2022 Marcom Trends - Magazine - Page 40
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
Livestreaming Is Here To Stay
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
The following Q&A provides information on what marketers should
take into consideration about music licensing for livestreams before
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?
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
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?
Yes, your talent agreement will likely only require the talent to
perform and grant you rights to the talent’s name, image and
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?
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.
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
40 DAVIS+GILBERT LLP
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?
Yes, you still need to consider synch and master recording
licenses in these circumstances.
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?
Yes, in these circumstances, you may still need to consider
synch and master recordings licenses.
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?
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
Howard R. Weingrad
Howie is the advertising lawyer clients
trust to help them navigate the complex
problems and potential risk . . . more
While handling thousands of transactions
and music and talent matters over his
more than 20-year legal career . . . more
Samantha G. Rothaus
For agencies and brands exploring
innovative ways to promote their content
and products, Samantha . . . more
This means you will need to obtain a synchronization (synch)
license allowing you to use the musical composition (the
TRENDS IN MARKETING COMMUNICATIONS LAW 41