To use an existing song in a commercial video, you generally need permission for the composition and permission for the recording, and these often come from different owners. The simpler routes are music from a library whose licence clearly covers your use, or music created for you under a written agreement. Platform “free” music is usually limited to that platform.
Two copyrights in one recording
Arts Law Centre of Australia explains that a recorded song has separate layers: the musical work, the lyrics and the sound recording, and each can have different owners. Combining music with video is called synchronisation. In its information sheet on music and lyrics, it says synchronisation is a reproduction of the music and lyrics, so you need permission from the copyright owner, and that if you use an existing recording you need permission from the owner of the sound recording as well.
| Right | What it covers | Usually obtained from |
|---|---|---|
| Sync licence | The song (composition and lyrics) used with moving images | The music publisher or rights owner |
| Master use licence | The specific recording | The record label or owner of the recording |
You need both when you use a commercial release. If you record your own version of a song, you need the sync permission for the composition but not the master licence, because you own the new recording. Music and lyrics may have several owners, so clearing a track can mean asking more than one party. Arts Law suggests the APRA AMCOS catalogue search as a starting point to identify composers and publishers.
This is general information, not legal advice. For a specific project, speak to a lawyer.
Your main options
- Licensed existing music. Contact the rights owners. Expect negotiation, and expect that popular songs can be difficult or costly to clear. Confirm everything in writing.
- Production or library music. Music made to be licensed. Licences vary widely, so read them.
- Commissioned music. A composer creates original work for you. Agree who owns what in writing; the same principle applies to design files.
- Platform libraries. Music offered by a platform for use on that platform.
- No music, or sound design only. Sometimes the cleanest option. See sonic and motion branding.
What to check in any licence
- Use: is commercial and advertising use allowed, or only personal or editorial?
- Media: online, broadcast, cinema, paid ads, in-store, events.
- Territory: Australia only or worldwide.
- Term: how long the video may be used, and whether it ends when the licence does.
- Exclusivity: whether others can use the same track.
- Edits: whether you may cut, loop or remix.
- Paid promotion: some licences treat boosted or paid posts differently from organic ones. Check.
- Credit: whether attribution is required.
- Proof: keep the licence document and a receipt linked to the project.
Platform libraries have limits
YouTube’s help page on its Audio Library says its music and sound effects are copyright-safe, royalty-free and downloadable in YouTube Studio, that Creative Commons tracks require credit in the video description, and that tracks from the library will not be claimed through Content ID. It also says only Audio Library tracks are known to YouTube to be copyright-safe, that YouTube is not responsible for issues with “royalty-free” music from other sources, and that it cannot give legal guidance. The page does not say what licence you need for copyrighted music from elsewhere. Do not assume that a track allowed on one platform is cleared for an advertisement elsewhere.
“Royalty-free” does not mean permission-free. It usually describes how you pay, not what you may do.
AI-generated music: caveats
Generated music raises extra questions that are unsettled and vary by tool and country.
- Tool terms decide what you may do. Read the licence for the specific service and plan, including whether commercial use is permitted and whether terms differ between free and paid tiers.
- Ownership is uncertain. Whether anyone owns copyright in generated output depends on the jurisdiction and the level of human creative input. See who owns AI-generated video for the same issue in video, and AI and intellectual property for a wider risk overview.
- Training data and similarity. Output that sounds close to an existing song can raise risk. Listen critically and avoid prompts that name artists or songs.
- Exclusivity. You may not be the only user of a given style or output.
- Keep records. Save the prompt, the date, the tool and plan, and the terms at the time.
- Disclosure. Some platforms and clients expect disclosure of AI use; see AI brand safety checks before you publish.
For high-stakes campaigns, consider a human composer or a licensed library with clear terms.
A simple clearance routine
- List every track in the video with its source.
- Record the licence type and who granted it.
- Check use, media, territory and term against your plan.
- Store the paperwork with the master file.
- Set a reminder before any licence expires.
- Re-check before repurposing the video for new media.
Where Radiance Impact fits
Radiance Impact’s Studio produces commercials, brand films and short-form video, including voice and sound. If you are planning a project and want to talk through music and sound options, see Studio or contact us.
Sources
- Copyright in music and lyrics, Arts Law Centre of Australia
- Use music and sound effects from the Audio Library, YouTube Help
