When was the last time you saw, or edited, a video without music? It happens, but it sure is rare! Almost all of the videos I create for my clients need music, and that music needs a certain mood, pacing, perhaps specific instruments. Sometimes we need music that can be looped over and over, and sometimes we need a short, sweet “stinger” or “jingle.”
But there’s one thing all of these songs need: legal clearance.
First, let’s clarify a common misunderstanding: purchasing a song and purchasing a license to a song are two different things. In this post, we will be talking about licenses which provide the legal clearance to use a song in your video, commercial, film, etc.
I’ll discuss some of the nuances of this area, where you might get into trouble, and how to avoid getting your videos blocked. Most of all, we want to create high quality, honest content where everyone involved is given the credit or compensation they have asked for.
Since we’re talking about legal stuff and transparency, here’s the obligatory disclaimer:
I am not a lawyer; I don’t even play one on TV! The advice in this post is for entertainment purposes and does not constitute legal advice. Aaron Pate Media LLC and the author(s) are not responsible for any decisions nor confusion resulting from this content or content linked from this post.
So, you’ve just edited a video and your video needs music…
The Rules
Using music in videos is considered reprinting/republishing/performing, and if you have not obtained permission from the rights holder, this is considered copyright infringement. Many websites (Instagram, YouTube, etc.) now do the detective work automatically, and will flag/remove/monetize your video nearly instantly. While this technology is new, copyright rules are not. Using the work of others in your own work requires permission whether or not you get caught, and it’s unfair to deny credit or compensation to creators who haven’t intentionally waived that right. Contrary to some myths, this holds true even if your work is not commercial in nature, meaning, even if your video isn’t selling something, being sold, or making ad revenue, you are not exempt from copyright rules.
The Exceptions
Educators or critics sometimes reference copyrighted media as a necessary part of their job; there are some allowances in this area called “Fair Use” these folks can look into.
Some websites, particularly YouTube, have taken the “if you can’t fight ’em, join ’em” approach, and place advertisements on videos rather than block them. This allows them to collect ad revenue and divert those earnings to the rights holder. In these cases, you are no longer able to monetize the video yourself, or keep it free of advertisements, as you have forfeited that control.
The Solutions
The cheapest solution is to use free music that is already licensed for you to use. To make licensing easier to understand, most people now use Creative Commons licenses. A lot of free music is licensed as “Creative Commons: Attribution,” which means that instead of compensation, you simply provide credit to the artist. Sometimes, very generous artists will provide their work as Public Domain (or “CC: 0”), which can be used without attribution. It is up to the artist, but generally works with these licenses are free. These two options are especially great solutions for no-budget and low-budget projects. I have shared my favorite attribution music sources on my resources page.
The next level up is to pay for a license. Pond5 is an excellent resource for songs you can pay to use, with extensive legal explanations of your rights to that work. Expect to pay $20-$60 per song. When it is not possible to put credits on a video, this is typically where I turn. I only recommend awesome products and services that I love, trust, and use myself; following this link to Pond5 will send me a commission if you make a purchase.
Most projects stop here, for the sake of simplicity or for lack of budget.
The next option is to pay for a musician to create an original piece. This is common for instrumental music, movie scores, and “jingles” with lyrics. Prices vary, but I have collaborated with fantastic artists for free, and for $200-$500. In both cases, I was able to direct the changes I needed and sleep easy knowing this music wasn’t in use anywhere else in the world. Make sure to discuss exclusivity and the extent of your rights when collaborating to create original music, and get it in writing. Savvy musicians may price accordingly. When I am budgeting a project that needs original music, I typically rely on my network to find the appropriate musician. I’m sure there are some resources online to connect with freelance musicians for these purposes, but I don’t have any to recommend at this time.
The next level is, of course, licensing existing recordings. This is what brings most people to this discussion, because we all want to use the latest radio sensation in our films, commercials, or social media videos. This is an expensive and complicated process, which begins with a question of ownership.
Who owns the Music?
It is not always easy to find out who owns the song you want. First, songs have two sets of rights: one for the composition and lyrics, and one for this specific recording. Sometimes the artist owns both, but typically a record label or media group has produced or purchased the recording, and the artist retains ownership of the composition and lyrcis.
I occasionally hear “oh, my [relative] went to high school with [Big Artist.] We can just call him and make sure it’s OK!” If [Big Artist] still owns the composition and lyrics, they could perform it for you or create a new recording for you, but that 1989 Top 40 hit is a studio recording, likely still owned by the record label. For existing recordings, you need these two sets of rights, and you will need it in writing. Although the artist may be feeling generous, the studio is accustomed to charging several thousand dollars for this recording. This is why big hits end up in big movies and big commercials: they can afford to hold out for the highest price.
Further Thoughts
These scenarios aren’t limited to use of music. Photographs, videos, clips from films, stageplays, paintings, and poems – any original work. The trick to understanding this topic is to realize that people who create or own original works in capitalist societies expect to be compensated each time that property is used just as a landlord expects payment each time someone uses their property. Here’s another way to think about it: using existing music saves you the expense of composing original music for your movie or commercial; if the song is really popular, you will piggyback on that song’s established success. That has immense value, and the pricetag to follow.
Photo by Mark Solarski on Unsplash