Music is often used in local TV production. We add music as background, intros, and news bumps. We use music in advertisements, PSAs, and promos. Our reporters cover events that include music. Whenever you include music in your content, remember —

1. Music is copyright protected and generally can’t be used without the permission of the owner. Music is rarely free.

2. Music rights of the songwriters and music publishers need to be cleared. There are two different songwriter rights relevant for local TV. If you use music in video production such as a segment, advertisement, or local news (i.e., synching music to video), you need to clear the synchronization (“synch”) rights. In order to broadcast content with music, you need to clear performance rights.

3. Music libraries are generally good sources for synch rights that can be licensed directly and affordably.

4. Performance rights are obtained from ASCAP, BMI, GMR and SESAC (PROs) or directly from songwriters/publishers. TVMLC has negotiated performance rights licenses with all PROs except GMR.

5. Be wary of “public domain” music. Certain older music might be available to use license-free but determining what is in the public domain can be complex.

6. Certain uses of copyrighted music are considered “fair use.” If a TV reporter is covering a public, newsworthy event, like a parade, you can often (but not always) use and air that story. Since there are no iron-clad rules here, reliance on the “fair use” doctrine instead of securing a license is not recommended without first seeking legal advice.

7. Music in broadcast content shown on digital multicast channels and streamed on station websites is covered by your TVMLC-negotiated licenses with the PROs.
   But, remember, synch rights still need to be cleared to use that music in local TV production.

8. Using popular music for news bumps, segment production or advertisements can be costly and add additional licensing requirements. While performance rights are covered by your PRO licenses, the synch rights can be expensive. Also, if you have a PRO per program license, the use of popular music could increase your license fees.

9. Using music in a live broadcast that will not be streamed or recorded for later viewing typically does not require synch rights; and the station already has the PRO-licensed performance rights. However, if the program is recorded for later viewing, you likely also need synch licenses — generally available from music publishers or music libraries — but often at a substantial cost for popular music.

10. Music licensing is complicated. TVMLC is a resource for questions about music licensing; and before relying on this list for specific matters, consult legal counsel.