Music Licensing Lawyers Adelaide: Sync Licences, Master Use, Composer Agreements and Clearances

Music licensing, sync and composer agreements in South Australia

Using a song in a film, an advertisement or a venue usually takes two licences, and missing one is expensive. Talon Legal clears music, drafts and reviews sync, master use and composer agreements, and advises South Australian producers, agencies, composers, labels and businesses. Book a same-day free 30-minute consultation or call (08) 7094 2021.


Music licensing key facts

IssuePosition in South Australia
Two licencesUsing an existing recording of a song in a film, advertisement or video usually needs a licence of the song and a licence of the recording (Copyright Act sections 21(1), 31(1)(a) and 85(1)(a)).
No statutory licence for filmThe statutory licence for records of songs does not extend to a sound-track associated with a film (sections 54(3) and 55).
PerformersCopying an authorised recording for use in a sound-track, knowing the recording was not authorised for that use, is an unauthorised use of the performance (section 248G(2)(c)).
Commissioned musicThe composer owns the music unless employed under a contract of service or the copyright is assigned in writing (sections 35(2), 35(6) and 196(3)).
Future musicAn agreement signed in advance can assign music not yet written (section 197(1)).
Film sound-tracksSounds embodied in a film's sound-track are treated as part of the film, not as a separate sound recording (section 23(1)).
EditsFor music as included in a film, the author's written consent covers acts within its scope; a consent obtained by duress or knowingly false or misleading statements has no effect (sections 195AW and 195AWB).
SamplesTaking a substantial part of a song or a recording needs a licence, judged by quality rather than quantity (section 14(1); EMI Songs v Larrikin at [52]).
Missing ownersSince 2 April 2026, remedies are limited where a user could not identify and locate the owner after a reasonably diligent search and gave the required notice (Part V Division 2AAA).
Business premisesAn occupier who provides the equipment that plays music on the premises is treated as giving the performance (section 27(4)).
First stepSame-day free 30-minute consultation. Call (08) 7094 2021.

Need a music licensing lawyer in Adelaide?

Our music licensing lawyers in Adelaide act for producers, advertising agencies, game developers, composers, songwriters, labels and businesses that play music. Music licensing is the process of getting permission from every owner whose rights a use touches, on terms that match the use. The Copyright Act 1968 (Cth) decides whose permission is needed, and the licence decides what the user gets. This page states the law current to 24 October 2026.

This guide is part of our media and entertainment practice. Related guides cover music recording and publishing agreements and film releases and clearances.

Free Consultation. Send us the cue list, the licence or the brief. Book a same-day free 30-minute consultation or call (08) 7094 2021.

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Muhammad Zubair
29 October 2026
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Talon Legal is the best law firm in the Adelaide. Dan was able to resolve my case before time, achieving a favourable outcome. I would highly recommend Talon Legal to anyone seeking professional legal assistance. Talon Legal develops effective legal strategies to achieve the best possible outcomes.
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Jessie W
26 October 2026
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I had a great experience dealing with Danial at Talon Legal. From our initial conversation, he was professional, approachable and genuinely interested in understanding our business and its needs. He took the time to listen, explain things clearly and offer thoughtful, practical advice. I particularly appreciated his patience, honesty and the time he dedicated to our discussions. Although we haven’t engaged the firm for further work at this stage, the experience has left a very positive impression. I would certainly feel confident reaching out to Danial again for any future legal matters. Thank you, Danial, for your time and professionalism. It’s been a pleasure dealing with you!
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Angela Carter
12 October 2026
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Was a scary experience, uut thenks to your expertise, i got the best possible outcome.
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24 September 2026
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Exceeds expectations Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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24 September 2026
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Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
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Samin Adit
1 September 2026
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Dan was extremely helpful and he was very patient and through and took time explaining me all the process and next step. And he carried a great sense of humor while he spoke and honestly that made it so easy to understand when I was already stressed out.
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Calvin Munatswa
24 August 2026
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I’m extremely happy with the service I received from Dan. He was professional, responsive, knowledgeable and genuinely committed to achieving the best possible outcome. I really appreciate the hard work, guidance and support throughout the process. Thank you for doing such a great job. I would highly recommend your services to anyone looking for a reliable and dedicated lawyer.
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Marcelle Ayoubi
4 August 2026
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Highly recommend Dan! He was prompt, reliable and efficient, with excellent communication throughout the entire process. His knowledge and professionalism gave me confidence, and he achieved a good outcome. Dan took a lot of the stress out of what could have been an overwhelming experience. Thank you, Dan, for all your support and assistance!
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Neb Trivic
24 July 2026
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Very knowledgable, helpfull and got the best outcome hoped for.
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Anton Simdyankin
21 July 2026
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Timely quote, responses and overall great experience. 100% Recommend
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Tania Stubberfield
16 July 2026
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I highly recommend Talon Legal and especially Daniel Esmaili. During our initial conversation for a driving offence, Dan was incredibly honest and told me that I didn't really need legal representation. He was completely down-to-earth and non-judgmental, reassuring me that people make poor choices sometimes. I felt more at ease and I chose to hire him anyway to avoid the anxiety of a court appearance, and it was the best decision I could have made. He took care of everything from start to finish, appearing in court on my behalf so I didn't have to attend at all. He explained everything clearly without using confusing legal jargon. He was also incredibly thoughtful and personal, asking how my birthday trip away went with family. Thanks to Dan, we got a fantastic outcome with a significantly reduced suspension time and a minimal fine. Dan even went above and beyond by telling me to contact him before I start driving again to double-check that my suspension is fully completed and my licence paperwork is processed correctly. On top of the amazing result, the fees were surprisingly affordable without compromising on performance and integrity. If you want an empathetic, honest, affordable and highly capable lawyer, then Dan's your man. Thankyou again Daniel Esmaili at Talon Legal.
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Bill P
30 June 2026
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We recently engaged Dan Esmaili from Talon Legal to assist our family with a motor vehicle road rule expiation and related court matter. From the very beginning, Dan was professional, clear, and extremely supportive. He took the time to explain the process in a way we could understand, kept us informed throughout, and handled the matter with care and confidence. Most importantly, Dan achieved a successful outcome for our family, which we are very grateful for. We sincerely appreciate his guidance, responsiveness, and dedication. We would highly recommend Dan Esmaili and Talon Legal to anyone needing strong legal support and professional representation.
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Sara Gleeson
16 June 2026
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I cannot recommend Dan Esmaili (Talon Legal) highly enough. I was extremely worried about the impact a legal problem could have on my future. From the beginning, he was professional, knowledgeable, and supportive. He took the time to explain the legal process, answered all of my questions, and worked tirelessly on my case. Thanks to his expertise and advocacy, I received a result without a conviction being recorded. This outcome has made an enormous difference to my life, and I am incredibly grateful for his dedication and hard work. If you need a lawyer who genuinely cares about their clients and achieves outstanding results, I would not hesitate to recommend Dan.
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Matthew Greenwood
16 June 2026
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Thanks Dan for your legal help . You got the best possible outcome , thanks again . Matt
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Caleb Sweeting
15 June 2026
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Danial Esmaili is an excellent lawyer whose clear communication style makes navigating legal matters much easier. Professional, approachable and knowledgeable, he takes the time to explain things clearly and provides confidence throughout the process.
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Yousef Al-Yasiri
11 June 2026
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Daniel and the team at Talon Legal were truthful, helpful, and left me feeling confident and how they handled my matter. Daniel understood my situation, left me assured, was realistic with me, provided me with the advice or course of action that best suits my sitiation. If I could choose again, I would choose Daniel and the team at Talon Legal with my eyes closed.
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Matthew Morgan
11 June 2026
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You’d be hard pressed to find someone more knowledgeable than Dan, a lovely guy too.
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Jacob Marcer
10 June 2026
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Daniel at talon legal was by far the best lawyer I’ve had to deal with he was extremely helpful with explaining his processes and making me feel very comfortable Also achieving a great result on my case Couldn’t recommend Daniel more if I could give more stars I would Thanks again daniel
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Faros Omidvour
10 June 2026
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Talon Legal is an excellent law firm that I recpmmend without hesitation to anyone who needs responsive and considerate advice and representation.
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Egor Eremeev
8 June 2026
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I cannot recommend Talon Legal highly enough. From the very beginning, Daniel demonstrated exceptional professionalism, legal expertise, and genuine care for my situation. Daniel took the time to understand my circumstances, explained every step of the process in clear and practical terms, and was always available to answer questions. His attention to detail, strategic thinking, and calm approach gave me confidence throughout the entire matter. What stood out most was Daniel’s commitment to achieving the best outcome while making the process as smooth and stress-free as possible. It is rare to find a lawyer who combines technical expertise with such excellent client service. Thank you, Daniel, and the Talon Legal team for your outstanding support. I would highly recommend Talon Legal to anyone seeking professional, reliable, and results-driven legal representation.
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Kaedehara Kazuha
4 June 2026
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We recently engaged Talon Legal to assist with drafting reseller agreements for our business, and the experience exceeded expectations. Dan took the time to understand our requirements, commercial objectives, and the practical realities of our industry before providing clear, strategic advice and a tailored solution. His attention to detail, commercial awareness, and ability to identify potential risks resulted in a comprehensive agreement that gave us confidence moving forward. What stood out most was the firm's proactive and innovative approach. Rather than relying on a standard template, Dan offered practical suggestions and considered scenarios we hadn't even thought of, helping create a robust and well-structured agreement. Talon Legal is a progressive firm with a fresh perspective and a strong understanding of commercial law. Professional, responsive, and easy to work with throughout the process. Highly recommended.
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Bec Chapman
22 May 2026
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Talon Legal were exemplary in their service. Dan was concise, thorough and true to the plan. For a small NGO seeking legal advice I can highly recommend :)
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Hussar1522
29 October 2025
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One of the best lawyers in Adelaide My life was being ruined because of a court case that was not true, then it became worse when I have driving charge for driving disqualification and careless driving with an accident that I did not cause. This affect my business and the lawyers protected my business and my life and reputation. They make the charges go away and I get no conviction or criminal record, and do my business contracts terms and conditions perfectly. If you want lawyers that can help you many ways I suggest you go to Talon Legal. I think one of the best law firms in Adelaide for business and criminal and traffic.
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Oldpicker64
17 August 2025
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Saved me from jail for disqualified driving I can’t thank talon legal enough for what they did to help when I had magistrates court in port adelaide and Elizabeth, lost my licence because I was sick before and had to drive in emergency to help family but police didn’t care. Talon legal helped me with disqualified driving charges in court and saved me from going back to jail this was the one time I liked working with a lawyer. Recommend talon legal for any legal problem.
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J420
2 August 2025
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Best criminal lawyers! I hired talon legal to fight a criminal case for me and they got the charge dropped. Daniel was amazing in handling my case. He actually cared about my case and me as a person. I felt really supported and I am glad I got talon legal for my court case. Best criminal lawyers in Adelaide that I spoke to.
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James Aveno
2 August 2025
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Excellent business and startup lawyers Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy.
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James A
2 August 2025
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Excellent commercial and business lawyers! Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy. Approximate cost: $4500
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DP123
12 July 2025
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Clear advice in a very stressful time I was in a very stressful situation and Talon Legal fixed my problem - now my stress is gone! Very professional, excellent communication, accessible and fast. Thank you for everything.
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Slavi77
12 July 2025
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They won my hardship appeal Was about to lose my licence and Talon Legal got it back. Made a promise and kept it. This is what a lawyer should be like. Helped me with my driving disqualification and other driving offences. Very prepared and explaining things very good so I could understand them easily.
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Emir
2 July 2025
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Very good criminal lawyer They were honest and did what they said they would do and told me what to expect it was like following a map and I felt safe because I know what to expect very happy with the experience Talon. If I need lawyer again I will come back.
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Samsun
28 June 2025
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Got the best result for me Easy to deal with and spoke to me in normal English, explained everything really good to me, didn’t go over agreed budget to help with my case and communicated all the time with me, never kept me waiting and very responsive to my questions, had direct access to my lawyer anytime I needed. Got very good result for my case for drinking and driving, disqualified driving, demerit points and provisional driver licence condition
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Rogue33
26 June 2025
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Very good experience best money ever spent on a lawyer Professional, friendly and fixed fee service. I had some charges in court in Adelaide and Talon Legal completely picked apart the case against me. Charges were removed and I got my licence back too. Cant recommend them strongly enough. Really easy to work with and friendly. Thanks for wining my licence appeal and getting the drink driving charges removed.
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Riggo7
24 June 2025
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Saved my drivers license Can’t thank the team enough at Talon Legal for helping me keep my drivers license. They were very knowledgeable and took the time to explain everything to me every step of the way. If it wasn’t for their excellent representation in court I would have lost my license. They left no stone unturned. Highly recommend.
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Karen R.
24 June 2025
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Best lawyers for traffic offences in adelaide Really appreciate Talon Legal’s help to keep my license, thank you so much to the team. Professional, responsive and compassionate service from everyone at the office and excellent outcome. Would definitely recommend. Approximate cost: $2800
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Les A.
23 June 2025
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Excellent traffic lawyers I owe them my life and job words are not enough to say how thankful i am for the help they gave me when i was going to lose the driver licence in magistrates court because of drink driving and drug driving. Approximate cost: $3000
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Jordan
22 June 2025
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Best Lawyers! Absolutely first-class service from Talon Legal. I had a complicated traffic matter and wasn’t sure where to turn. From the first phone call, they were professional, understanding, and gave me clear advice without the legal jargon. On the day of court, they were calm and prepared and the result spoke for itself. I’m so grateful for their help and wouldn’t hesitate to recommend them to anyone needing help with a traffic offence.
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S A.
17 June 2025
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Brilliant traffic lawyers in adelaide Helped me get my licence back in the magistrates court after I applied for a licence appeal because I breached my provisional conditions. Made it straightforward and helped me stay calm. Treated me like a normal person and was very compassionate. You saved my job legends Approximate cost: $1800
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SA
16 June 2025
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Successful drivers licence appeal! Made the process really easy for me to understand and helped me appeal my licence in the magistrates after it was disqualified for breaching a licence condition. Thank you legends, I would have been stuffed if I lost my licence without you guns!
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TK
5 April 2025
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Best traffic lawyers in Adelaide I came across talon legal when I was looking for a law firm in Adelaide to represent me for traffic offences while visiting from overseas. They were very professional, fast, friendly and down to earth. Dan handled my mater and got me a very good outcome at a fixed cost.

What licences does using music in a production need?

Usually two. A song and a recording of it are separate copyrights, commonly owned by different people. The song’s copyright includes the exclusive rights to reproduce it, perform it in public and communicate it to the public (Copyright Act section 31(1)(a)), and making a film of a musical work is a reproduction of it (section 21(1)). The recording’s copyright includes the exclusive rights to copy it, cause it to be heard in public and communicate it to the public (section 85(1)).

So a production that uses an existing recording needs a licence of the song, often called a sync licence and usually granted by a publisher, and a licence of the recording, often called a master use licence and usually granted by a label. A production that records its own version of the song avoids the master licence but still needs the song licence.

Using music without a licence, or beyond its terms, infringes. Copyright in a song is infringed by doing an act comprised in the copyright in Australia without the owner’s licence (section 36(1)), and the same applies to recordings and films (section 101(1)). The owner can seek an injunction and either damages or an account of profits (section 115(2)), and additional damages may be awarded having regard to matters such as the flagrancy of the infringement (section 115(4)).


Does the statutory licence for cover versions apply?

Not to film. A cover version released as a record for retail sale can sometimes be made under the statutory licence in section 55, which requires an earlier authorised retail record of the song, prior notice to the owner and payment of the prescribed royalty. That licence does not reach productions, because a record of a musical work does not include a sound-track associated with visual images forming part of a film (section 54(3)).

A film, advertisement, game or online video that uses a song therefore needs the song owner’s licence, however the recording is made. The cover licence is for records, and the music recording and publishing agreements guide explains how it works.


What should a sync or master use licence cover?

The use, described precisely. A licence covers only what it grants, so the terms that matter are the production and the scene or campaign, the length of music used, the media and platforms, the territory, the term, any options to extend, the fee, credit, and whether the licence is exclusive.

An exclusive licence must be in writing and signed by or on behalf of the owner (section 10(1), definition of exclusive licence), and an exclusive licensee has rights of action against infringers other than the owner, concurrent with the owner’s (section 119). Advertising licences need particular care with the term and territory, because a campaign that runs longer, or in more places, than the licence allows is use without a licence.

A music licensing lawyer will also look at the warranties. The licensor should warrant that it owns or controls what it licenses, that the performers’ consents cover the use, and that samples in the recording have been cleared, backed by an indemnity.


Do performers need to consent to sound-track use?

Their authority matters. Making a recording of a performance, or communicating it to the public live or from an unauthorised recording, without the performer’s authority is an unauthorised use (section 248G(1)). For productions, the key provision is section 248G(2)(c): making a copy of an authorised sound recording of a performance for use in a sound-track is an unauthorised use where the person knows, or ought reasonably to know, that the recording was not authorised for use in a sound-track.

A recording made with the performers’ authority for release as a record is therefore not necessarily authorised for a film or advertisement. Broadcasters have a narrow exception for copies made solely for their own broadcasts (section 248H).

Performers can also own part of the recording. For a recording of a live performance, which can include a studio performance without an audience, the performers are makers alongside the record owner and co-owners hold it in equal shares (sections 22(3A), 22(7) and 97(2A)). A performer who consented to recording for a particular purpose is taken to have licensed its use for that purpose (section 113B). Session releases for production music should name sound-track use expressly.


Who owns music composed for a production?

The composer, unless the agreement says otherwise. The author of a musical work owns the copyright in it (section 35(2)). The exception for music written under a contract of service gives the copyright to the employer (section 35(6)), and that rule can be varied by agreement (section 35(3)). Paying a freelance composer does not by itself transfer the music: the commissioning rule in section 35(5) applies only to some photographs, portraits and engravings.

A producer or agency that is to own the score needs a written assignment signed by the composer (section 196(3)), and an assignment of music not yet written can be agreed in advance, so the copyright vests in the producer as each cue is created (section 197(1)). Where the composer keeps the copyright, the agreement should grant a licence wide enough for the film, its trailers and promotion, and any soundtrack release.

The recordings need their own clause. Once embodied in the film’s sound-track, the sounds are treated as part of the film rather than as a separate sound recording (section 23(1)), and the film belongs to its maker or, for a commissioned film, the commissioning party unless agreed otherwise (section 98(2) and (3)). A separate studio recording of the score is a sound recording, owned under the rules for recordings, including the performer rules above (sections 22(3) and (3A) and 97). Composer agreements also deal with the fee, delivery dates, revisions, credit, and any share of income from public performance and broadcast of the music.


Can the music be edited, and must the composer be credited?

Edits need care, and credit is a right. A songwriter or composer has a right of integrity, the right not to have the work subjected to derogatory treatment (section 195AI), meaning a material distortion, mutilation or material alteration, or anything else done in relation to the work, that is prejudicial to the author’s honour or reputation (section 195AJ). The author also has a right of attribution of authorship (section 193).

The answer is a written consent. For a musical work as included in a film, which includes an advertisement or other production with moving images (section 10(1), definition of cinematograph film), the author’s written consent covers acts and omissions within its scope, and it can be given for works not yet made (section 195AW). For other uses, such as a remix released on its own, a consent must relate to specified acts and specified works (section 195AWA). A consent obtained by duress, or by knowingly false or misleading statements intended to persuade the author, has no effect (section 195AWB).

The cases show what is at stake. In Perez v Fernandez [2012] FMCA 2, overlaying a promotional recording onto an artist’s song infringed the songwriter’s right of integrity and the copyright in the recording ([66]). In Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136, the right of attribution was held to be a positive right, and a failure to credit was not excused where nothing prevented the author being identified ([18]).


When do samples and soundalikes need a licence?

Whenever a substantial part is taken. Doing an act in relation to a substantial part of a work or other subject-matter counts as doing it to the whole (section 14(1)). A sample copies part of a recording and usually part of the song in it, so a sample that takes a substantial part of either needs that owner’s licence.

Substantiality depends much more on quality than on quantity, and on the importance of the part to the original work rather than to the new one (EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47 at [52] to [53]). In that case about five bars of a 93 bar song reproduced a substantial part of the melody of Kookaburra, despite the different key, genre and structure ([226]).

A soundalike made for an advertisement still uses a song if it is a re-recording of it, and a new track written to evoke a famous one can still take a substantial part of its melody. The brief to the composer, and the composer’s warranty of originality, should deal with both.


What if the owner cannot be found?

The law changed on 2 April 2026. Part V Division 2AAA limits the remedies available against a person who used copyright material when, after a reasonably diligent search, the owner could not be identified and located (sections 116AAB and 116AAD).

The conditions are strict. The search must be reasonably diligent and made within a reasonable period before the use, a record of it must be kept, the user must have been unable to identify and locate the owner at the time of the use, and a clear and reasonably prominent notice must be given (section 116AAE). Where they are met, the court cannot award damages or an account of profits but may order a reasonable payment to the owner, and the user bears the burden of proving the conditions (section 116AAD). Continuing use can proceed on agreed or court-fixed terms, although the court may grant an injunction instead (section 116AAF).

For music, the search usually means the publishers, labels and composers named on the release, and the records of the bodies that administer music rights. The record of the search is the user’s defence, so it should be kept with the production’s clearance file.


Does a business need a licence to play music?

Generally, yes. Playing recorded music to customers in a shop, gym, cafe or venue involves both copyrights: performing the songs in public (section 31(1)(a)) and causing the recordings to be heard in public (section 85(1)(b)). Performance includes presentation by the use of a record or reception equipment (section 27(1)(a)).

The occupier is responsible. Where music is played on equipment provided by or with the consent of the occupier of the premises, the occupier is treated as the person giving the performance or causing the sounds to be heard, whether or not they operate the equipment (section 27(4)).

Online use is different again. Posting a video with music on social media reproduces the song and copies the recording, and making it available online communicates both to the public (sections 10(1), definition of communicate, 31(1)(a) and 85(1)). A business should check that its licence covers that use, and not assume that access to a song means permission to use it.


What about AI-generated production music?

It should be dealt with in the licence. Copyright needs human authorship: where a computer performs the functions of an author and the operator does not control the material form, copyright does not subsist (Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149 at [118]).

A licensee paying for exclusivity in a track generated without human authorship may be paying for a right nobody holds. Library and composer agreements should include warranties about how the music was made and whether AI tools were used, and the licensee’s remedy if the warranty is wrong.


How similar matters tend to play out

Three illustrations of how the law on this page combines on ordinary facts. They are not predictions. Outcome depends on the documents, the evidence and the court.

Lower range. An Adelaide cafe plays a streaming playlist through its speakers without any licence for public performance. The occupier who provides the equipment is treated as giving the performance (Copyright Act section 27(4)), and playing recordings to customers involves both the songs and the recordings (sections 31(1)(a) and 85(1)(b)). Licences covering both resolve it, ideally before a complaint arrives.

Middle range. A production company licenses a well-known recording for a short film from the label, but nobody approaches the publisher. Making the film reproduces the song (section 21(1)), so the production also needs the song owner’s licence, and the statutory licence for records does not help (section 54(3)). Clearing the song before release avoids negotiating after the film is locked.

Upper range. A composer writes a feature score without a written agreement, and after a falling out the producer wants to release a soundtrack album. Without a written assignment the composer still owns the copyright in the music (sections 35(2) and 196(3)). If the producer paid for the studio recordings under an agreement, the producer may own those recordings (section 97(3)), but the album still needs the composer’s licence or an assignment. A negotiated agreement is the usual end.


How we act on music licensing

We act for producers, agencies and businesses that use music, and for composers, songwriters and labels that license it. For a user, the aim is a clearance file that covers every use and survives scrutiny by a distributor or broadcaster. For a rights owner, it is a fee and terms that match the use, and a clear remedy when the use goes further.

StageWhat happensWhat we do
ClearingA production or campaign needs music.Identify the owners of the song and the recording and the licences needed.
LicensingTerms are offered or requested.Draft or review sync and master use licences, media, term, territory and warranties.
CommissioningA composer is engaged.Draft the composer agreement: rights, recordings, credit and moral rights consent.
PerformersMusicians record for the production.Prepare releases and consents that cover sound-track use.
DisputeMusic is used without a licence or beyond it.Advise on infringement, remedies and settlement.

We cannot promise an outcome, and no lawyer can. We can make sure the music in your production is cleared before anyone else checks.

Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.


Music licensing case law

None of the decisions below concerned a sync licence. EMI v Larrikin and Perez v Fernandez concerned music, Meskenas v ACP concerned the credit given for an artistic work, and Telstra v Phone Directories concerned computer-generated material.

CaseCourtPrinciplePinpoint
EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47Full Federal CourtSubstantial part judged by quality and by importance to the copyright work[52], [53], [226]
Perez v Fernandez [2012] FMCA 2Federal Magistrates CourtAltering and streaming a song infringed the recording copyright and the songwriter's right of integrity[66], [84], [95]
Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136Federal Magistrates CourtCrediting the wrong artist infringed the rights of attribution and against false attribution[18], [31]
Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149Full Federal CourtComputer-generated works need a human author[118]

Case notes

EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 47

The Full Court dismissed an appeal from findings that two recordings of “Down Under” reproduced a substantial part of the melody of “Kookaburra” (orders). Emmett J said whether a substantial part was taken depends much more on quality than on quantity, and on the part’s importance to the copyright work rather than to the new work ([52] to [53]). Jagot J noted that about five of the 93 bars were involved, in a different key and genre, and that describing the borrowing as a tribute did not change it ([226]). A short musical quotation in a sync can raise the same question.

Perez v Fernandez [2012] FMCA 2

A Perth DJ overlaid a promotional recording of the artist’s voice onto the artist’s song and streamed the altered version on his website ([64] to [65]). The Court held this infringed the copyright in the sound recording and the songwriter’s right of integrity ([66]), found the alteration prejudicial to his honour and reputation ([84] to [88]), and said moral rights infringement is actionable without proof of damage ([95]). It awarded $10,000 for the moral rights infringement and $2,312 for the copyright infringement (orders). Edits made to fit a scene or an advertisement are best covered by a written consent.

Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136

A magazine published a photograph of a portrait and named the wrong painter. The Court held the right of attribution is a positive right and, since nothing prevented the painter being identified, the reasonableness defence failed ([18]). False attribution means attribution that is objectively incorrect, with no need to prove intention ([31]). The painter was awarded $9,100 (orders). Credit clauses in composer and sync agreements carry the same weight.

Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149

The Full Court dismissed the appeal, so copyright did not subsist in the directories (orders). Perram J said that where a computer performs the functions ordinarily performed by human authors, and the operator does not control the material form, copyright does not subsist ([118]). Production music made without human authorship raises the same question.


Frequently asked questions

What is a sync licence?

A licence from the owner of a song to use it with moving images, such as a film, advertisement, game or online video. Making a film of a musical work is a reproduction of it (Copyright Act section 21(1)).

What is a master use licence?

A licence from the owner of a recording to copy it into a production. The recording copyright includes the exclusive right to make a copy of it (section 85(1)).

Do I need both a sync licence and a master use licence?

Usually, if the production uses an existing recording. A production that makes its own recording of the song still needs the song owner’s licence (sections 21(1) and 31(1)(a)).

Does the statutory licence for cover versions apply to film?

No. A record of a musical work does not include a sound-track associated with a film, so the section 55 licence does not reach productions (section 54(3)).

Who owns music composed for a film or advertisement?

The composer, unless employed under a contract of service or the copyright is assigned in writing (sections 35(2), 35(6) and 196(3)). Paying for the music does not by itself transfer it.

Can a production edit a song to fit a scene?

Only within the licence and any moral rights consent. For a musical work as included in a film, the author’s written consent covers acts within its scope (section 195AW).

How much of a song can be sampled without a licence?

There is no safe amount. Taking a substantial part infringes, and substantiality depends on quality rather than quantity (section 14(1); EMI Songs v Larrikin at [52]).

Does a business need a licence to play music?

Generally, yes. Playing recorded music to customers performs the songs and causes the recordings to be heard in public, and the occupier who provides the equipment is treated as giving the performance (sections 27(4), 31(1)(a) and 85(1)).

Do I need a music licensing lawyer?

Before licensing music for a film, advertisement, game or business, or commissioning a score, yes. A music licensing lawyer can check that the licences cover the use and that the composer, the performers and the owners have signed what is needed. A free 30-minute consultation will tell you where you stand.


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