For advertising agencies, music is a powerful creative tool, and one of the most consequential to get wrong. The difference between a properly cleared track and an unlicensed one can be the difference between a successful campaign and a client relationship that ends in disaster.
The Two Rights Required for Music in Commercial Use
Every piece of music is protected by two separate copyrights for sync use, usually controlled by two distinct groups of rights holders.
Publishing rights refer to the intellectual property behind the composition itself: the melody, harmony, and lyrics. Composition rights are controlled by music publishers. Well-known songs are often administered by major publishers like Universal Music Publishing Group, Sony Music Publishing, and Warner Chappell Music.
Recording rights refer to a specific recorded version of the song. These rights are typically controlled by record labels. Some independent artists may control their own recording rights.
Often, publishing and/or recording rights are shared by multiple owners, and often these rights holders may need to gather approvals from multiple parties they represent. In order for a song to be used commercially, every one of these approval parties needs to sign off before the song is considered cleared for use.
Clearing only one group of rights and not the other creates a liability exposure that may be revealed dramatically when a claim arrives.
Usage Parameters Matter
Music licenses are not blanket permissions. They specify exactly what is covered, such as:
- Territory: Is the use domestic? North American? Worldwide?
- Term: How long does the license run? Keep in mind that by the time the term ends, all posts must be removed from public view to avoid breach of contract claims.
- Platform: Broadcast? Digital? Theatrical? Event Use? Retail? Paid Media? Each may require separate rights and is valued at a different scale.
- Exclusivity: Is the use exclusive to the brand in its category, or non-exclusive? What if a brand in another category uses the song in their campaign?
A license written for a broadcast television campaign does not automatically cover a digital extension of that campaign. A social media license for one platform doesn't automatically cover all platforms. These gaps are common, and they create exposure that's easy to miss in fast-moving production schedules.
A two-year-old campaign post on a client's Instagram feed is still a live use of the licensed music.
Where Agencies Get Into Trouble
Starting the licensing process too late
Clearance initiated after an edit is locked and an air date is set dramatically limits options and negotiating leverage. The ideal time to start the clearance process is during pre-production, not post.
Assuming digital availability equals commercial availability
Just because a song is on Spotify does not mean it is available for sync use in a branded campaign. Many hip hop songs from the early 90s, for example, contain samples that were not fully cleared and are nonstarters for sync use. Streaming rights and sync rights are entirely separate licensing categories. Issues may also arise if an editor ripped the audio from a random YouTube video for use in the edit. Sometimes these videos contain unlicensed remixes or uncleared samples that need to be tracked down and approved by the label and publishers, which is a time consuming process.
Not accounting for campaign duration
A two-year-old campaign post on a client's Instagram feed is still a live use of the licensed music. If the license was written for a 12-month term, that two-year-old post is a ticking liability time bomb that is being used beyond the terms of its license.
Inheriting content from previous agencies
When an agency takes over a client's account, it often inherits a content library licensed by someone else. The licensing records, if they exist at all, may be incomplete or inaccessible. A proactive audit prevents discovering the gaps after the fact.
What to Look for in a Music Clearance Partner
The right music clearance partner functions as an extension of the agency team, not just a vendor that processes paperwork. The qualities that matter most:
- Established relationships. Rights holders move faster for people they know.
- Market rate knowledge. Without a clear sense of what a license should cost, agencies either overpay or pursue tracks that will ultimately exceed the budget.
- Speed under pressure. Advertising runs on tight timelines. A clearance partner who can move quickly when the schedule compresses is genuinely valuable.
- Creative problem-solving. When the preferred track isn't available, the response shouldn't just be "it's not available." It should be: here are three alternatives that will work.