Who Decides on the Use of a Well-Known Song in a TV Commercial?

The decision to use a well-known song in a TV commercial lies ultimately with the song owner. This principle holds true regardless of whether you are planning a commercial for a small brand or a global giant. Just as you would need permission to film in a property owned by someone else, using a copyrighted song also requires the consent of the owner. Failing to secure this permission may result in legal action, which can be detrimental to your business.

During the production of a commercial, the decision to use a specific song can emerge at any phase. The idea to integrate a song often originates from one of the initial creative team members, such as a copywriter or art director. Occasionally, a producer or one of their supervisors, such as a creative director or associate creative director, might also be the primary inspiration.

In some scenarios, an idea to use a famous song might arise mid-production, initiated by an agency’s creative team or even the director. This situation allows for continued production with a song in mind, inspiring the creative process.

More frequently, the integration of a well-known song often occurs during the editing phase of post-production. Editors, being music enthusiasts, might suggest tracks to fit the commercial. Agency creatives and sometimes clients may have compiled a list of potential songs for reference. Additionally, there are specialists in music research and sourcing who suggest tracks, and bands may approach these specialists to pitch their songs.

No matter who initiated the idea or when in the production process it emerged, several steps are necessary to secure the use of the song. The agency's post-production music specialist or client must contact the artist or the rights holders to obtain permission. A licensing agreement is negotiated, detailing the terms of usage, such as how, where, and for how long the song will be used.

Key Player in the Decision-Making Process

The ultimate decision to use a song in a commercial is made by the owners of the song, whether the copyright of the composition or the performance. If the artist or the songwriter does not approve of the commercial's use, the song cannot be used. Therefore, it is crucial to sign a contract with the song owner before your commercial goes live. Failing to do so may result in a legal dispute in the future.

Sometimes, the initial idea may come from a copywriter or art director inspired by an existing song or its lyrics. The commercial’s concept may be entirely based on the song, making it an integral part of the ad. In these cases, the idea usually stems from the initial creative team in the production phase.

Understanding Copyright and Licensing

When dealing with well-known songs in commercials, it is essential to have a clear understanding of copyright and licensing. Copyrights protect the creative work of the song's composition, while the performance rights protect the recording and its performance. Therefore, two separate entities must be contacted to secure the usage of a song.

During post-production, a music specialist within the agency may suggest a song as a placeholder while the original music is being written. However, if the commercial falls in love with the song, permission must still be obtained. The process of obtaining this permission is known as "demo love."

Conclusion

In conclusion, the decision to use a well-known song in a TV commercial lies with the song owner. Regardless of who suggests the song or when in the production process the idea emerges, securing the necessary rights is crucial. For smooth sailing and to avoid any legal issues, it is strongly recommended to sign a contract with the song owner before your commercial goes online. This measure can help protect your brand and maintain compliance with copyright laws.

Keywords: song owner, commercial usage, copyright, licensing