Copyright and Commercial Music: What Creators Need to Know for Advertisements, Sound Logos, and Online Content

The Basics of Copyright in Music

What is Copyright?

Copyright protects any original creation as soon as it is expressed, whether it is a piece of music, a text, or a visual work. In France, this right grants the author two types of prerogatives:

• Moral rights, which protect the bond between the author and their work (inalienable and perpetual).
  

• The economic right, which allows the author or their heirs to receive remuneration for the exploitation of the work (limited in time, generally 70 years after the author's death).
  

Neighboring rights: who else is concerned?

In addition to the songwriter, other parties such as performers and producers have neighboring rights. For example, if you use a recording of a song performed by an orchestra, you will also need to obtain their permission.

Use of music in advertisements and sound logos

Transfer of rights for commercial use

For an advertisement or a sound logo, it is not enough to buy a standard license. You must negotiate a rights transfer tailored to your project, including:

• The duration of use (one year, five years, indefinite).
  

• The covered territory (national, international).
  

• The relevant broadcasting media (TV, radio, Internet).
  

Jingles and sound logos: between copyright and trademark

A jingle or a sound identity can also be protected as a sound trademark with intellectual property offices. This guarantees additional exclusivity, but requires that the sound be unique and associated with a brand. (comme celui de Netflix ou Intel).

Specificities for YouTubers and online creators

Content ID and frequent disputes on YouTube

The YouTube Content ID system is a technology that automatically identifies protected tracks in videos. If you use music without permission, you risk:

• Demonetization of your video.
  

• A removal or a blocking of the content.
  

• Legal disputes in case of prolonged commercial use.
  

Royalty-free licenses: an ideal solution?

The so-called "royalty-free" music does not always mean free use. They are often subject to a usage license that may be limited in duration or usage. Read the terms carefully before integrating them into your projects.

Calling on a sound design agency

If you want a unique sound identity, working with a Sound Design agency can be a wise solution. This allows for the creation of custom musical branding, with a rights transfer tailored to your needs.

Practical cases and recent case law

Examples of famous lawsuits

• Television advertisement: A clothing brand was condemned for using a remixed version of a famous song without authorization. Even adapted or modified works require authorization from the original author.
  

• YouTube: many creators have seen their videos demonetized after using "royalty-free" music that was poorly licensed or abusively claimed via Content ID.
  

Precautions to take

• Always check the source of the downloaded music. Platforms like Artlist, Epidemic Sound, or PremiumBeat seem to offer solid guarantees.
  

• Draft a clear contract if you are working with an audio design agency, specifying the rights granted and the terms of use.
  

Conclusion and recommendations

Sound design is a powerful asset for capturing attention and leaving a lasting impression. However, the use of musical performances, whether for an advertisement, a jingle, or a YouTube video, requires a thorough understanding of copyright law. Here are some key tips:

• Always obtain the necessary permissions, whether they are licenses or rights transfers.
  

• Favor reliable platforms for royalty-free music.
  

• Working with professionals, whether they are specialized lawyers, composers, or sound design agencies.
  

At Resonance Sound Design, we adhere to these rules to protect not only your project but also the work of the artists and creators who contribute to enriching the sound universe.

If you need help with your sound design projects or are looking for custom services, contact Resonance Sound Design (contact@resonance-sounddesign.com) to discuss your ideas!