Every film needs great music – and typically speaking, there are two routes available to most filmmakers. You can work with a composer to create original music built specifically for your film, or you can source existing tracks and secure the right to use them.
Here's what you need to know before you decide.
What Film Music Licensing Means for Your Film
As a starting point, music used in a film needs to be properly cleared unless the necessary rights are already available to you — for example, because the relevant copyright has expired or the music is licensed on terms that permit your intended use, such as a Creative Commons licence.
As it's rare that you don't need to clear music, I've written this blog to help you through the licensing jungle out there.
Music licensing is the process of securing the right to use music alongside your picture, whether that's an original score or an existing track you've chosen during the edit. For original scores, you would typically enter into composer agreements. For existing tracks, you typically need sync and master licences – see below for more pointers on those.
As a side note, if you are making a documentary, be sure to switch off all music that might be playing in the background as you'd need to obtain licences for the audible tracks, too (unless it happens to be out of copyright, etc.).
There are two practical routes to getting music into your film. You can commission a film composer to write something original, made for your film and cleared for you from the start. Or you can source an existing track and arrange permission to use it.
Think about how you'll get your music sorted before you fall in love with a song. Many producers use sample tracks throughout the edit and only replace them towards the end of the edit – beware of getting too used to the sample track — once you've watched a scene with it enough times, it can be surprisingly hard to let go.
Each route has its own creative feel, its own cost, and its own timeline — and that's what the rest of this guide walks through.
Working With a Film Composer
Commissioning an original score is the more involved route, but for many indie filmmakers it's the right one. You get a soundtrack built specifically for your film, shaped around your edit, and properly licensed to you from the moment it's created.
Here's what working with a film composer actually involves:
● The creative collaboration. A good composer watches cuts, asks questions about tone and character, and develops themes that serve the story. That process takes time, and it works best when the filmmaker is genuinely involved. The more clearly you can communicate what you're looking for, the better the result.
● The budget. Fees for independent films vary widely. A debut feature working with an emerging composer might spend a few thousand pounds. A more established name will cost considerably more. Factor in recording costs too, especially if you want live instrumentation rather than a digital score.
● Typically, the composer agreement includes a fee for the composer as well as a budget that the composer will need to use to pay for recording costs and musicians. There is usually some wrangling as to what is included in that budget and what the producer needs to pay on top.
● The agreement. As with any cast or crew member, the agreement should absolutely be signed before the composer starts working for you. Without the signed agreement, you don't own the music that they're composing and – usually – recording for you. It goes without saying that no distributor or sales agent will licence your project without all rights, including music, being in place.
I regularly advise on composer agreements – please get in touch if you'd like to discuss this further.
Using Production Music and Existing Tracks
Not every film needs a bespoke score. Tracks can be unavailable for licensing, and the more well-known tracks are often fiendishly expensive. Online music libraries can be a good place to start looking.
Where you could start looking:
Musicbed and Artlist offer curated production music libraries with pre-packaged rights and a wide range of genres.
Independent artists are often the most accessible route. Many actively want their work in films, fees are negotiable, and the creative result can be just as distinctive as a commissioned score. I've seen one producer agree with an up-and-coming musician that the producer gets the film licence for free and in exchange, the composer keeps exclusive soundtrack rights.
Direct outreach to unsigned or emerging artists works well when you have a specific sound in mind that library platforms don't capture. Film festivals and songwriter communities are good places to start. Spotify and comparable online music providers might also offer some good starting points.
Creative Commons libraries are worth exploring for lower-budget productions, but check the particular licence carefully. Not every Creative Commons licence permits commercial use or adaptation, and you will still need to ensure that the person granting the licence actually controls the relevant rights.
Getting Your Sync and Master Licences Right
Whichever route you've chosen, the music in your film needs to be properly cleared before you distribute it. In this article, I'm focusing on the sync licences as you're likely to need those at some point. However, if you need assistance with a composer agreement for an original score, then please don't hesitate to get in touch, too.
There are two licences involved in clearing an existing track for use in a film. A sync licence permits you to use a composition (music and, where applicable, lyrics) alongside your picture. A master use licence covers the specific recording and performance of that composition.
These rights will often be dealt with in two separate agreements because the publishing rights and master recording rights may be controlled by different people or companies. Where the same person or entity controls both, however, they can sometimes be dealt with in a single combined agreement. This is particularly relevant with independent artists who write, perform and own their own recordings.
Here's what a sync licence generally covers:
Ownership of rights
If you are dealing with a music publisher, they may control only a percentage of the composition. The licence should therefore make clear exactly what percentage the licensor owns or controls. If they do not control 100%, you will need to identify and clear the remaining share separately.
I also encourage producers to include a warranty in the composer agreement and sync licences confirming that no generative AI tools have been used in the compositions. In particular, a producer needs to understand whether AI-generated music, lyrics, performances or other material has been incorporated into the work, and whether that creates uncertainty around ownership or third-party rights.
Generative AI in film and music still occupies uncertain copyright territory, and a film built on an unprotected score creates the same problem as when you're shooting without all cast/crew having signed their contracts.
Insurers and distributors will generally require warranties from the producer to confirm that all rights are owned/controlled by the producer, and you're in much safer territory if no AI has been used.
Scope of Use
Where and how the track can be used. Theatrical release, festival screenings, streaming, or a combination?
In other words, a sync licence should deal with much more than simply saying "you can put this song in the film." The agreement covers matters such as the amount and type of use, the film itself, different media and methods of distribution, and trailers and promotional materials.
And don't forget trailers and marketing. A licence to use the track "in the Film" may not automatically give you every promotional use you need. Check that trailers, teasers, electronic press kits, social media and other marketing materials are covered where appropriate.
The sync licence often goes into a fair amount of detail, such as the permitted number of seconds and whether the music is used as background music, before setting out the wider exploitation rights.
Territory
Worldwide rights or specific regions. If your film is likely to screen internationally, which most festival entries are, the licence needs to reflect that from the start.
Term
For most productions, producers will try to secure rights for the full period of copyright and, where legally possible, in perpetuity. A limited term can create problems when the film is later sold, relicensed or made available on a new platform.
Next Steps
I draft composer agreements and sync and master recording licences and advise on those regularly. If you'd like help making sure your music rights are properly structured before release, I'd be glad to have that conversation.
NB: I am qualified to advise on matters of English (UK) law. If you need help with matters governed by another jurisdiction, I am afraid I will not be able to assist.