How to Buy Music Rights

You grew up loving music. It helped define your first date, your first kiss, your worst day, your best day — the friendships you value and your passion to work out. Music can define the defining moments in life. So you know music is powerful. Songs draw attention, tell compelling stories, just like great branded content, advertising and marketing accomplishes.

And now you have your own business. Or you control the marketing department. You want to buy music for a YouTube video, or to place on Facebook, or other social media accompanying visuals that promote your business. Perhaps you want a global television spot with just the right music to highlight your brand's support for a large event. Here's how to start.

Step 1: Find the Song That Fits Your Story

Think about the song that best helps you tell the story of your product or service. You've got an ad idea in mind. It'll have visuals. Those visuals will tell a story — so the music you select should complement those visuals, reinforce them, and the "sound" of the music should directly target your intended audience.

Think hard. Ask people's opinion around you. It could be that you have an agency recommending a certain song — great. But do a gut check. Ask trusted customers and colleagues who understand your marketing campaign goals to get alignment on the song you're considering. Great music can propel a campaign virally and make people want to see it over and over again.

Step 2: Understand What Licenses You Need

Unless you're using music you own, you'll need two licenses:

A master recording license — the right to use that specific performance of the song. Owned by the record label or the artist directly.
A publishing (synchronization) license — the right to synchronize the musical composition with your visual media. Held by a music publisher, representing the songwriter(s).

Both licenses are necessary. You cannot use a recording without a master license. You cannot sync music with video without a publishing license. Both must be negotiated separately, often from different rights holders, at different costs.

Step 3: Identify the Rights Holders

Before approaching anyone for a license, you need to know who owns the rights you need. For a major label recording, the master is likely owned by a major record company while the publishing rights may be controlled by one of several large publishers — or split among multiple publishers if there are multiple songwriters.

Identifying rights holders can itself be complex. The U.S. Copyright Office records database can help, as can the databases maintained by ASCAP, BMI, and SESAC.

Step 4: Make Your Approach

Rights holders receive licensing inquiries every day. Standing out requires presenting your request in a way that answers the questions they will ask: What is the specific use? What territory is covered? How long is the license needed? What is your total media budget? Does the use enhance or detract from the song's existing associations?

For high-profile artists or iconic songs, context matters enormously. Some rights holders will refuse any commercial use regardless of the fee. Others have strong views about which brands are appropriate partners. Understanding these preferences before making an approach saves time and preserves relationships.

Step 5: Negotiate the Terms

Key terms to understand and negotiate include:

Territory — where the use is permitted
Term — how long the license lasts
Media — which specific platforms and uses are covered
Exclusivity — whether the rights holder can license the same song to your competitors during your term
Promotional value — whether your campaign will promote the song or artist in ways that benefit the rights holder

Common Mistakes When Buying Music Rights