees

5 Pay the fees and obtain the license

6 Here’s what else to consider

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