If there’s interest to include your song, or the recording of your song, in a film, TV series, advertisement, video game, or another similar form of media, there’s a lot to keep in mind, much of which can be considered well in advance of getting interest.
Ultimately, nowadays, licensees want a “one-stop-shop” where all interests in both the composition and the recording of the composition, if any, will be cleared by one party. Regardless, with the exception of compositions or recordings in the public domain, as applicable, the licensee needs to clear any and all rights that are being used.
A Copyright Primer
It is important to remember that, when dealing with a recording, you are dealing with two separate copyrights: (a) the copyright in the melody and lyrics if any (the “Song” or the “Composition”); and, (b) the copyright in the recording of the Song (the “Recording”).
Consequently, if a Recording is going to be used in what we call a “sync use” (putting a moving image to recorded music) then the licensee (e.g. the film company, or gaming company), needs to obtain the written consent to use both copyrights: (a) the copyright in recording (a “Recording”); and, (b) the copyright that in the composition (e.g. the melody and lyrics, if any) that is being performed on the recording (the “Composition”).
If the licensee is going to create its own recording, it just to license the Composition from the applicable copyright owner(s).
Join Our Community
Be the first to read new articles, industry news, and more. Sign up to our newsletter today!
Licensing of the Composition
No matter what, the third party licensee is going to have to license the Composition from each and every copyright owner of the Composition (e.g. the songwriters and publishers).
The first step is to ask yourself whether you are the only owner of the copyright in the Composition or whether you have the right to act on behalf of all or some of the songwriters and publishers:
- If you are the sole owner of the Composition and are self-published, you are free to move ahead;
- If you are the sole owner of the Composition and are signed to a third party publisher, in most cases (unless you have negotiated otherwise), in addition to your permission, the third party licensee will need the permission of your publisher as well; and,
- If there are other co-writers and/or publishers, the licensee will need the permission of each unless you have been authorised to act on behalf of all parties.
Considerations:
If you have a clear split sheet or other agreement amongst all co-writers and/or publishers, the rights holders from whom the licensee needs to clear rights should be clear to the licensee. If not, you need to ask yourself the following questions:
- Do you have a clear knowledge of the co-writers and/or publishers to whom you should direct the licensee;
- Are there any third party rights that need to be considered (e.g. is there a sample of a composition etc.)?; and,
- Are three any innocent contributions whose contributions rise to the level of being a co-writer?
Third party rights:
A licensee will want as much information as possible regarding co-writers and their publishers, if any. It is when there may be “unknown” third parties who have a copyright interest that the clearance of the Composition becomes more complicated.
If there is a third party copyright owner vis a vis another co-writer or publisher of the Composition, if there is a sample contained in the Composition, and/or another “innocent contributor” (e.g. a third party who contributed an idea to the Composition) is claiming a share in the copyright, the licensee will need to negotiate with said third party copyright owner.
A way to simplify the foregoing is to:
- Request that a split sheet is signed by each co-writer and “innocent contributor” at the end of each co-writing session so a licensee is clear about the rights that need to be cleared; and,
- Request the right to be able to clear synch uses on behalf of all copyright owners.
Licensing the Recording
In the event a licensee hasn’t created their own recording of the Composition, unless the Recording is in the public domain, the licensee will also need to clear the copyright in the Recording.
Much like with the Composition, if you are self-released, and there are no samples, you are the “label” or “master owner”, you have the exclusive right to clear the copyright in the Recording.
Otherwise, the synch licensee must clear the copyright with:
- any label who has a recording, licensing or distribution deal with you and to who you have granted the rights to clear third party licensing rights in the Recording; and/or,
- the label who owns the copyright in the sample recorded in the Recording.
Some Considerations Regarding Samples
Samples
As noted above, if you are using someone else’s composition or recording in your compositions and/or recording, apart from public domain related considerations, the synch licensee will require the right to use that composition and/or recording, as applicable.
Even if you have been granted permission to sample someone else’s music (e.g. you have “cleared” the sample), it does not mean that you have the right to grant third party synch licenses; so check your paperwork!
In some cases, musicians use websites such as Splice to obtain music to sample in their music. It’s key to ensure that you are properly reviewing the terms and conditions of companies that sell samples to ensure that you can do all that you want to do with the sample including, for the purposes at hand, the right to grant third party synch uses of the sampled recording and/or composition, as applicable, what percentage of the fee the sample owner(s) will be granted and, the proper credit for the sample. .
Other Third Party Rights:
Producers & Mixers
It’s important to ensure you (as an artist) have an agreement with your producer / mixer, clarifying the terms of your agreement, including that you (ideally) own the recording, and have a clear and reasonable process in place for decisions to be made about song placements, and the division of royalties and other revenue. Here’s a blog with more – Being A Musician is a Business: Producer Agreements
As such, there are many considerations to consider well before you are asked to include a song in a film. You will be a better person with an opportunity knocks if you consider the proactive steps referenced above.
Regarding the agreement with the company seeking rights from you, relevant considerations include fees, term, territory, use, credit, SOCAN royalties, terms such as most favoured nations, and more. Here’s a video with more information – What is a Music Synchronization License?
If you are being offered an opportunity to have one of your songs in a film, TV series, advertisement, video game, or another similar form of media, we can assist, both regarding your agreements with your creative collaborators and with the company seeking your rights to put your music in the film.
© 2025 Edwards Creative Law, LLP
Updated to July 23, 2025
Edwards Creative Law is Canada’s Entertainment Law Boutique™, providing legal services to Canadians, and international clients who partner with Canadians, in the Film & Television, Music, Video Games and Apps, Publishing and Literary industries.
For more information or to set up a minute Discovery Call with one of our entertainment lawyers please feel free to Contact Us.
* This blog is for general informational purposes only and is not to be construed as legal advice. Please contact Edwards Creative Law or another lawyer, if you wish to apply these concepts to your specific circumstances.
Check out our popular blog posts:
Neighbouring Rights in Canada – Being a Musician is a Business
Setting up a Music Publishing Company in Canada
Copyright Protection & Classical Music
Work Made for Hire Explained
10 Co-Production Considerations in Canada – Ask an Entertainment Lawyer
Film Profits & Points – Ask an Entertainment Lawyer
The “Just Trust Me” Legal Agreement
Learn more about our services:
Model and Talent Law
Film and Television Law
Music Law
Video Game and App Law
Publishing and Literary Law
Employment Law
Dispute Resolution and Litigation
Corporate Law
International Services
