FAQs
Yes. If you use existing music in a game, you need permission from the relevant rights holders. Even if you commission original music, the contract needs to make clear what rights you have, how the music can be used, where it can be used, and whether those rights extend to future platforms, updates, downloadable content, trailers, streams and re-releases.
Do I Need Permission to Use Music in a Game?
In most cases, both the publishing rights and master rights need to be cleared.
The publishing rights relate to the underlying composition: the song, melody, lyrics or written musical work. The master rights relate to the specific recording of that work. Clearing one side does not usually clear the other.
There may also be restrictions around territory, term, platform, marketing use, soundtrack release, streaming, trailers, downloadable content and future versions of the game.
What Rights Need To Be Cleared?
Can Commissioned Music Still Create Copyright Problems?
Commissioned music can still cause complications in the process depending on the rights cleared in the contract with the musicians and composers. A great deal of the time, this can relate to residual royalties and usage allowed.
Streamer-safe means that the music rights have been checked and structured to reduce the risk of claims, muting or takedowns when players stream or upload gameplay.
This usually involves looking at the music contracts, the recordings, the publishing rights, the platforms involved, the way the music is registered, and whether the soundtrack can safely appear in gameplay videos, livestreams and monetised content.
It is not just a marketing label. It depends on the underlying rights position.
What Does “Streamer Safe” Actually Mean?
Can Music Licences Expire?
The short answer to this is Yes. Licences can expire. Take the dead musician, that in the 1990s, was rumoured to have written the soundtrack for a game starring a fast moving, nocturnal animal, that may or may not have been blue. The rights were cleared for the initial cartridge release, but not for unseen future rereleases. The same goes for the samples that De La Soul used, these were cleared for the release at the time, but the music industry of the 1980s, rightfully, couldn’t predict the advent and rise of the digital era.
Can Cover Versions Be Used in Games?
Covers absolutely can be used in games, and the advertising industry has already shown this can be effective in both financial cost and the effectiveness of the music. In these cases, you are commissioning a new recording of an existing work. In the first instance, you need to clear the publishing side. Depending on how many writers were involved in the original writing, there might be a few. There is a Beyonce track that has 18 writers, all with their own share, all with their own publishers to deal with. On top of this, you will need to commission a new cover version, fund it, and cover arrangement, recording and session musician costs.
What’s the Difference Between Publishing and Master Rights?
Yes. Rights clearance matters whether you are a solo developer, indie studio, publisher, or larger company.
The scale of the project may affect the complexity and cost, but the underlying issue is the same: if music appears in the game, trailer, soundtrack, stream or marketing campaign, the relevant rights need to be understood and properly cleared.
Do Indie Developers Really Need This?
Can Cover Versions Be Used in Games?
Yes. Commissioning music does not automatically mean you own every right you need.
The position depends on the contract with the composer, musicians, producer or any other contributors. Issues can arise around ownership, usage rights, royalty participation, soundtrack releases, future ports, downloadable content, marketing materials, trailers, live streams and re-releases.
A clear agreement at the start can prevent much larger problems later.
Can Commissioned Music Still Create Copyright Problems?
Uncleared or incorrectly cleared music can lead to takedowns, muted streams, blocked trailers, platform issues, soundtrack release problems, lost revenue, legal claims and delays to release.
It can also create problems later if the game is ported, re-released, included in a subscription service, bundled, localised, remastered or used in promotional campaigns.
What Happens If Rights Aren’t Cleared?
Yes. Music licences can expire, and this can create problems long after a game is first released.
Older games, in particular, can run into issues where music was cleared for an original release but not for later digital versions, remasters, ports, compilations, subscription services or new platforms. Similar problems have affected albums where samples were cleared for one format or era, but not for later digital exploitation.
The safest approach is to think about future uses at the point the licence is negotiated.
Can Music Licences Expire?
It depends on the track, the rights holders and the intended use.
A song may involve one master owner, several songwriters, multiple publishers, collection societies, managers, estates or other representatives. Each party may have its own process, priorities and approval timescale.
Well-known songs, complex ownership splits, samples, multiple writers, advertising uses, trailers and prominent in-game use can all increase the time required.
How Much Does Music Clearance Usually Cost?
What Royalties Can Music in Games Generate?
Can You Help With Soundtrack Releases?
Publishing rights cover the underlying musical work. In simple terms, this is the composition itself.
Master rights cover the actual recording. For example, if you want to use a particular commercial recording in your game, you will usually need to deal with both the owner of the composition and the owner of that recording.
Yes. Cover versions can be a useful way to include a recognisable song without using the original recording.
However, a cover version still requires clearance of the publishing rights in the underlying composition. You would also need to commission and pay for the new recording, including any arrangement, production, performer and session musician costs.
A cover avoids the need to license the original master recording, but it does not avoid the need to clear the song itself.
Ideally, as soon as you start thinking about music.
Early involvement allows us to help with composer agreements, rights planning, clearance strategy, soundtrack considerations, streamer-safe usage and future exploitation. That said, development rarely follows a perfect timeline. We can also help later in the process, including during production, before release, or when preparing final delivery to distributors and platforms.
Costs vary widely.
The price depends on the popularity of the song, the rights holders involved, how the music is used, the platforms, the territory, the length of the licence, whether the use is in-game or promotional, and whether soundtrack or streaming rights are included.
Clearance fees can range from relatively modest sums to very substantial amounts. In many cases, fees are discussed on a per-side basis, meaning separate consideration is given to the master rights and the publishing rights.
Commissioned and properly registered music can potentially generate income beyond the initial fee, depending on how the rights are structured.
This may include soundtrack income, streaming royalties from services such as Spotify, Apple Music and Tidal, neighbouring rights income for qualifying recordings and performers, and other revenue linked to how the music is released and administered.
If you license existing commercial music, those royalties will usually remain with the original rights holders rather than the game developer.
Can You Help With Composer Agreements?
Yes. We can help review, structure and explain composer agreements so that the rights position is clear from the start. This can include ownership, usage rights, soundtrack releases, royalties, credits, delivery requirements, moral rights, future ports, DLC, trailers and streamer-safe use.
Can You Help With Trailers and Marketing?
Yes. We can help with retrospective rights checks, missing agreements, soundtrack registration, clearance issues and post-release licensing questions.
However, post-release work can be more complicated because the game may already have been distributed, streamed, marketed or monetised. It is usually easier and cleaner to deal with music rights before release, but it is not always too late to improve the position.
Yes. Music used in trailers, adverts, online campaigns, store pages and press materials may need different permissions from music used only inside the game. We can help check whether the rights cover those uses and, where needed, help source or clear appropriate music.
Yes. We can help with the rights and administration around soundtrack releases, including ownership, distribution, registrations, metadata, royalty routing and neighbouring rights considerations.
Can You Work With Developers Outside the UK?
Is This Legal Advice?
Yes. Music rights are international, and games are usually distributed internationally. We can work with developers, publishers, composers and rights holders outside the UK, subject to the scope of the project and the territories involved.
No. Wasted State is not a law firm and does not provide legal advice. Our work focuses on music rights, licensing, royalties, administration and practical rights management. Where a matter requires formal legal advice, we work alongside your solicitor or recommend that you seek specialist legal support.