How to Obtain Permission to Use Copyrighted Music for Commercial Purposes
Using Copyrighted Music
If you plan to record, distribute, or synchronize someone else’s song, you must obtain the appropriate permissions. Use the steps below to locate the copyright holder and request the licenses required to legally use a song.
Step 1: Gather the song information
Determine as much as possible the exact song title, songwriter, publisher, and performing rights organization (PRO) for each song. Album credits often include some (or all) of this information.
Tip: Collect this information before you call BMI/ASCAP/SESAC so they can point you to the correct publisher faster.
Step 2: Contact the PRO to locate the publisher
Contact the appropriate PRO to obtain the name, address, and phone number of the publisher who controls the copyright.
- ASCAP
Index Clearance Section
1 Lincoln Plaza, New York, NY 10023 - BMI
Research and Information Department
7 World Trade Center, 250 Greenwich Street, New York, NY 10007-0030 - SESAC
SESAC
152 West 57th Street, 57th Floor, New York, NY 10019
Step 3: Contact the publisher for permission
Contact the publisher to obtain permission. Get the name of the person you speak with and tell them you are seeking a license for a song they control (for example, a mechanical license).
Follow up in writing and make sure you receive written permission before proceeding.
Step 4: If using an existing recording, contact the label
In addition to publisher permission, you may also need permission from the record label (and occasionally the artist) if you are using a commercially released recording.
The Texas Music Office maintains reference materials for label and management contacts. Contact us for additional information.
Licenses you may need
- Mechanical license: required when recording songs for commercial release.
- Synchronization license: required when using a song in film, television, or advertising.
Harry Fox Agency can issue mechanical licenses for many publishers.
- Harry Fox Agency
711 Third Avenue, 8th Floor, New York, NY 10017
(212) 834-0100 - National Music Publishers Association
101 Constitution Avenue NW, Suite 705 East, Washington, DC 20001
(202) 742-4375
Harry Fox also offers limited-quantity licensing through Songfile (for certain uses and quantities).
More resources
- ASCAP: Music, Money, Success and the Movies
- ASCAP: Checklist for Using Music in Film or other Audio-Video Content
- BMI: 10 Things You Need to Know About Placing Music on TV and in Films
Some Texas businesses can obtain mechanical and synchronization licenses on your behalf. Contact the Texas Music Office for referrals.
Disclaimer
This information is provided for general educational purposes only and should not substitute for professional legal advice. If in doubt, consult an attorney experienced in entertainment law. For a list of Texas attorneys with experience in entertainment law, please contact the Texas Music Office.