Why does this ad’s music need Originality Clearance?

Why does this ad’s music need Originality Clearance?

The ads that need an Originality Clearance are the ones that carry significant copyright risk: successful campaigns with exponential risk to the client, and any that contain original music somebody wrote while listening to a reference track.

Originality clearance is distinct from rights clearance. Confusingly, both go by the name clearance. One is whether you have the rights to music you licensed from whoever owns it. The other is whether the music you’re about to run is too close to something else. Sometimes, one turns into the other!

An originality clearance is a written, signed opinion from a qualified forensic musicologist on whether a work is too close to an existing work to release safely.

What the music isRegional, organic, or internalNational, paidBroadcast, global, or high-spend
Licensed existing master
Sync and master cleared with the rights holders
Nothing neededNothing neededNothing needed
Cover
You re-recorded someone else’s song, licensed
Nothing neededNothing neededNothing needed
Production or library trackThe library’s warranty usually covers youThe library’s warranty usually covers youAsk the library what it actually screened. Most screen nothing musical
Sample
You licensed a piece of an existing recording
The sample is licensed. The rest of the track is the other questionScreen the material around the sampleScreen the material around the sample
Interpolation or replay
You re-played someone else’s melody
Confirm the license covers what your player actually playedConfirm the license, then screen what’s around itFull review
Commissioned original, no reference givenUsually fine. Ask the composer in writing what they were listening toScreen itFull review
Commissioned original written to a temp or reference trackScreen itFull reviewFull review
AI-generated or AI-assistedScreen itFull reviewFull review

When it’s worth doing

The rule is the reference track. If the brief named a song, or the composer was handed a temp, the finished work should be cleared before air. That is the fact pattern behind most soundalike claims in advertising, and it is also the most ordinary way original music gets written for a campaign. Exposure sets the stakes rather than the question: the same track is a different problem on a national buy than on an organic post.

What the opinion contains

An originality clearance is an element-by-element comparison of melody, harmony, rhythm and structure against the works most likely to be raised, an assessment of what in those works is actually protectable, and a signed statement of where the risk sits. That signed opinion is what a contract, an insurer, or a network is asking for when it asks for a clearance. Automated similarity tools flag. They do not opine, and they do not sign.

If it comes back close

A clearance run before release returns specifics while the spot is still editable: which elements carry the risk, how an opposing expert would frame them, and what it would take to move the work out of range. Sometimes that is a compositional change. Sometimes it is a license that costs less than the argument it prevents. The dated opinion also sits in the file as evidence of diligence if a claim is later pleaded as willful.

Who pays, and when in the schedule

Agencies usually commission the clearance and bill it through, and some brands require it and name it in the production agreement. The work belongs after the composer delivers and before the spot locks. A composer’s indemnity is capped in practice by what the composer can pay, which is why the requirement tends to come from the party carrying the exposure. A preliminary read runs twenty-four to seventy-two hours, faster against a lock date.

Send the track

I’m Brian McBrearty. I do the analysis and I sign the opinion. Send the track, the reference it was written to, and your air date. The scoping call is free and carries no obligation, and if you don’t need an opinion I’ll tell you that on the call. I’m not a lawyer, I’m a musicologist. Your attorney handles legal strategy. I answer how close the music is, in writing, over my signature.

Start here: Music Copyright Clearance Analysis. For campaign work specifically, see Music Copyright Clearance for Advertising. If it’s urgent, call (212) 217-9512.