Can I use a popular song in my ad? Music rights for commercials, explained
Why a hit song in a local ad needs more than one license, what ASCAP, BMI and SESAC do and don't cover, what "royalty-free" actually means, and how to choose music for a spot without legal risk.
SpotFacil team · October 24, 2026 · 8 min read
A client wants their summer sale spot to open with a song everyone knows. It would sound great. It would also, in almost every case, be a copyright problem, and a costly one if the rights holder notices.
Here's how music rights work for advertising in the US, what the common myths get wrong, and how to pick music that's safe to use.
This article is general information, not legal advice. For specific deals, talk to an entertainment or IP lawyer.
Two copyrights in every recording
Every recorded song carries two separate copyrights:
| Copyright | What it protects | Who usually owns it |
|---|---|---|
| Composition | The melody and lyrics | Songwriters and their music publishers |
| Sound recording (master) | That specific recorded performance | The artist's record label, or the artist |
To use a recording in an ad, you normally need permission for both.
The licenses an ad needs
Sync license (composition)
A synchronization license lets you pair the composition with visuals or put it in a production like a commercial. You get it from the music publisher. Even for audio-only spots, the publisher's permission is what you need to use the song in your ad.
Master use license (recording)
A master use license lets you use the specific recording. You get it from whoever owns the master, usually the label.
If you re-record the song with your own musicians, you skip the master license but still need the publisher's permission, and publishers can say no to advertising uses or charge a lot for them.
Public performance
When the ad airs on the radio or TV, the composition is performed publicly. In the US, performing rights organizations, or PROs, handle this: ASCAP, BMI and SESAC are the main ones, along with GMR. Radio and TV stations typically hold blanket licenses from them.
This is where people get confused. A station's PRO license covers playing music on air. It does not give an advertiser the right to put a song in a commercial. That still needs the sync and master licenses.
The myths
"It's only a few seconds." There's no number of seconds that makes a song free to use. Short clips of famous hooks are exactly what rights holders recognize and protect.
"It's fair use." Fair use is a defense decided case by case, and commercial use weighs against it. An ad using a song to sell something is about as far from a typical fair use case as it gets.
"I bought the song, so I can use it." Buying a track or a streaming subscription gives you a license to listen to it personally. It doesn't include advertising.
"We'll credit the artist." Credit isn't permission.
"It's a local ad, nobody will notice." Radio stations, social platforms and rights holders run audio fingerprinting. On YouTube, Facebook and Instagram, automated systems can mute, block or claim a video within minutes of posting. And it only takes one person in the right office hearing it.
"We'll have someone sing it differently." Changing the lyrics or performance doesn't remove the need for the composition rights. Sound-alikes that imitate a famous singer's voice can also create separate legal problems: courts have sided with performers whose voices were imitated in commercials.
What about public domain music?
Compositions enter the public domain after their copyright expires. In the US, that's generally works published nearly a century ago or earlier. Classical pieces and old folk songs are often in the public domain as compositions.
The catch is that a recording of a public domain song can still be protected. A 2015 orchestra recording of a Beethoven symphony has its own copyright. To use public domain music safely, you either need a recording that's also in the public domain, or a recording made for licensing, or your own recording.
Royalty-free and production music
For almost every local ad, the practical answer is production music: tracks made specifically to be licensed for commercial use.
Royalty-free doesn't mean free. It means you pay once (or as part of a subscription) and use the track under the license terms without paying per play. What's covered depends on the license:
| Check | Why it matters |
|---|---|
| Commercial and advertising use | Some licenses cover only personal or editorial use |
| Broadcast (radio, TV) | Some licenses exclude broadcast or require a higher tier |
| Platforms | Social, streaming, in-store, sound truck |
| Territory and duration | Most are worldwide and perpetual, but not all |
| Content ID | Whether the track is registered, and how to clear claims |
| Number of projects or clients | Matters for agencies producing for several businesses |
Creative Commons music can work, but read the specific license. Many CC licenses forbid commercial use (NC) or require attribution in a way that's awkward in a radio spot.
Keep a record of every license, including the track name, the source and the date. If a claim comes in a year later, that record settles it in minutes.
Music inside the store versus in the ad
These are different situations.
- Background music played in your store is a public performance. Businesses usually need PRO licenses or a background music service that includes them, though there are exemptions for some small spaces with simple equipment. Check with the PROs or a commercial music service.
- Music inside an ad or announcement is a production use. You need music licensed for advertising.
An agency or producer making in-store announcements for a client needs to handle the second. The store handles the first.
Sound effects and voices
Sound effects come with licenses too. A door chime or crowd sound from a random website can carry the same problems as music. Use libraries that license effects for commercial use.
For voices, if you use a voice actor, make sure the agreement covers the uses you plan (radio, social, in-store, how long). If you use AI voices, check the provider's terms for commercial use.
How SpotFacil handles music
The music in SpotFacil's library is licensed, royalty-free music for the spots you produce on the platform. The system suggests tracks based on the mood of your script, and you can also upload your own music if you have the rights to it. As with any library, read the license terms for the destinations you plan to use.
For agencies producing for several clients, that removes a step: no hunting for tracks or checking license tiers for every job.
A quick decision guide
| The client wants | What to do |
|---|---|
| A famous song | Contact the publisher and label, expect a high fee and a long wait, or suggest an alternative |
| "Something that sounds like" a famous song | Avoid close imitations. Brief a mood instead: "upbeat summer pop, no lyrics" |
| A jingle of their own | Hire a composer and get the rights in writing, including the master |
| Background music for a spot | Licensed production music from a library that covers advertising |
| Classical music | Public domain composition plus a licensed or public domain recording |
Frequently asked questions
Can I use 10 seconds of a popular song in an ad?
Generally no, not without a license. There's no length that makes copyrighted music free to use in an ad, and short, recognizable hooks are exactly what rights holders protect.
Does the radio station's ASCAP or BMI license cover my ad's music?
No. The station's licenses cover public performance of music on air. Putting a song inside a commercial requires sync and master licenses from the publisher and label.
What does royalty-free music mean?
It means you pay once or by subscription and don't pay per play. It doesn't mean free, and each license sets what's allowed. Check that it covers advertising and broadcast if you need them.
Can I use music from YouTube in my ad?
Only if the specific track's license allows commercial use in ads. YouTube's own audio library has tracks with different terms, and most music on YouTube is not licensed for your ad.