Asking to use a song sounds simple: find the owner, ask nicely, get a yes. In practice most songs have more than one owner, the owners are not always obvious, and a casual yes is not the same as a licence. This is the process, step by step, for a video, film, podcast or ad.

Whose permission do you need to use a song?

Usually two sets of people. One controls the musical work, the song itself, which is typically the writer or their music publisher. The other controls the sound recording, which is typically the recording artist or their record label. If you use an existing recording, you need a licence from both.

The Arts Law Centre of Australia also notes that in Australia, unless the owners have agreed otherwise, one copyright owner cannot grant a licence on behalf of another. So if a song has three co-writers with different publishers, each share needs its own consent. Why there are two copyrights at all is explained in sync licence vs master licence.

How do you find out who owns a song and its recording?

Start with the release itself. The credits on a streaming service, the album artwork or the artist's website usually name the writers and the label. The label's website often lists a licensing or sync contact. For the song, contact the writer's publisher, or the writer directly if they are independent and self-published.

Independent artists are often the easiest case. Arts Law notes that unsigned artists who own both their songs and their recordings can grant both licences at the same time. Ways to reach Australian independents are covered in how to license an Australian artist's song.

What should you include when you ask?

Give the rights holder everything they need to say yes and set a price: who you are, the song and recording, what the production is, how the music is used and how much of it, where it will be published, for how long, and whether you need exclusivity. A vague request usually gets a slow or expensive answer.

  • Your name or company, and the client if it is client work
  • Song title, writers and the recording you want to use
  • The production: title, type and a short description of the scene
  • How much of the track you will use, as a duration
  • Where it will appear: YouTube, social, broadcast, cinema, ads
  • Territory and term, such as worldwide and in perpetuity
  • Whether you need any exclusivity, and your budget

Why get the permission in writing?

Because the licence is your proof. Arts Law describes a sync licence as a contract that proves you have the right to use the music and sets out the terms of that use, and notes producers sometimes need to show it to broadcasters, streaming platforms, financiers and insurers. A written licence records the use, term, territory and fee.

What a good licence should cover is set out in what a sync licence agreement should include. Keep the signed copy where you can find it, because platforms and clients may ask for it later.

Is crediting the artist a substitute for permission?

No. YouTube's copyright guidance says giving credit to the copyright owner does not automatically give you the right to use their work, and disclaimers such as no infringement intended do not grant rights either. Credit can be a condition of a licence, but it does not replace the licence.

The other common assumptions, such as using only a few seconds, are covered in can you use a song if you give credit.

Is there a faster way to get permission?

Yes: license from a marketplace where the artist has already agreed to license their tracks at set prices. On cadential., independent artists list released songs and set their own price for each use type. You pick the use, pay once in AUD, and get a written licence with a checkable licence number.

Artists keep 80% of every licence fee, and licences are non-exclusive. cadential. is in early access and onboarding its first artists now. See how it works or join the waitlist.

Related reading:

Questions, answered

Who owns the rights to a song?

Usually two parties. The musical work, meaning the composition and lyrics, is controlled by the writer or their music publisher. The sound recording is owned by the recording artist or the record label that released it. If an independent artist wrote the song and owns the recording, one person can grant both permissions.

Is an email saying yes enough permission?

It is risky. A sync licence is a contract, and the Arts Law Centre of Australia notes producers may need to prove their rights to broadcasters, platforms, financiers and insurers. A one-line email rarely records the use, term, territory or fee. Ask for a written licence that sets those terms out.

What if the rights holder never replies?

Then you do not have permission. Silence is not a yes, and using the song anyway leaves you exposed to claims, takedowns or muting on the platforms you publish to. Follow up once or twice with a clear request, and choose another track if you cannot get an answer in time.

Can APRA AMCOS give me permission to use a song in my video?

Generally no. APRA AMCOS says it does not issue sync licences or negotiate sync deals, so permission to put a song in a video comes from the rights holders. APRA AMCOS licenses performance and communication rights to venues, broadcasters and platforms, which is a different permission.

Sources

  1. Music Synchronisation Licence Fact Sheet, Arts Law Centre of Australia
  2. What is Sync, APRA AMCOS
  3. Common copyright myths, YouTube Help

This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.