Unlicensed music is one of the easiest ways for a festival-winning film to become hard to distribute. A festival selection committee may not audit every music right at submission. A streaming buyer, distributor, insurer, or sales agent will care about the chain of title, and a film with unclearable music can become difficult or impossible to acquire.
Clear music for festival use before you submit. Plan the wider clearance the moment you have distribution interest.
Two rights per song, always
Every commercial recording involves two separate copyrights:
- Sync right (the composition). Owned by the songwriter and their publisher. Permission to "synchronise" the composition with moving image.
- Master right (the recording). Owned by the record label (or the artist if independent). Permission to use the specific recording.
You need both, separately. A song with a clear sync but no master is not usable. A song with a clear master but no sync is not usable. Get both in writing.
Festival-Use Licence (the cheapest interim path)
Some publishers and labels offer a limited festival-use licence, which grants permission to use the song for non-commercial festival exhibition only. The cost can be a fraction of a full distribution licence, but the rights are limited:
- Festival screenings only, no commercial release
- Limited term, territory, and use, as written in the licence
- No streaming, VOD, theatrical, or broadcast rights
- Often includes an option to expand to full rights at a pre-agreed price
For a festival-only run, a properly drafted festival-use licence may be enough for that limited purpose. It is not enough for streaming, broadcast, theatrical release, or broad distribution unless the licence explicitly grants those rights.
The workflow
- During pre-production: identify any commercial music you want to use. Brief the editor to use placeholder or licensed-library music wherever possible.
- During the edit: if a specific commercial song becomes essential, start the clearance conversation immediately. Some songs are difficult, expensive, or impossible to clear for a particular use. Better to know early.
- Locked picture, before sound mix: get all festival-use licences in writing. Pay the fees. Get the documentation in a single folder.
- Before submitting to festivals: have a clearance log ready. One row per cue: song title, composer, publisher, label, licence type, fee paid, term, contact.
- When distribution interest arrives: upgrade festival-use licences to the sync and master rights required for the actual deal. The price depends on the song, artist, term, territory, media, and negotiating leverage.
What festivals do (and do not) check
Many festivals do not deeply audit music rights at submission. The clearance is still the filmmaker's problem. Some festivals require an attestation form on acceptance, asking you to confirm rights are cleared for the screening. Lying on the form creates legal exposure if rights are later challenged.
Festivals with broadcast, streaming, or online-screening partnerships may ask more questions because their partners require it. The safer assumption is to clear festival rights regardless.
Original score and public domain
- Original score: get a signed composer agreement that assigns sync and master rights to the production company. A two-page composer deal covers it.
- Recorded public domain music: the composition may be public domain (Beethoven, Bach, traditional folk), but a specific recording is almost never public domain. You need the master right to that specific recording.
- Stock music libraries: production music libraries can sell pre-cleared sync + master rights for one fee. Read the licence carefully; the covered media, term, territory, and festival use differ by library.
The needle-drop trap
A "needle drop" is using a commercial recording with no permission, hoping no one notices. It may get through a festival submission process, but it does not solve distribution. When a platform, sales agent, distributor, or insurer audits the film, the song can be flagged and either:
- You pay full-rate clearance retroactively, often from a weaker negotiating position
- The song is replaced in post-production, with all the work that entails
- The distribution deal is delayed by months, sometimes killed
The clearance log template
One spreadsheet, one row per cue. Columns:
- Timecode in / out
- Song title
- Composer / songwriter
- Publisher (sync right holder)
- Performer / artist
- Label (master right holder)
- Licence type (festival-use, full sync, original)
- Fee paid
- Term length
- Contact name and email at the publisher and label
- PDF of the signed licence (stored in a single folder)
This document is what a distributor's legal team will ask for during due diligence. Having it ready closes deals faster.
Frequently asked questions
Do I need to clear music for film festivals?
Yes. A festival selection committee may not audit every music right at submission, but the clearance is still the filmmaker's problem. Clear music for festival use before you submit, and plan wider clearance the moment you have distribution interest. Some festivals also require an attestation form on acceptance confirming rights are cleared for the screening.
What is the difference between sync rights and master rights?
Every commercial recording involves two separate copyrights. The sync right covers the composition, owned by the songwriter and their publisher, and grants permission to synchronise the composition with moving image. The master right covers the specific recording, owned by the record label or the independent artist. You need both, separately, in writing.
What is a festival-use licence and is it enough?
A festival-use licence is a limited licence some publishers and labels offer that grants permission to use a song for non-commercial festival exhibition only. It can cost a fraction of a full distribution licence, but it usually excludes streaming, VOD, theatrical, and broadcast rights and is limited in term and territory. It can be enough for a festival-only run, but not for broad distribution unless the licence explicitly grants those rights.
Can I use public domain music in my festival film?
The composition may be public domain, such as Beethoven, Bach, or traditional folk, but a specific recording is almost never public domain. You still need the master right to that specific recording. To avoid this, use an original score with a signed composer agreement, or a recording you have cleared.
RelatedTrack every clearance status in one place
Circkit keeps festival submissions, materials, notes, and deadlines together, so rights questions can sit beside the campaign decisions they affect.
