When a Business Uses Music: When are Music Licenses Needed and What Legal Issues Should be Considered?

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, June 5, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide business attorneys on determining when their clients need music licenses for the use of music by any of their clients. The panel will discuss how any business may need to obtain licenses when they use music in events (including virtual events), commercials, websites, podcasts, and advertising. The discussion will identify when licenses are needed, where to obtain licenses for different uses, critical terms, royalty rates, and fees. Also, the panel will look at current areas of controversy and recent court decisions.
Faculty
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Mr. Osterberg represents copyright, trademark, and patent owners and users in traditional and emerging industries. His clients include software and video game companies; music, motion picture, and television companies; book publishers; composers and authors; advertising agencies; and clothing designers. Mr. Osterberg’s transactional experience includes negotiating and drafting trademark and copyright licenses; software licenses, including for SaaS; and vendor agreements, particularly with respect to software development. His practice includes preparation of trademark and copyright applications, trademark prosecution, opposition and cancellation in the USPTO, IP clearance and due diligence, evaluating IP, product liability, and advertising risks with respect to the launch of new products, and website terms of use and privacy policies. An experienced trial lawyer, Mr. Osterberg litigates cases in courts across the country on issues of concern to IP owners and users, including cases concerning trademark and trade dress infringement; international and domestic copyright infringement; patent and design patent infringement; trade secret disputes; breaches of licensing and entertainment industry contracts; counterfeiting; and false advertising. His commercial litigation experience includes representing businesses in contract disputes and representing vendors and purchasers in cases involving failed computer systems.
Description
Every day, music is used in myriad ways, such as commercial advertising, movies, podcasts, video games, and physical venues such as restaurants, bars, and nightclubs. In each instance, those who use music have the legal obligation to seek and secure permission from the owners of the music or their legal representatives.
Performing rights organizations such as ASCAP and BMI offer licenses entitling users to perform or play music publicly. But some uses of music require different or other kinds of consent, such as "sync" licenses for the use of songs in audiovisual works and "master use" licenses for the right to use original recordings. Failure to secure the correct permissions for music could come at a high cost. Counsel must understand how licensing works in various current and evolving music formats, such as YouTube, VOD services, podcasts, virtual meetings, and many more.
Listen as our authoritative panel examines licensing strategies and negotiations in the world of music licensing. The panel will explore how licenses are structured, royalty rates, and the impact of digital music use, including podcasting and streaming. The panel will discuss recent court decisions and the lessons from those decisions.
Outline
- Basics of music copyrights
- What music uses need a license?
- Where do you go to get a license?
- Licensing negotiations and structuring contracts
- Royalty rates
- Impact of digital music uses, including streaming and podcasting
- Recent court decisions and lessons from those decisions
Benefits
The panel will review these and other high priority issues:
- What terms are critical to music licensing agreements?
- How has digital music use increased the complexity of music licensing?
- What are best practices for counsel for licensors and licensees when negotiating music licenses?
- What strategies should IP counsel employ to enforce IP rights in the music?
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