Music in Advertising Films: Popular Songs Are Not Legally Safe

We, UNEM Filmproduktion, have been producing advertising films for companies from the region and throughout Germany for more than 20 years. One topic has always been of major importance when creating films: the question of music.
A chart hit as background music may sound like a great idea. But it is not. Using well-known songs in films or videos can quickly lead to costly legal warnings. For us as a film production company, this is nothing new. We have been working with music rights for more than 20 years and know exactly what matters. Unfortunately, many content creators on social media still do not. It becomes especially expensive when a company’s own social media manager causes major costs through careless music choices, with legal claims that can quickly reach four-digit sums.

This refers to trending songs, chart hits, and popular music tracks — exactly the songs currently dominating the charts or appearing everywhere on social media. Artists such as Taylor Swift, Eminem, or Coldplay represent this category. Their music is globally known, globally popular, and globally protected by copyright law.

Copyright automatically protects musical works from the moment they are created. This means that anyone wishing to use music from other artists requires the appropriate usage rights and permission — whether for an advertising film, a company website, or a social media video. Popular songs are therefore not legally safe to use without proper licensing. This also applies to remixes and cover versions, since these can also be protected by copyright law.

One of our colleagues experienced firsthand how expensive this can become. He is a film director and wanted to license a famous piece of music for his first cinema film, a song everybody knows and that would have perfectly matched the scene and the era. The reply from the rights holders left him speechless: the licensing fee was in the five-figure range. For the budget of his film, that was simply impossible. In the end, he had to find another solution.
This story is not unique. Usage rights for famous music tracks [2] cost money, significantly more than most people expect. For companies commissioning an advertising film, this is usually not a realistic or predictable option.

Many companies, business owners, and freelancers ask: Why can’t I simply use the sound libraries from Meta or TikTok? The answer lies in the platforms’ terms of use. TikTok clearly distinguishes between private and commercial use. Companies and business accounts are required to use music from the Commercial Music Library (CML). The standard sound library available to private users is not licensed for commercial purposes. Meta, meaning Facebook and Instagram, also restricts music usage to personal, non-commercial purposes. And even then, legal certainty is not guaranteed in every case. As a general rule, the use of popular “trending sounds” is usually not permitted for commercial purposes and may lead to legal claims. Companies that want to stay on the safe side should not rely on the platforms’ music libraries [3].

Custom-composed music sounds like the perfect solution — tailor-made for the film itself. Unfortunately, this is not an inexpensive option either. Our colleague learned this during the production of his cinema film. For advertising films on social media, websites, or presentations, the budget is often insufficient because a professional composer creates additional costs and music production takes time.

And even then, another challenge remains: GEMA. Individually composed music can also require GEMA licensing if the composer is a GEMA member. This means additional administrative work for every advertising film: registrations, reporting, billing, deadlines. It can become a real organizational risk. In the stress of everyday business operations, this step can easily be forgotten, with unpleasant consequences. Companies that want maximum legal security therefore either work with composers who are not GEMA members or use ready-made royalty-free music.

GEMA is the German Society for Musical Performing and Mechanical Reproduction Rights. It represents the interests of composers, lyricists, and music publishers in Germany. One important fact: even if you purchase a license for a music track, additional GEMA fees may still apply.
GEMA itself explains it this way: Nearly all musical works are protected by copyright law. This law states that only the creator has the right to decide who may use their music and under what conditions. As a collecting society, GEMA ensures that creators are compensated when their songs are publicly used, for example on Instagram or in publicly accessible videos.
For companies, this means: even a paid license does not automatically exempt you from GEMA fees. Both aspects must be considered separately [4].

There is a legally safe and affordable alternative: so-called royalty-free music platforms. These services provide music that can be used without limitation through either a one-time licensing fee or a subscription — without hidden follow-up costs, without GEMA reporting obligations, and without the risk of legal warnings.

For years, we have successfully worked with platforms such as:

• Artlist - large selection, clear licensing models, ideal for film and video

• Musicbed - high-quality sound, especially suitable for emotional advertising films

• Audioagency - another solid option for professional productions with transparent licensing

These platforms are specifically designed for the needs of companies and film productions. The license conditions are transparent, the music selection is extensive, and they provide full legal security.

Music is a powerful tool in advertising films, but only when it is used legally and safely. Famous chart hits may sound tempting, but the legal and financial risks are real and significant. Individually composed music may also sound attractive, but it is expensive and involves additional administrative work. Our recommendation after more than 20 years of experience: use royalty-free music from professional platforms. It sounds good, is cost-effective, and avoids legal problems.
 

UNEM-Filmproduktion
Michael Großmann & Helmut Schnock GbR
Lohweg 2
25524 Itzehoe
04821-8881130
m.grossmann@unem.de

[1] Source: TikTok Sophie Hobelsberger
www.tiktok.com/@sophiehobelsberger/video/7220826486511504645

[2] Source: Movie-College (Allary-Film, TV & Media)
www.movie-college.de/filmschule/produktion/rechte/musikrechte

[3] Source: WBS Legal
www.youtube.com/watch

[4] Source: GEMA
www.gema.de