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Use of music by political parties and companies

A music license (for example via Buma/Stemra) does not automatically cover every use. Political parties and companies that use music may still come into conflict with the artist — due to neighboring rights, personality rights, or an unwanted association. Ask at...

Published on March 14, 2022 by MKBjuristen.nl
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A music license (for example via Buma/Stemra) does not automatically cover every use. Political parties and companies that use music may still come into conflict with the artist—due to neighboring rights, personality rights, or an unwanted association. Therefore, request separate permission for sensitive use.

A general license does not cover everything

Much public music use is regulated via collective licenses (such as Buma/Stemra for copyright and Sena for neighboring rights). These cover regular use, but not necessarily every specific or sensitive use — such as linking a song to a political campaign or a commercial message.

Neighboring rights and synchronization

In addition to the copyrights of the composer and lyricist, the neighboring rights of performing artists and producers also apply. Linking music to images (synchronization, such as in a commercial or campaign video) usually requires separate permission, which is not covered by the standard license.

Personality rights and association

An artist also has moral (personal) rights and can object to use that damages their reputation or falsely creates the impression that they support a party or brand. That is why well-known politicians sometimes had to stop playing their favorite songs: the artist did not want to be associated with them.

This is how you prevent problems

If you plan to use music in campaigns, advertising, or events, check whether your license covers this specific use and request separate permission from the rights holders for sensitive or associative use. This will prevent you from having to stop a song in the middle of a campaign.

Frequently Asked Questions

Am I allowed to use any song anywhere with a Buma/Sena license?

Not automatically. Collective licenses cover regular use, but not necessarily synchronization or sensitive, associative use.

Can an artist stop my use?

Yes, through neighboring or personality rights, an artist can object to a use that harms him or falsely suggests support.

What do I need to arrange for music in a campaign or advertisement?

Check if your license covers this and request separate permission from the rights holders for synchronization and sensitive use.

Manage music rights properly?

Our legal experts handle licenses and synchronization rights. View our copyrightteam, have a license agreement drafted, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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