What to consider when using music in advertising
Anyone who wants to use music in advertising clips is entering a legal jungle. What rights do you need to obtain in order to legally include your desired song on a clip’s soundtrack? And how do you obtain them—at the most reasonable price possible? Copyright expert Daniel Köhler explains.
The first point of contact for clearing music rights is usually Suisa. While this is correct, it is not sufficient from a legal standpoint. This is because, before registering with Suisa, the producer or client of the commercial must obtain the synchronization and master rights in order to fully clear the music rights.
Film Production Rights / Dubbing Rights
The film footage and the music are two distinct creative works, both of which are protected by copyright independently of one another. To combine the music with the film, the film producer therefore needs the film production right, often referred to as the synchronization right. The producer must obtain this right either from the music publisher or, if the music is not published, directly from the authors. As a rule, compensation is due for this, the amount of which is not predetermined and must be negotiated.
Duplication Rights / Master Rights
When a film uses a song, this constitutes a reproduction of the music. This is because the film—and the music as well—is transferred to a storage medium and made available to the public on the Internet, on TV, or in movie theaters. The right to reproduce the work must therefore be obtained separately. This applies even if only a snippet of the song is heard in the film. The reproduction or transfer/mastering rights are granted by the music producer, which is usually the record company—a label. Here, too, the amount of any compensation is a matter of negotiation.
«Clearing the rights to music for use in advertising is like navigating a minefield.»
What about the Suisa license?
Once the dubbing and transfer/master rights have been clarified, the client or producer of the commercial registers the music tracks used with Suisa. The granting of the Suisa license is a formality and is governed by tariff schedules. Through its licenses, Suisa compensates composers, songwriters, and music publishers. Once all necessary rights have been cleared, the use of the song in the commercial or promotional clip is legally authorized. Of course, there’s an easier way—using so-called stock music from all-in-one platforms on the internet. But be careful: Often, individual tracks on these platforms aren’t 100% «clean» from a rights perspective, and the samples used haven’t been cleared. Furthermore, the «Terms & Conditions» of such platforms often allow only limited licensing uses, which can result in a complete exclusion of commercial use of the music offered. Finally, using files from such platforms always carries the risk that the chosen sound will be heard in many other commercials, causing the project to lose its uniqueness.
A song of your choice at a reasonable price
Obtaining synchronization and master rights may seem time-consuming and expensive; ultimately, however, the effort is worth it, because the impact of a perfectly matched film soundtrack is recognized not only by advertising professionals. With a little patience and skillful negotiation tactics, you can get practically any song—and usually at a reasonable price. The experts at Live-Licensing will support you in the negotiations or handle them entirely for you. They reduce your workload and provide you with budget and legal certainty.
* Daniel Köhler is a lawyer and copyright expert who served for many years as head of the client services department at Suisa in Zurich. He has been self-employed since 2020. Together with an Austrian music publisher and a Swiss media expert, he offers Services and (legal) consulting for clients, advertisers, and producers at.
