In the early chaos of production, music rights often get buried in the paperwork—or worse, ignored until post. But whether you’re using an original score, pre-licensed songs, or a soundtrack album, the music in your film has long-tail value. If you don’t retain or structure those rights properly, you’re either overpaying upfront or forfeiting potential revenue on the backend.
Music licensing isn’t just about getting permission to use a track in your film. It’s also about deciding who owns what and who gets paid later. The good news? With the right agreements and awareness, you can protect both creative relationships and long-term income.
Two Key Music Rights Are Master and Publishing
Every piece of music used in a film involves two sides of the rights equation:
| Master rights | The actual sound recording. Usually owned by the artist, label, or whoever funded the recording. |
| Publishing rights | The underlying composition: melody, lyrics, and structure. Usually owned by the composer, songwriter, or a publishing company. |
If you’re commissioning an original score, you’ll likely have the opportunity to own both—if you negotiate correctly. If you’re licensing pre-existing tracks, you’ll need to secure both sets of rights, usually from different sources.
Owning one doesn’t give you control over the other. Neglect either, and your soundtrack becomes a legal landmine.
Commissioning a Composer? Here’s How to Structure Ownership
If you’re hiring a composer for original music, your agreement should clearly outline:
| Scope of work | What’s being composed, how many minutes, for what media (film only, or extras like trailers)? |
| Payment structure | Flat fee, per-minute rate, backend participation, or all of the above. |
| Ownership terms | Who owns the master and publishing rights? Will they be assigned to the production company? Retained by the composer with a sync license? Shared? |
You have three main options:
| Work for hire (production owns all rights) | Common in commercial and studio work. Allows you to control future use, but can alienate high-end composers. |
| Composer retains publishing, production gets sync rights | A balanced deal. You get to use the music forever, but the composer collects royalties and can license it elsewhere. |
| Shared ownership or backend splits | Ideal for indie films. You negotiate a revenue split from soundtrack sales or future licensing, while both parties retain rights. |
Your best move is to treat the composer like a creative partner. If they feel ownership, they’ll market the music alongside the film, increasing exposure for both.
Licensing Existing Songs? Get Your Chain of Title in Order
If you’re licensing pre-existing music (e.g. a recognizable song for a scene), you’ll need to:
- License both the master and publishing
- Specify the media, territories, and duration of use (e.g. festival-only, worldwide in perpetuity, digital-only)
- Clarify whether you can include the track in a soundtrack album
- Ensure the license covers trailers, promotional clips, and social content if needed
Always track the expiration dates and media scope of each license. Nothing kills a distribution deal faster than a music clearance red flag.
Want to Release a Soundtrack Album? Plan for It Early
If your film has original music and you want to release a soundtrack album (digital, vinyl, cassette, etc.), make sure:
- The composer or artists have agreed to soundtrack usage in writing
- You know who owns the master recordings (if not you, you’ll need to license them back)
- You’ve agreed on revenue splits from sales and streaming royalties
- You’ve registered the tracks with a performance rights organization (PRO) for royalty tracking
It’s also smart to plan for metadata, cover art, track sequencing, and distribution ahead of time—especially if you’re releasing alongside the film’s premiere.
Your Rights Strategy Should Reflect Your Film’s Goals
If your film is a one-off creative piece with limited distribution, you may not need to retain full ownership of the music. But if you’re aiming for festival runs, streaming releases, or long-term monetization, controlling (or at least co-owning) the music becomes an important piece of your IP portfolio.
Soundtrack rights don’t just protect your film—they empower you to create merch, release singles, or license to ads and trailers. And that’s real, renewable value—especially if the music resonates with audiences.
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