Music licensing for audiovisual media: how does it work and what rights are involved?

Music licensing for audiovisual media is the process of obtaining the necessary permissions to associate music with images. in a film, advertisement, series, documentary, music video, or other project.

In practice, the question "can I use this song?" often hides other questions: What composition will be used, what recording, who controls these rights, and for what use does the authorization need to be valid?

This distinction matters because what we hear as a single piece of music may involve at least two different sets of rights: the musical work and the phonogram. If a production intends to use an existing recording, it's not enough to just look at who composed the music.

In Brazil, the Law No. 9.610/1998 The use of a work in audiovisual production is among the modalities that depend on prior and express authorization from the competent holder. The legislation also recognizes rights related to phonograms and the interpretations recorded therein.

Situation	What needs to be checked?
Using a composition in an audiovisual production	Rights regarding musical work, including the necessary authorization to associate it with the images.
Use an existing recording.	In addition to the work, the rights related to phonogram or master used
To produce a new recording of the composition.	The original master copy ceases to be used for that purpose, but the rights to the composition remain relevant.
To display or transmit the audiovisual material later.	There may also be public performance rights, which differ from synchronization permission

Understanding these differences before the audiovisual production is finalized helps prevent a creative choice from later turning into a problem with rights, budget, or deadlines.

The first distinction: a musical work is not the same thing as a phonogram.

A simple way to understand licensing is to think of music in... two layers.

Layer	What is it	Who might be involved?
Musical work	The creation process: composition, melody, and lyrics, if applicable.	Authors, composers and publisher, when applicable.
Phonogram	The recording of a particular interpretation of the work	Performers, musicians, record producers and other holders or representatives, as the case may be.

THE Brazilian Union of Composers This distinguishes between a musical work – the creation itself – and a phonogram, which corresponds to the recording of an interpretation of that work. This separation also helps to understand the difference between copyright and related rights.

This means that The same composition can exist in several different recordings..

Imagine a song initially recorded by the composer himself. Years later, another artist releases a version of the same composition, and subsequently, an acoustic recording emerges.

The musical work itself may remain the same. The sound recordings, however, cannot.

Therefore, choose which song and choose which recording of that song These are different decisions within an audiovisual project.

What is music synchronization or sync licensing?

In the market, musical synchronization, sync or sync licensing These are terms used when a musical composition is licensed to be associated with images.

When a song is to be included in an audiovisual production, it is necessary to verify who manages the relevant rights to that work and under what conditions its use may be authorized.

The question isn't simply "can the music be used?". Authorization can define factors such as:

• Which project could utilize the music?;
• On which media or platforms;
• In which territories;
• For how long?;
• In what context?;
• and under what other negotiated conditions.

An authorization granted for a specific project, therefore, should not be automatically interpreted as an open permission for any future use.

And where does the master come in?

If audiovisual media uses an already existing recording, It's also necessary to look at the phonogram.

In the vocabulary of the market, it is common to find expressions such as master rights, master use or "master license" to refer to the rights related to that specific recording.

In practice, these rights can be managed by the record producer, record label, or other representative, depending on the contractual structure of that recording.

Consider an example:

A production company wants to include the original recording of a particular song in a film.

Before using the headband, she needs to investigate two questions:

1. Who can authorize the use of the composition in that audiovisual production?
2. Who can authorize the use of that specific recording?

That's why the market often talks about the two "sides" of licensing: work and master.

This does not mean that every case can be mechanically reduced to "two licenses." Ownership, contracts, and usage methods may vary.

The more accurate question is:

What rights does this specific use entail, and who can actually authorize it?

What if I re-record the song instead of using the original master?

This alternative makes the difference between a work and a phonogram even clearer.

If a production decides to create a new recording of an existing composition, She stops using the original recording..

This changes the part related to that recording, but it doesn't transform the composition itself into a royalty-free work.

Depending on how the new version is developed, other rights related to recording, arrangement, adaptation, and the actual use of the work may also need to be considered.

Therefore, a re-recording should not be seen simply as a way to "avoid copyright." It changes the licensing structure; This does not automatically eliminate the need for authorization.

Who authorizes the use of a song?

There is no single entity responsible for authorizing any existing music.

The rights may be managed by different people or companies.

On the copyright side, authors, composers, music publishers, or representatives may be involved. On the sound recording side, record producers, record labels, and other administrators of the corresponding rights may appear.

Therefore, one of the most important steps is to find out. who effectively controls the rights necessary for that use.

Finding a song on Spotify, YouTube, or another platform doesn't mean that platform can authorize its use in a film, campaign, or video.

Similarly, buying a track or having legitimate access to the recording to listen to it does not equate to obtaining the right to associate it with images.

What does it mean for a song to be one-stop?

In music licensing, the term one-stop This term is typically used when a single party manages to hold or release all the necessary rights to the work and recording for a specific transaction.

This can make the process simpler because it reduces the number of independent approvals.

But one-stop This does not mean "free use" or automatic authorization. The project, scope, and terms of use still need to be defined.

How does music licensing work in practice?

Before looking for contacts or asking how much a song costs, four questions can help organize the process.

The four questions to ask before requesting authorization.

Question	Why does it matter?
1. Which song will be used?	Identify the musical work and the authors involved.
2. Which recording will be used?	It determines if there is a specific phonogram or master recording to be authorized.
3. How and where will it be used?	Define the project, media, territory, period, context, and other relevant conditions.
4. Who controls the necessary rights?	It indicates who can actually negotiate and grant the authorizations.

This is a more useful starting point than simply asking, "How much does it cost to use this music?".

Next, it is necessary to identify who controls each right and obtain the corresponding authorizations. In the market, this identification and release process is usually called... clearance.

1. Define the use

Before seeking out rights holders, the production team itself needs to know what it intends to do.

A request may need to state what the project is, where it will be exhibited, for how long, in which territories, how much of the music will be used and what role it will play in the production.

A short Brazilian campaign and a film distributed internationally for several years represent very different uses.

2. Define the music and recording

Giving only the song’s name is not enough.

Does the production intend to use the original recording? A live version? A remix? A new performance?

Changing the recording may also change who administers the rights relating to the sound recording.

3. Identify who controls the rights

Compositions may have several authors. Rights may be administered by publishers. Sound recordings may be controlled by sound recording producers, record labels or other representatives.

Before assuming that someone can authorize 100% of that use, the actual rights structure needs to be confirmed.

4. Request permission

With the project at least outlined, rights holders or representatives can assess the intended use more concretely.

The clearer the information supplied, the less likely a negotiation is to begin with mistaken assumptions.

5. Negotiate the conditions

Permission may take into account media, territory, period, context, exclusivity and other characteristics of the project.

Licensing music therefore does not simply mean “buying the track.” It is about licensing rights for a defined use.

6. Formalize the permission

The relevant license or contract should make clear what has actually been permitted.

In more complex projects, or where there is uncertainty about the chain of rights, specialist legal analysis may also be necessary.

How much does it cost to license music?

There is no universal price for music licensing.

The amount depends both on the music and on the intended use.

Factors that may influence a negotiation include:

• the recognition of the work and recording;
• the type of production;
• the music’s role within the project;
• the media and platforms involved;
• the territory;
• the period of use;
• the length of the excerpt;
• the scale of distribution;
• any exclusivity;
• and the rights that need to be cleared.

Music used briefly in a production with limited circulation does not necessarily represent the same negotiation as a track used as a central element of an international campaign.

That is why the question:

“How much does it cost to license music?”

is often insufficient.

A more useful question would be:

“How much does it cost to license this work—and, where applicable, this recording—for this project, in this territory, for this period and in these media?”

The earlier these variables are defined, the sooner the production can discover whether that musical choice is actually viable.

Where does ECAD come in?

It is important not to confuse synchronization com public execution.

ECAD works in the collective management of music public performance rights in Brazil.

The permission needed to include protected music in an audiovisual production is a different matter.

In other words:

Question	What is being discussed
Can I put this music in the audiovisual work?	Synchronization and other necessary rights in the work and, where applicable, the sound recording
What happens when that audiovisual work is exhibited or broadcast?	Public performance may also be involved, depending on the form of use

This means that a payment relating to ECAD does not automatically replace the permission needed to include music in an audiovisual work.

However, once music has been synchronized in an audiovisual work, certain forms of exhibition or broadcast may also involve public performance.

Separating these two questions removes much of the confusion surrounding the subject.

What is a cue sheet?

THE cue sheet is the music information record for an audiovisual production.

It documents which music was used and may include information such as the work’s title, authors, publisher, performer, duration of use, type of use and identification of the sound recording.

In Brazil, this information may be important for identifying the music used in films, series and other productions, and for subsequent processes relating to the distribution of public performance royalties.

In other words, work with music in audiovisual media does not necessarily end when the track enters the final edit.

Documentation is also part of a professional process.

Does royalty-free mean music without copyright?

No.

The expression royalty-free is used commercially for certain licensing models. It does not, on its own, mean that the composition or sound recording is in the public domain or without copyright protection.

What actually matters is what the license permits.

A library may authorize certain uses in digital videos and set different conditions for advertising, cinema, television, apps, redistribution or other contexts.

“Royalty-free” should therefore not be interpreted as:

“I can do anything with this music.”

You need to check whether the terms of that license actually cover the intended project.

Can I use 10, 15 or 30 seconds of music without permission?

Brazilian legislation does not contain a general rule saying that music can be used freely simply because an excerpt has a particular duration.

Law No. 9.610/1998 provides specific limitations on copyright, including situations involving excerpts of works, but they have their own conditions.

The number of seconds alone does not function as automatic permission.

Statements such as “up to 30 seconds is allowed” are therefore risky simplifications.

For a professional audiovisual project, it is more appropriate to analyze the nature of the use, the context and the rights involved than to assume that a short excerpt removes the need for permission.

Licensed music, a catalog or an original soundtrack?

Licensing existing music is only one possible approach to the musical part of an audiovisual work.

Approach	What changes
Existing recording	Allows the use of a finished track, but requires checking rights in the composition and the recording
Catalog of music available for licensing	May make finding repertoire and obtaining permission more predictable
New recording of an existing composition	Removes the original master from that use, but retains the rights relating to the work
Original music for the project	Allows sound, structure and musical language to be developed from the audiovisual brief

None of these approaches is automatically superior.

A familiar recording can bring cultural associations that a new composition does not have. An original soundtrack, on the other hand, can emerge directly from the narrative, edit, brand identity or rhythm of a scene.

This is precisely where music and audiovisual work stop being isolated departments.

In my process across composition, music production and audiovisual direction, one question often comes even before choosing a track:

What does the music need to do within the image?

The answer may lead to existing music, a different recording, a catalog available for licensing or the development of an original composition.

That is why music tends to work better when it enters the conversation early—not just as a temporary track that needs to be “sorted out” after everything else in the project has already been finalized.

How to choose music for a scene: four listening examples

After understanding the rights comes the creative decision: does the music need to increase tension, reveal a character, leave room for dialogue or mark a turning point? The examples below, from my repertoire, are intended to test that narrative function. No track is an automatic fit; the result depends on the image, edit and context of the project.

• Kiss Of Death explores forbidden desire and a nocturnal atmosphere. In a trailer for dark fantasy, suspense or a game, ask whether the voice and sense of ritual expand the scene or compete for attention with it.
• We’ll Last Forever explores ambition, time and emotional strain. For psychological drama or a fashion film, compare the original recording with the Soul Session: the composition remains, but the performance and sound recording change the meaning of the edit.
• Mermaids in the Ocean of Virtue is an instrumental interlude from When Water Burns. It can serve as a reference for testing a transition, contemplation or space beneath a spoken scene; notice whether the texture supports the image without demanding the foreground.
• Oxygen: Euphoric Escape begins with a narrative of liberation and a return to the surface. In a transformation sequence, trailer or campaign, it is worth identifying the precise point where the track’s energy follows—or anticipates too early—the visual turning point.

To build a shortlist, note the music’s function, the vocal entrance, the space for speech and the moment when the energy changes. This gives music supervisors, production companies, brands and game teams a more useful comparison criterion than “I liked the genre.”

I hold the rights to my music and can receive a brief directly concerning the work and recording. The links above are for listening and creative evaluation; any use in a production depends on specific permission for the project.

Before requesting a license, what is worth having ready?

A good request begins with a project that is at least outlined.

Before making contact, try to be able to answer:

• what the production is;
• which music is being considered;
• which recording will be used;
• what role the music will play;
• in which media the content will be distributed;
• what the territory is;
• for how long the use will be needed;
• and what the project schedule is.

This information helps turn a generic question—“can I use this music?”—into a request that can actually be assessed.

Music licensing does not need to be treated as a legal black box.

When we understand which work, which recording, which use and which rights holders are involved, the process becomes much clearer.

This understanding does not replace legal analysis of specific situations. It allows production companies, agencies, brands, filmmakers and creative teams to enter negotiations with a better understanding of what they need to ask and why.

Frequently asked questions about music licensing

What is the difference between sync and master?

Sync refers to permission relating to the use of the composition alongside images. The master side relates to the specific recording to be used. If the project uses an existing sound recording, both layers need to be checked.

Does ECAD clear music for advertising or film?

That is not ECAD’s function. The entity administers music public performance rights. The permission needed to associate music with a production’s images is a separate matter.

Is there a standard price for licensing music?

No. The amount depends on the work, recording, project and negotiated conditions of use.

Can royalty-free music be used in any project?

Not necessarily. The term describes a licensing model. Permitted uses depend on the conditions set out in that license.

Does using a few seconds remove the need for permission?

Not automatically. Brazilian legislation does not establish a general rule permitting music simply because 10, 15 or 30 seconds were used.

Need music for an audiovisual project?

If you are producing a film, advertisement, video or another audiovisual project, there are two main approaches.

If a piece of music from the repertoire of Guilherme Godoy makes sense for the project, visit Music and discography to explore the available works. Use of a track can be discussed according to the production’s characteristics, such as media, territory, period and form of use.

If the project needs music created specifically for its images, narrative or identity, it is also possible to develop an original composition or music production from the brief.

To inquire about using existing music or present a new project, visit Work with me.

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Sources and references

The legal and institutional information in this article was checked against sources such as:

• Law No. 9.610/1998 – Copyright Law;
• Ministério da Cultura – frequently asked questions about copyright;
• UBC – distinction between a musical work and a sound recording; cue sheet guide;
• ECAD – public performance and submission of music programming for audiovisual media.

This content is for informational purposes and does not replace specific legal advice for contracts, licenses or particular situations involving the use of musical works and sound recordings.