Lawsikho Blog

Do you want to learn about music rights? In this article, we will walk through some of the most common misconceptions filmmakers and content creators have about music rights and what the law actually says. If one is using music in visual content, this is a legal roadmap worth following. 

Why music rights matter more than you think

Do you remember season four of Stranger Things? It featured Kate Bush’s Running Up That Hill, and when I first heard that, it got me hooked! 

And the scene? Brilliant.

The song acted as an emotional tone for the storyline. But it did more than that. I would like to think of it as a cultural moment.

Am I reaching? Maybe not. 

Because streams of the song surged by over a whopping 8,000%, bringing a 1980s track back into mainstream playlists. That stat is insane.

But what most viewers may not realise is that behind that powerful scene was a complex web of music rights negotiations. The show’s music supervisor had to obtain two separate licences, one for the song itself and another for the specific recording used.

This is not new. If you are a little old-school, then think of the famous scene in Wayne’s World where Queen’s Bohemian Rhapsody is played in the car. Don’t come at me, but did it make Queen famous again?

That moment nearly did not happen. The studio initially wanted a more affordable alternative, but Mike Myers fought for Bohemian Rhapsody, eventually leading to a licensing deal that helped the song re-enter the charts years after its release.

And what if they did use the song without permission? It would have been so messy. 

Even in the Indian context, music rights have made headlines. When Gully Boy was released, questions arose over the use of certain hip-hop tracks by independent artists. While the film was praised for bringing underground music into the spotlight, it also triggered conversations around rights ownership, label control, and fair use in Indian cinema.

These are actually not just artistic choices, they are legal decisions. Failing to secure proper music rights can result in lawsuits, takedowns, and even bans from distribution platforms. Whether one is producing a feature film, a web series, or a student documentary, music clearance is not optional; it is essential.

In the entertainment industry, this process is known as music clearance. At its core, it involves identifying who owns the rights to a piece of music and obtaining legal permission to use it. But the process is more layered than it seems. There are two primary rights involved: the synchronisation right (which allows one to use the composition) and the master right (which allows one to use a specific recording).

If you are here, I am assuming that you want to know more about it. 

Master use rights

Okay, so let’s say that a producer intends to use a particular recorded version of a song. For example, the original recording by Queen. Now the producer must also obtain a master use right. This right is usually held by the record label or performing artist who financed or created the sound recording. 

This is not an Indian example, but just keep the Copyright Act in mind. In legal terms, this falls under section 14(e)(iii) of the Copyright Act, which addresses the right to communicate a sound recording to the public.

In the Stranger Things example, both the sync right (owned by Kate Bush as composer and lyricist) and the master right (ownedThe master recording is owned by Warner Music Group, specifically Warner Music UK which is her label) had to be cleared. In the Indian context, where multiple parties may be involved, including music producers, lyricists, singers, and music companies,  the process becomes even more intricate.

Rights management in India

In India, there are major collective management organisations that facilitate licensing:

Some primarily manage public performance and mechanical rights for musical compositions and lyrics. And some manage public performance rights for sound recordings. 

However, these bodies only act as facilitators when rights have been duly assigned to them. If you are an independent artist, then in many cases, you may retain rights or have informal arrangements, which can complicate the clearance process. Therefore, it is crucial for you to verify ownership before attempting to negotiate.

Understanding the legal framework is the first step. But you need to know that misconceptions still abound. 

In the next section, we will examine seven common myths that content creators,  from seasoned producers to first-time filmmakers, often believe about using music in their work. We will contrast these with what the law actually requires.

This is also something important for you to know, especially if you are a creator. These are the mistakes that are made on a daily basis. If you end up getting in trouble, then that is so much money lost. 

Myth v. Law – Common misconceptions about music clearance

Myth 1: “I can use any song as long as I credit the artist.”

This is perhaps the most widespread misunderstanding among filmmakers, YouTubers, and even some advertising professionals. 

And you actually see this quite often.. You can see videos going up with music that is not licensed and then being taken down. They are taken down probably because they received a warning.

The assumption is that if credit is given, whether in the end credits, a YouTube description, or a caption,  then permission is implied or the use is excused. Unfortunately, this is not how copyright law works.

Legal reality: Credit does not equal consent.

If you think it is as simple as giving credit, then you are mistaken. In copyright law, giving attribution or credit to the original creator does not substitute for a license or permission. Whether one is using five seconds or five minutes of a song, one must obtain formal permission from the rights holders.

Legal basis:

Under section 51 of the Copyright Act, 1957, a copyright is infringed when a person, without a licence or permission from the owner:

• Make a copy of the work,
• Communicates it to the public, or
• Authorises the use of the work in a manner that is reserved for the copyright holder.

So, nowhere does the Act mention that giving credit eliminates the need for consent. In fact, the law treats unauthorised use as infringement regardless of intention, which means even well-meaning acts (such as giving credit) are legally irrelevant if permission is missing.

Let me give an example. So we all know the famous Chaiyya Chaiyya song by A.R. Rahman. Now, imagine you are a filmmaker, and you think this is a good song to use as the background score in a short film. 

Now, if you simply add “Music: A. R. Rahman” in the closing credits, despite the acknowledgement, the filmmaker could still face legal action unless synchronisation and master rights were obtained in advance.

Case insight:

In Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd. (Delhi High Court, 2010), the Court reaffirmed that the use of copyrighted music without permission constituted infringement, even though the defendant had argued that they were merely broadcasting the content and had no malicious intent. The Court held that the rights of the copyright owner are absolute unless limited by a licence or statutory exceptions.

So, what do we learn from this? You should assume that attribution is a legal shield. Always identify the rights owners and request permission in writing, outlining the scope of intended use. If one is working with a third-party production house or music supervisor, ensure that the clearance has been documented; merely receiving a file or song from someone else does not transfer the right to use it.

Myth 2: “This is a student film or festival cut. It does not require clearance.”

This is another frequent misconception, especially among emerging filmmakers. The belief goes something like this: “Since I am not making money from this film, and it is just going to a festival or being used as a portfolio piece, copyright rules should not apply.”

Yes, playing songs in your regular college festivals will not get you in trouble, but if there are films and festivals involved? It is better to be safe than sorry.

Legal reality: Purpose does not negate permission.

The legal requirement to obtain rights does not change based on the intent or scale of the project. Whether the film is made by a major studio, an independent production company, or a university student, using copyrighted music still requires a proper license from the rights holders.

Legal basis:

The Copyright Act, 1957, does not distinguish between commercial and non-commercial use when it comes to synchronisation. Section 14(a) and section 51 apply to any use of a copyrighted work, unless the usage falls under one of the narrow exceptions listed in section 52.

Section 52 does allow some uses for educational purposes. However, making a film for festival circulation or personal showreel is not the same as using a song in a classroom for teaching, and courts are unlikely to treat such use as “fair dealing”.

International practice:

Globally, film festivals require that all rights, including music, be cleared before submission. Major festivals like Sundance, Berlinale, and TIFF have strict terms and conditions, which ask for written confirmation that the applicant holds all necessary rights. Even smaller Indian festivals increasingly ask for declarations of clearance.

Now let’s say, a student at a film school uses Ajeeb Dastan Hai Yeh in her short film and uploads it to Vimeo as part of her application to international festivals. She receives positive responses, but also a copyright takedown notice from the music label for unauthorised use. Despite the educational context, she has technically infringed both synchronisation and master rights.

Case insight:

There is actually limited case law specifically on student films, courts have repeatedly stated that the intention behind the use does not excuse unauthorised communication to the public. In Indian Performing Right Society Ltd. v. Aditya Pandey (2011), the Delhi High Court observed that even a single public performance or broadcast without permission could amount to infringement.

The lesson? Even if one is working on a student film, plan for music clearance early. Many Indian artists are open to low-cost or free licensing if approached politely and transparently. Alternatively, use original compositions, royalty-free tracks, or production libraries that grant festival-use licences.

Myth 3: “The song is old, so it must be in the public domain.”

This is a dangerously common assumption: that if a song is “old enough,” it has automatically slipped into the public domain and is free to use. Filmmakers often confuse age with legal availability, thinking that classic Hindi film songs or golden-era Western tracks can be freely used just because decades have passed since their release.

Legal reality: Age alone does not determine public domain status.

In India, the copyright term for a musical composition (i.e., lyrics and melody) is the life of the author plus sixty years, counted from the beginning of the calendar year following the year of the author’s death.

For sound recordings, the copyright term is sixty years from the beginning of the calendar year following the year in which the recording is published.

This means that many songs from even the 1950s or 1960s may still be under copyright, depending on when the composer or performer died, or when the recording was released.

Legal basis:

• Section 22 of the Copyright Act, 1957 sets the general term for literary and musical works.
• Section 27 sets the term for sound recordings. Both clearly specify fixed durations. Unless the term has expired and the work has not been renewed or adapted into a new copyrighted version, the work is not in the public domain.

Suppose a filmmaker wants to use Waqt Ne Kiya Kya Haseen Sitam from Kaagaz Ke Phool (1959). Yes, this is very, very old. 

The composer S. D. Burman passed away in 1975, and the lyricist Kaifi Azmi died in 2002. That means the composition will enter the public domain in 2063. The sound recording, released in 1959, entered the public domain in 2020. However, if the label has reissued a remastered or adapted version later, that version might enjoy a separate copyright term.

Case insight (UK example):

In Golan v. Holder (2012, United States Supreme Court), the issue of restoring copyright to foreign works previously believed to be in the public domain was discussed. Although not an Indian case, it highlights how works thought to be in the public domain may still be protected under international copyright frameworks. Under Indian law, too, India is a signatory to the Berne Convention, which means foreign works are often protected for equivalent terms.

So, all this means that you do not rely on assumptions. Always conduct a term-of-protection check before deciding whether a work is in the public domain. If in doubt, consult with a copyright expert or use verified public domain catalogues like those maintained by the National Archives or trusted music libraries.

Also, keep in mind that even if a composition has fallen into the public domain, a particular recording or arrangement of that composition may still be protected.

Myth 4: If I only use a few seconds, it is fair use.”

Filmmakers and content creators often believe that there is a “magic number”, say, 5 or 10 seconds, of a song that can be used freely under something called “fair use.” This idea, often picked up from social media or hearsay, leads many to include brief music snippets in trailers, montages, or scene transitions without permission.

Legal reality: There is no fixed number of seconds that qualifies as fair use.

I hate to break it to you, but there is no such thing. 

The concept of “fair use” is not a blanket permission to use any copyrighted content in small portions. In Indian law, the corresponding term is “fair dealing.” Fair dealing is narrowly defined. Fair dealing under section 52 could apply to specific uses (e.g., a documentary critiquing a song), but it rarely applies to commercial films or TV shows. 

Fair dealing in India applies only in certain circumstances, such as:

• Use for private or personal use, including research;
• Use for criticism or review;
• Use for reporting current events;
• Use by a teacher or student in the course of instruction.

None of these typically apply to films or television shows, especially when the content is being published, broadcast, or submitted to festivals.

Moreover, even a few seconds of a musical work may be considered a substantial part if it captures the “essence” or “signature” of the song. This is especially true with iconic melodies, intros, or hooks.

Suppose a web series uses a 7-second clip of Bohemian Rhapsody as background music in a character’s monologue. Even though the clip is short, it includes the instantly recognisable “Galileo!” portion, arguably the most iconic part of the song. Queen’s publisher or label can still claim infringement because the portion used is substantial in character and impact.

Similarly, the Stranger Things production team did not just “clip” Running Up That Hill by Kate Bush. They negotiated synchronisation rights and paid for extensive usage, recognising that even a single refrain carried enormous emotional and narrative weight.

Our lesson from this? There is no “safe zone” in seconds. If the intent is to use any part of a song in a way that is recognisable, memorable, or forms a noticeable part of the scene, even briefly, clearance is necessary. Instead, consider using royalty-free music or commissioning an original composition.

Myth 5: “I can just get rights from the music label or composer, that should be enough.”

Many first-time producers, content teams, and even independent directors assume that getting a single permission, either from the music label or the composer,  suffices for legal use. Unfortunately, music rights are almost always split, and clearing only one right is not enough.

Legal reality: Music involves multiple layers of rights, all of which must be cleared.

In most cases, especially with published music, there are at least two separate sets of rights:

1. Publishing rights (composition rights): These belong to the songwriter or composer, covering the melody and lyrics.
2. Master rights (sound recording rights): These belong to the entity that produced the recording, typically a record label.

For film or television use, known legally as synchronisation, both sets of rights are required. This means that getting permission from only the composer (publishing rights) without the sound recording owner (master rights) or vice versa can result in an incomplete and therefore invalid licence.

Legal basis:

Under sections 14(a) and 14(e) of the Copyright Act, 1957, musical works and sound recordings are treated as distinct categories of copyrightable works, each with its own bundle of rights.

In addition, the Copyright (Amendment) Act, 2012, gave special recognition to authors of musical works in the film industry, ensuring they receive a share of royalties and clarifying that rights can reside in multiple hands. This makes tracing and licensing more complex and more important.

Now, suppose a filmmaker wants to use the song Mere Sapno Ki Rani from Aradhana (1969). The composition was by S. D. Burman (publishing rights), the lyrics by Anand Bakshi, and the sound recording likely owned by Saregama India Ltd. A licence from only Saregama would not authorise a remake or remix using the melody, and a licence from only the composer’s estate would not authorise use of the original recording. Both rights must be cleared.

The same principle applies globally. For instance, when Bohemian Rhapsody was used in the film Wayne’s World, the production company had to obtain permission from both Queen’s music publisher and the label that owned the original recording.

Case Insight:

While Indian courts have not extensively litigated synchronisation rights in cinema, the Delhi High Court in Indian Performing Rights Society Ltd. v. Aditya Pandey (2011) and Phonographic Performance Ltd. v. Lookpart Exhibitions (2018) clarified the distinct roles and rights of music copyright societies, composers, and producers, reinforcing the idea that overlapping rights exist and must be separately honoured.

So, what do you need to do before using a song? You need to:

• Identify who owns the master (usually a record label).
• Identify who owns the publishing rights (usually the composer or a music publisher).
• Obtain licences from both.
• For Indian film songs, also check if rights were assigned contractually to the film producer.

A synchronisation licence (sync licence) allows the use of a musical composition in timed relation with visual media. Under Indian law, this is governed by section 14(a)(iii) of the Copyright Act, 1957, which grants the copyright owner the right to make adaptations of a musical work, and section 14(e)(iii) for sound recordings, which includes the right to communicate the recording to the public

In some cases, music supervision agencies or rights clearance professionals can handle this process and track down all relevant parties, which is especially useful when the ownership chain is unclear or disputed.

Myth 6: “Once I have a licence, I can use the song anywhere, forever.”

It is common for content creators to believe that once they secure a music licence, they are free to use the track as they please, whether for promotional purposes, in future projects, or across different platforms. This misunderstanding can lead to significant legal issues, as licences often come with limitations.

Legal reality: Licences are typically restricted by time, territory, and medium.

A music licence is not a blanket permission that allows indefinite and unlimited use of a song. Most licences are very specific about where and how the song can be used, and these restrictions should always be outlined in the licence agreement.

For instance, a synchronisation licence for a film may only allow the song to be used in that specific film and within certain territories (e.g., India or South Asia) and for a defined period (e.g., the initial release window). If the filmmaker wishes to extend the song’s use beyond this scope, for a commercial, international distribution, or to use it in a trailer, music video, or another project, they must negotiate a new license.

Legal basis

The Copyright Act, 1957 allows copyright owners to grant licences under terms and conditions that are mutually agreed upon. The terms of a licence (such as territorial limits and duration) are governed by the Contract Act, 1872. In the case of a breach, the Indian courts can enforce the contract or seek compensation for the infringement.

Under sections 14(a) and 14(e), when using copyrighted works, the right to control usage is split among various parties, including the composer, performer, and publisher. Thus, each usage scenario needs to be negotiated separately.

Now let us consider the case of the Bollywood film Queen (2013), which used Hungama Ho Gaya by S. D. Burman in a crucial sequence. While the film had clearance for its theatrical release, the song was later used in a promotional advertisement for a mobile phone. The production company would have needed to seek additional clearance from the music publisher and the rights holders to use it for advertising, as the original clearance was likely confined to the film.

Similarly, the use of Bohemian Rhapsody in various media (film, live performances, commercials) requires specific licences. While the film Wayne’s World secured the necessary synchronisation rights for the song, the use of the same song in any subsequent ad campaigns or promotional events would require a new agreement.

Case insight

In Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd. (2010), the Delhi High Court addressed a similar issue where a party used a song beyond the agreed terms. The Court ruled that using the music outside the agreed scope — for instance, broadcasting a song beyond the initial licensing period, constitutes infringement, even if the song was originally cleared for the film’s release.

So, what is our lesson? Before assuming the licence covers all uses, read the fine print of the agreement. Ensure that the licence covers your intended use across all platforms (e.g., TV, YouTube, advertisements, trailers, etc.). If unsure, negotiate additional rights when obtaining the original licence to avoid future legal hurdles.

Always keep track of expiry dates for any licences that may limit your ability to use the song post-licence period.

Steps to clear music rights

Now that we have debunked the common myths surrounding music rights clearance, let us break down the practical steps involved in legally clearing music for your film or TV show. This process is not just about obtaining permission; it requires meticulous attention to detail and a sound understanding of copyright law.

Step 1: Identify the rightsholders

The first step is to determine the ownership of the song you wish to use. This involves tracking down the composer, lyricist, and performer for the composition rights, as well as the record label or entity owning the master rights for the sound recording.

• Composer and lyricist: These individuals (or their estates) own the publishing rights to the music. You will need to contact them or their representative (often a music publisher) to negotiate a licence for use.
• Record label: The label that produced the sound recording owns the master rights. You must approach them to obtain permission for the use of the actual recording.

Step 2: Determine the type of licence required

Next, determine the specific licences you need, based on the intended use:

• Synchronisation Licence (Sync Licence): Required for the use of music in audiovisual works (films, TV shows, videos, etc.). This licence covers the right to use the music in conjunction with moving images.
• Master Use Licence: This is required for using the actual recorded performance (e.g., the original version of a song as it was recorded).
• Performance Licence: If the song is to be publicly performed, you will need a performance licence from the relevant rights organisations, such as the Indian Performing Right Society (IPRS).

Step 3: Negotiate the terms

Once you have identified the correct rights-holders and determined the necessary licences, you will need to negotiate the terms of the licence agreement. Be sure to include:

• Territory: Specify the geographical areas where the music will be used (e.g., India, global, specific regions).
• Duration: Clearly define the period for which the music will be licensed (e.g., for the life of the film or a set number of years).
• Medium: Specify where the music will appear (e.g., TV, cinema, digital streaming, social media).
• Fee: Agree on the licence fee and payment structure. Fees can vary significantly based on the prominence of the song, the rights required, and the project’s budget.

Step 4: Draft the agreement

Once the terms are agreed upon, it is crucial to draft a formal contract. The contract should clearly outline all the terms mentioned above, along with any crediting and royalty arrangements. This agreement should be signed by all parties involved.

Step 5: Final review

Before proceeding with production, ensure that all rights are fully cleared and there are no outstanding legal obligations. A lawyer familiar with entertainment law can help ensure that everything is in order.

How to draft a music licence agreement for film or TV show use

When you secure the rights to use a piece of music in a film or TV show, it is crucial to formalise the agreement in writing. A well-drafted Music Licence Agreement ensures that all parties involved have a clear understanding of the terms, limits, and expectations. This protects both the creator (the filmmaker or production company) and the music rights holders (composers, record labels, and publishers) from future disputes.

Let’s set up a background first.

The 78 Disc Studio, a well-established music production company based in Mumbai, holds the rights to a large catalogue of original compositions and sound recordings. They have recently been approached by ABC Productions Pvt. Ltd., an emerging film production house working on an independent feature film titled “Monsoon Memories”.

ABC Productions is particularly interested in using three tracks from The 78 Disc Studio’s catalogue, two instrumental compositions and one vocal track, as part of the film’s background score and opening credits.

This agreement is intended to grant ABC Productions a limited licence to use these music tracks specifically for the film and associated promotional materials. The licence is non-exclusive, subject to certain restrictions, and includes payment of a lump sum licence fee.

Agreement Between The 78 Disc Studio and ABC Productions Pvt. Ltd.

Preamble:

So a preamble sets out the basic identification of the parties, the nature of the agreement, and the effective date. It ensures clarity on who is granting the licence and who is receiving it.

This Music Licence Agreement (“Agreement”) is entered into on this ___ day of ________, 2025 (“Effective Date”), by and between:

The 78 Disc Studio, a sole proprietorship/partnership/LLP/company incorporated under the laws of India, having its principal place of business at [Address], hereinafter referred to as the “Licensor”;

AND

ABC Productions Pvt. Ltd., a company incorporated under the Companies Act, 2013, having its registered office at [Address], hereinafter referred to as the “Licensee”.

The Licensor and Licensee are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

1. Definitions

You need to add definitions. These definitions ensure there is no ambiguity around what is being licensed, for what use, and in what context.

1.1 “Licensed Works” shall mean the following musical compositions and sound recordings owned or controlled by the Licensor:

• Track 1: “[Name of Instrumental Track A]”
• Track 2: “[Name of Instrumental Track B]”
• Track 3: “[Name of Vocal Track]”

1.2 “Film” shall mean the audio-visual work currently titled “Monsoon Memories”, including all versions, remakes, dubbed versions, and edited versions thereof.

1.3 “Permitted Use” shall mean the synchronisation of the Licensed Works within the Film and its related promotional material, including theatrical trailers, digital teasers, and social media snippets.

2. Grant of license

The next section deals with the grant of a license. You need to make sure that this clause grants the core rights: the synchronisation licence (sync licence) with clear boundaries. It is perpetual but non-exclusive, allowing the Licensor to license the same music to others. 

2.1 Subject to the terms of this Agreement, the Licensor hereby grants the Licensee a limited, non-exclusive, non-transferable, and irrevocable licence to: (a) synchronise the Licensed Works with the Film; (b) reproduce and communicate the synchronised version as part of the Film and its authorised promotional material.

2.2 The licence granted herein is worldwide and valid in perpetuity for the purpose of exhibiting, distributing, or broadcasting the Film through theatrical release, OTT platforms, television, film festivals, or any lawful distribution channel.

3. Restrictions 

Specify what the restrictions are. This protects the artistic integrity and commercial interests of the Licensor. If ABC wants to sell the tracks as an album, they must get a separate deal.

3.1 The Licensee shall not: (a) use the Licensed Works independently from the Film; (b) create derivative works from the Licensed Works unless embedded in the Film; (c) use the Licensed Works for commercial audio release (e.g., soundtrack album) without a separate written agreement.

3.2 The Licensee shall ensure that the Licensed Works are not altered, modified, or adapted in any way that distorts the original character without the prior written consent of the Licensor.

4. License fee

A fee is a must in any agreement. This clause deals with payment terms. A one-time fee is common for sync licences, but this can be modified to include royalties if needed.. It is important to specify: the total licence fee, whether payments will be made as a lump sum or in installments, payment due dates, and any royalty or residual payments to be made if applicable.

4.1 In consideration for the rights granted under this Agreement, the Licensee agrees to pay the Licensor a one-time, non-refundable license fee of INR ____ (Amount in figures and words).

4.2 Payment shall be made within fifteen (15) days of execution of this Agreement, subject to receipt of an invoice from the Licensor.

4.3 All applicable taxes, including GST, shall be borne by the Licensee.

5. Credit

Crediting the music source is essential, especially for independent creators or smaller studios relying on visibility. It is customary to include provisions related to the crediting of the music in the Film. This should specify:

• How the composer/performer will be credited.
• Whether credits will appear in the opening titles, end credits, or both.
• The specific wording of the credits.

5.1 The Licensee shall accord credit to the Licensor as follows in the Film’s end credits and promotional materials: ‘Music licensed from The 78 Disc Studio.’ Additionally, the Licensee shall credit the composer, lyricist, and performers as specified by the Licensor as contractually agreed.

5.2 Any omission or incorrect usage of credit shall be rectified in future materials upon notice from the Licensor.

6. Warranties and representations 

Warranties and representations protect both sides from future disputes around ownership and misuse. It also ensures that the Licensor has the legal right to grant the licence and that there are no existing claims or disputes over the music. It typically includes:

• Warranty of ownership: The Licensor warrants that they own the music and have the right to grant the licence.
• Indemnity clause: The Licensor should indemnify the Licensee against any claims arising from a breach of these warranties.

6.1 The Licensor represents and warrants that: (a) it is the lawful owner of the Licensed Works or has the authority to grant the rights herein; (b) the use of the Licensed Works as permitted under this Agreement shall not infringe upon any third-party rights.

6.2 The Licensee represents and warrants that: (a) It shall use the Licensed Works strictly in accordance with the terms herein; (b) it shall not assign or sublicense the rights granted herein to any third party.

7. Restrictions of use

This section outlines any restrictions or limitations on how the music can be used. These can include:

• Media Restrictions: Restrictions on using the music in certain forms of media (e.g., the Song can only be used in the Film and not in TV commercials or promotional events).
• Content Restrictions: Prohibiting the use of the Song in certain contexts (e.g., political campaigns, advertisements for alcohol or tobacco, etc.).

7.1. The Licensee shall not use the Song in connection with any content that promotes illegal activities, hate speech, or any commercial product or service without the prior written consent of the Licensor.”

8. Indemnity

Indemnity provides mutual protection. If either party breaches the agreement, they take responsibility for the resulting harm.

8.1 Each Party agrees to indemnify, defend, and hold harmless the other Party from and against any claims, liabilities, losses, and expenses arising out of breach of its representations or obligations under this Agreement.

9. Termination 

Even if the agreement is terminated for breach, the Film already made can still exist, this protects investments already made. This clause specifies the conditions under which the agreement may be terminated, including breach of contract or failure to pay. It should also outline what happens upon termination, such as the removal of the music from any future releases.

9.1 This Agreement may be terminated by: (a) mutual written agreement of the Parties; (b) material breach by either Party, uncured within thirty (30) days of written notice; or (c) insolvency or bankruptcy of either Party.

9.2 Upon termination, the Licensee shall cease all unauthorised use of the Licensed Works. Existing copies of the Film incorporating the Licensed Works may continue to be distributed only if the breach is unrelated to payment or rights clearance, subject to the Licensor’s written approval.

10. Governing law and jurisdiction 

Make sure to add your governing law and jurisdiction so that there will be not issues regarding the same in the future. 

10.1 This Agreement shall be governed by and construed in accordance with the laws of India.

10.2 The courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement.

11. Miscellaneous 

Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof.

Amendment: No modification shall be valid unless made in writing and signed by both Parties.

Severability: If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written.

Licensor Signature: _____________________

Licensee Signature: _____________________

Conclusion

Clearing music rights for use in a film or TV show may seem like a daunting process, but it is a critical one for protecting both your creative work and the rights of those who contribute to the music you use. As demonstrated by examples like Stranger Things and Bohemian Rhapsody, even iconic songs require careful negotiation and clearance before they can be used in audiovisual productions.

While it can be tempting to cut corners or rely on assumptions about what is allowed, securing the necessary rights is the only legal path to ensuring your film or TV show is free from copyright disputes. The creative and legal peace of mind you gain from clearing music rights will help your project reach audiences without risking litigation.

FAQs

1. What are the different types of music rights I need to clear for film or TV use?

You typically need to clear two sets of rights. The synchronisation rights, which are for the composition, and the master rights are for sound recording. Each may be held by different entities. 

2. Can I use a cover version of a song instead of the original recording? 

Yes, you can. But you still need to clear the synchronisation rights from the music publisher. You do not need to clear master rights if you are not using the original recording. 

3. How long does it take to clear music rights?

This varies. It can take anywhere from a few days to several weeks, depending on the responsiveness of rights holders and the complexity of negotiations. 

4. Do I need to clear music rights for film festival screenings?

Yes, even if your film is not commercially distributed, music rights still need to be cleared for public screenings, including festivals. 

5. What happens if I use music without clearing the rights?

Using unlicensed music can result in takedown notices, lawsuits, fines or being barred from film festivals or streaming platforms.