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Eric Lizaola

Rights / Commercial use

Commercial music licensing: use without ownership

You do not have to own a composition to use it in a commercial project. You need a written agreement that covers the intended uses, granted by someone entitled to authorise them.

A licence is different from an assignment

A licence grants permission for defined uses. Ownership can stay with the composer or other rights holder. An assignment transfers economic rights under the agreed terms. For a campaign, short film or brand piece, a properly scoped licence may cover everything you need without transferring ownership of the composition.

Define the use before the fee

The agreement should identify the work, the project, authorised edits or versions, media, territories and term. Paid ads, social media, festivals, television, later cutdowns and future campaigns may need to be specified. Permission for one release should not be treated as permission for every later use.

Consider whether exclusivity matters

A licence can be exclusive or non-exclusive. Exclusivity may matter when a brand needs assurance that the music will not appear in someone else’s campaign. It also changes the scope of the agreement and often its price. For a limited use, a non-exclusive licence may be enough.

The composition and recording may involve separate rights

When licensing an existing recording, check the rights in the composition and the sound recording, along with any other relevant permissions. For music made for the project, the agreement should say who supplies the recording, who may use it and which versions are covered.

Put the scope in writing

Article 30 of Mexico’s Federal Copyright Law recognises exclusive and non-exclusive licences and requires written agreements. Clear terms make it easier to handle later changes to media, territory or duration. This is a general guide to commissioning and licensing music; seek legal advice for a particular contract.

A better question for your brief

Before asking to “own everything”, list the actual uses and the likely extensions. That gives us a practical basis for pricing the music and preparing the deliverables, without negotiating a transfer you may not need.

Original music for advertising · Behind the Sound

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