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As a result of the pandemic, livestreaming of music is booming
and unlikely to go away even after in-person concerts return in
full force. Brands and agencies that want to use this impactful
marketing tool will need to understand the basics of music
licensing before getting involved.
The following Q&A provides information on what marketers
should take into consideration about music licensing for
livestreams before diving in.
Q: We want to hire a band, singer or rapper to perform a
livestream to help promote our brand/products. We already have a
talent agreement with the performer, so do we still need to worry
about music licenses?
A: Yes, your talent agreement will likely only require the
talent to perform and grant you rights to the talent’s name,
image and likeness.
Even if the performer wrote all of the songs to be performed,
the talent agreement will probably not include rights to:
- Use those songs;
- “Publicly perform” those songs; or
- Use any existing sound recordings that may be used in the
performance.
Q: Our products are not going to be featured in the
livestream and we won’t have any signage. Do we still need to
worry about music licenses?
A: Yes, if you plan to promote the livestream on social media
(or elsewhere), you should ensure the music is appropriately
licensed. The commercial association between your brand and the
songs may be enough to trigger the need for music licenses.
Q: We want to use clips of the artist performing the
songs on social media to promote the upcoming livestream, and then,
after it’s over, to promote that it happened. What licenses do
we need?
A: It is important to understand that using recorded clips of
the artist performing songs live will likely require the same
licenses you would need if you used a song in a traditional TV,
radio or digital commercial.
This means you will need to obtain a synchronization (synch)
license allowing you to use the musical composition (the words and
music), and you may need a license from a record label for the
actual use of the newly created master recordings from the live
performance, in the event the artist is a party to an exclusive
recording agreement. Even if you paid for the production of the
livestream event, and paid the artist for the performance, you
still need to consider these synch and master recording licenses.
In addition, if an artist wants to use pre-recorded music within
their live performances, additional third-party licenses may be
required.
Q: We don’t want to use recorded clips in promotion,
but we want to re-play the entire livestream and leave it up for a
period of time. Do we still need to consider obtaining synch and
master recording licenses?
A: Yes, you still need to consider synch and master recording
licenses in these circumstances.
Q: We want to record our livestream in advance for
production reasons but it will otherwise appear live. We will only
play it one time, and won’t use any recorded clips in
promotion. Do we still need to worry about music
licenses?
A: Yes, in these circumstances, you may still need to consider
synch and master recordings licenses.
Q: Our livestream will be truly live — not
recorded in advance — and we won’t re-play it or use any
recorded clips in marketing before or after the event. Do we still
need to worry about music licenses?
A: Yes, you will still need to consider public performance
licenses, which allow you to publicly “perform” the
musical compositions live. The livestreaming platform may not have
a license in place, so you may need to obtain a “one-off”
license from the performing rights organizations such as American
Society of Composers, Authors and Publishers (ASCAP) and Broadcast
Music, Inc. (BMI).
“It is important to understand that using recorded clips of
the artist performing songs live will likely require the same
licenses you would need if you used a song in a traditional TV,
radio or digital commercial.”
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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