Music licensing can be a very confusing subject

Music licensing can be a very confusing subject. My intent with this article is to give you enough details on what music licensing is and what are your rights to use music in advertising and / or video productions.

A few months ago I was contacted by a company that was celebrating 20 years in business. They wanted to put together a radio commercial that highlighted their celebration. Their request was to use Kool and the Gangs song Celebration in their radio spot. I explained to them in order to do this they would have to obtain a licensing which would cost them quite a bit of money. This was not an option for them due to their limited budget and ultimately they told me that they "went another direction" with their advertising.

If I had agreed to use this song without obtaining a licensing I would have put both of our companies at risk. It was not worth the risk just to make a sale. Beware that there are unscrupulous production companies that will do this type of illegal activity so the best protection you have is knowledge.

The copyright law protects writers of music by giving them exclusive right to their music. Once a piece of music is under copyright protection it is illegal to use it without getting permission to the owner of the copyright.

There are actually two types of copyrights in the United States. One is the actual copyright which is denoted with the familiar C with a circle around it. This protection is for the actual melody, lyrics and arrangement of the music. The copyright is usually owned by the actual artist that wrote the piece or their publishing company.