Unintentional infringement

Companies are posting short videos with popular music en masse. This has led to an increase in claims and enforcement. In the Netherlands, you must arrange music rights in advance for promotional videos. Failure to do so constitutes infringement. There is no American “fair use” exception in the Netherlands. So don’t assume there are any grey areas. In addition, licensing well-known music is expensive and even more so internationally. Clearing rights is often complex.

Why this is an issue now

In the US and increasingly in Europe, companies are being held accountable for the unlawful use of music on websites and social media. Specialised agencies and tools actively track down infringements. Settlements are common and can be costly.

What does this mean for you legally?

You need permission/a licence before publication as soon as you use music or fragments (including sports images) for business/marketing purposes. Clear both the composition rights (authors) and the master rights (recording). Without both, you are at risk. In the Netherlands, there is no automatic exemption for news/education/commentary.

Costs and risks in practice

In the Netherlands, a licence for a well-known track in a commercial can cost tens of thousands of pounds. International use is much more expensive. Clearing rights is complex: a single hit can involve many rights holders. One “no” can block or delay your campaign.

Claims are more often settled out of court, but the preparation costs (inventory, advice, negotiations) and the settlement amount are substantial.

What you need to arrange (step-by-step plan)

1. Inventory the use

Which music/fragments? In which videos/channels (website, socials, paid ads)? Which countries and for how long?

• Choose music with manageable rights

Consider library/stock music with clear commercial licences or your own production to reduce costs and risks.

• Arrange the correct licences in advance

Clear composition and master. Record in writing: title/version, intended use (campaign/format), duration, territory, media/channels (organic/paid), exclusivity, and permitted edits. Also minimise complexity: limit the number of rights holders where possible (less risk of a blockage).

• Secure the rights chain and evidence

Request licence statements and store them centrally (with contracts, invoices, emails). Ensure that marketing and legal departments have access to them.

• Make agreements with agencies and creators

Record purchasing conditions: who arranges which rights, what is “deliverable”, indemnities, and what happens in the event of claims?

• Set up an internal “pre-flight”

A fixed check before publication: are all licences in place? Appoint a person responsible (rights check) and work with a short checklist.

• Budget realistically

Reserve budget for music licences (higher for international campaigns). Allow time for clearing.

If things do go wrong (act quickly)

• Remove or replace the audio/video immediately to limit damage.
• Take stock of actual usage: periods, channels, countries, paid/organic reach.
• Proactively approach rights holders; be prepared to reach a reasonable settlement. Engage an IP solicitor where necessary.
• Carefully record agreements and payments and update your internal working methods to prevent recurrence.

Short checklist (save with your team)

• For each video: composition and master rights arranged and recorded in writing
• Term, territory, media/channels and edits clearly stated in the licence
• Proof of rights stored centrally and accessible
• Agency/creator contracts with clear division of tasks and indemnities
• Pre-flight check by designated responsible person
• Alternative available (stock/own music) if clearing stalls
• Contingency plan (removal, inventory, contact, settlement)

Finally

Ensure that rights are correct in advance, choose music that is easier to clear if possible, and act quickly and constructively if something goes wrong. With a clear workflow and agreements, you can avoid stalled campaigns, claims and additional costs. Use an IP lawyer.

Questions?

Do you have any questions about this article? Please contact one of our solicitors by email, telephone or fill in the contact form for a no-obligation initial consultation. We are happy to assist you.