How to Get Commissioning Original Music Right

Commissioning original music means hiring a composer to write music specifically for your brand, video, podcast, app or product, instead of licensing a track that already exists. The composer writes to your brief, your timings and your picture, and at the end you hold a set of rights in that music defined by a written agreement. Done well, you get a piece that fits the material exactly, can be edited for years without awkward cuts, and can be owned outright or licensed on terms you chose rather than terms a library set.

That last part is where most commissions go wrong. The creative side of working with a composer is usually a pleasure; the problems come from what was never written down. Who owns the composition? Can the brand use the music in paid advertising, on broadcast, in a retail store, in a new campaign five years from now? Did the composer deliver the separate instrument stems the editor needs to shorten a cue, or only a stereo mix? Were two revision rounds agreed, or did the project drift into an eleventh? Each of these questions has a simple answer if it is settled at the start and an expensive one if it is not.

This playbook is for marketing leads, producers and business owners commissioning music for the first time, and for teams who have done it before and want a cleaner process. It is organized as a sequence of phases you follow in order. Each phase states its goal, the actions to take, the outputs you should have at the end, and the checks to run before moving on. It explains the rights concepts in plain terms, but it is not legal advice: for any commission where the music will carry real commercial weight, have a lawyer review the agreement.

The Commissioning Original Music Playbook at a Glance

The full process has seven phases. On a short project some of them take an hour; on a brand theme that will run across every channel for years, each deserves real attention. Skipping a phase rarely saves time overall, because the work it contains reappears later as a dispute or a re-edit.

A realistic schedule for a mid-sized commission, such as a brand theme with cutdowns for video and social, looks something like the timeline below. The durations are typical ranges, not rules; a single cue for one video can move faster, and a full sonic identity with multiple variations will take longer.

Phase 1: Decide Whether Commissioning Is the Right Route

Goal: confirm that commissioning original music is worth the time and money compared with licensing, and state in one or two sentences what the music has to achieve.

Licensing existing music is faster and often cheaper. Production libraries, subscription services and commercial catalogs offer thousands of tracks that can be cleared in days or minutes. Our guide to music licensing and clearance covers that route in detail. Commissioning makes sense when one or more of the following is true:

• The music will become part of brand identity, such as a theme, a sonic logo or a recurring podcast signature, and you do not want a competitor using the same track.
• The music must fit picture precisely: hitting cuts, swelling at a product reveal, resolving on a logo at a fixed frame.
• You need a family of related pieces, such as a 60-second theme, cutdowns, a loop and a stinger, that share one musical idea.
• Library licensing terms do not cover your intended use, or would need to be renegotiated every time the campaign expands.
• You want to own the music outright so that future uses do not require new permissions.

Commissioning is usually the wrong route for one-off, short-lived content where any good track would do. For many social clips, internal videos and quick explainers, a well-chosen library track is the sensible choice, and our article on public domain and royalty-free music explains the trade-offs.

Actions

• List every place the music will be used in the next two to three years: web video, paid social, broadcast, events, retail, on-hold, app, podcast.
• Write a one-sentence purpose statement, for example: "A 60-second theme that makes our product films feel warm and precise, with a short sting we can use as an audio signature."
• Estimate how many pieces or variations you need.
• Check whether any existing licensed music is already tied to the brand and would conflict.

Outputs and checks

Phase 2: Define Rights, Scope and Budget

Goal: decide exactly what rights you need before you talk money with any composer, because the rights scope is the biggest single driver of the fee and the biggest source of later disputes.

Ownership versus license

There are two broad arrangements. In an ownership or "buyout" arrangement, copyright in the composition, and usually in the recording, ends up with your company. In a license arrangement, the composer keeps ownership and grants you permission to use the music within defined limits. Each is legitimate; the right choice depends on how central the music is to your brand and how long you will use it.

Work made for hire and assignment

Under United States copyright law, a work created by an employee within the scope of employment is a "work made for hire," owned by the employer. A work commissioned from an independent composer, however, qualifies as a work made for hire only if it falls into one of a limited set of statutory categories and both parties sign a written agreement saying so. The U.S. Copyright Office explains these rules in its guidance on works made for hire (Circular 30). Music written as part of a motion picture or other audiovisual work is one of those categories, which is why score for a film or video is commonly commissioned on a work-made-for-hire basis.

Music that does not clearly fall into a category, such as a standalone brand theme or a sonic logo intended for use across many media, may not qualify as a work made for hire even if the contract says it is. That is why well-drafted commissioning agreements usually include a written assignment of copyright as a fallback: if the work is not a work made for hire, the composer assigns all rights to the commissioning company anyway. Assignments by an individual author can, under U.S. law, be subject to termination rights many years later, which works made for hire are not, so the distinction matters for long-lived brand assets. This is precisely the kind of point to raise with a lawyer.

The reference principle for this whole phase is simple: rights must be assigned or licensed in writing. A verbal "it's yours" from a composer is not an assignment of copyright. For a deeper look at how composition and recording rights differ, see our guide to sound recording and composition copyrights.

Composition, recording and performance royalties

A piece of music usually carries two copyrights: one in the composition (melody, harmony, lyrics) and one in the sound recording (the specific recorded performance). Your agreement should address both. It should also address performance royalties. Many composers are members of a performing rights organization and expect to keep their writer's share of public performance royalties even when the commissioning company owns the copyright, for example when the music is broadcast. This is a normal industry arrangement, but it must be agreed explicitly, along with who handles cue sheets or registrations with those organizations.

Scope questions to answer

• Media: online, social, broadcast television, radio, cinema, events, retail, in-app, on-hold, podcasts.
• Territory: one country, a region, or worldwide.
• Term: a fixed number of years or perpetual.
• Exclusivity: whether the composer can reuse or license the music, or recognizably similar material, elsewhere.
• Modification: whether your editors may cut, loop, remix and re-orchestrate the music.
• Credit: whether and where the composer is credited.

Budget

Composer fees vary widely and depend on the composer's experience, the amount of music, whether live musicians are recorded, the number of deliverables and, above all, the rights scope. A full buyout for perpetual worldwide use across all media will cost more than a license for one year of online use. Rather than chase a number, set an internal range, then use the scope list above to discuss where a composer's quote comes from. If live players, a studio or a mix engineer are needed, ask whether they are included in the fee or billed separately, and make sure the performers' rights are covered too.

Phase 3: Write a Brief the Composer Can Actually Use

Goal: give the composer enough creative and technical direction to write the right music on the first attempt, and define exactly what they will deliver.

The most common reason a commission needs more revisions than planned is a vague brief. "Uplifting, modern, not too corporate" describes half the music ever written for advertising. The reference guidance names the cure directly: brief with references and timing.

What a strong brief contains

1. Context: the brand, the audience, where the music will be heard and what the viewer or listener should feel.
2. References: two to four existing tracks, each with a note on what specifically you like: the tempo, the instrumentation, the way it builds, the texture. Also one or two references for what you do not want.
3. Timing: total duration, and for music to picture, a locked or near-locked cut with timecode notes for key moments, such as "product reveal at 0:22, logo at 0:57, music resolves by 1:00."
4. Tempo and key constraints: if the music must loop cleanly, match a pre-existing sonic logo, or sit under dialogue or voiceover, say so.
5. Instrumentation guidance: preferences and exclusions, such as "acoustic guitar and piano, no vocals, no heavy drums."
6. Mix context: whether the music sits under voiceover, what loudness target the final program will hit, and which platforms matter.
7. Deliverables list: every file you expect, in which format, as detailed in Phase 7.
8. Schedule: dates for demos, feedback, final delivery.

References without imitation

There is a line between "music in the spirit of" and "a soundalike." Asking a composer to recreate a famous track closely enough that listeners recognize it risks infringement claims against both of you. In the brief, describe the qualities you want from each reference and state that the new work must be original. A good composer will draw on the references without copying melodies or distinctive hooks.

If the music will sit under voiceover, involve whoever is casting the voice early, because the voice's pitch and pace affect what music works beneath it. Our guide to casting voice talent covers that side of the process.

Phase 4: Find and Select the Composer

Goal: choose a composer whose work, working style and rights position fit the brief, and agree a fee structure.

Where composers come from

Composers for commercial work come through agency and production-company recommendations, music supervision companies, composer agencies, portfolio sites and direct outreach to writers whose work you have heard. Audio production studios can also run the commission for you, handling the brief, supervision and delivery while engaging a composer they have worked with.

How to shortlist

• Relevant work: listen for pieces close to your brief in genre, instrumentation and use. A brilliant orchestral film composer may not be the right choice for a minimal electronic sonic logo.
• Writing to picture: if timing matters, ask for examples of music written to cut, with the picture.
• Production quality: listen to final mixes on the playback systems your audience will use, including phone speakers and laptops.
• Rights position: ask whether the composer is a member of a performing rights organization, whether they have signed exclusive agreements with publishers or libraries that would affect your ownership, and whether they use samples or loops whose licenses could restrict your use.
• Process and availability: ask how they handle feedback, how many revisions they normally include, and whether they can meet your dates.

Tools and AI-generated material

Ask every candidate how the music will be made. Commercial sample libraries are normal, but their license terms should allow use in a commissioned work. If any part of the music is generated with AI tools, that affects what can be protected by copyright and may affect the warranties the composer can give. Our article on copyright for AI-assisted audio explains why this matters and what to ask.

Paid demos versus portfolio selection

Some commissioners ask several composers to write a short demo against the brief before choosing one. If you do this, pay for the demos, state in writing that unselected demos remain the composer's property, and keep the demo brief short. Unpaid pitching is common in some parts of the industry but tends to attract less experienced composers and creates ambiguity about who owns ideas from unselected demos.

Phase 5: Put the Agreement in Writing Before Work Starts

Goal: a signed agreement that records everything decided in Phases 2 to 4, so both parties know what is being delivered, what rights change hands, and what happens if something goes wrong.

The agreement need not be long, but it must be specific. Keep documentation of the agreement, including the final signed version, the brief it refers to, and any written changes made along the way.

Clauses to include

• Parties and work: who is commissioning, who is composing, and a description of the music, referencing the brief.
• Rights: work made for hire language where applicable, with a backup assignment of copyright in the composition and the recording; or, for a license, the media, territory, term and exclusivity.
• Modification: permission for your team to edit, loop, shorten, remix and sync the music to picture.
• Deliverables: the full list of files and formats, including stems and alternative lengths.
• Revisions: the number of revision rounds included, what counts as a round, and the rate for additional rounds or changes of direction.
• Schedule: demo and delivery dates, and what happens if either side misses them.
• Fees and payment: the amount, deposit, milestone payments, and when rights transfer relative to payment.
• Performance royalties and credit: who keeps the writer's share, who files cue sheets, and how the composer is credited.
• Warranties: the composer confirms the work is original, does not infringe others' rights, and that any samples, performers or tools used are properly licensed.
• Portfolio use: whether the composer may show the work in their portfolio, and from when.

Why revisions belong in the contract

Revisions deserve their own clause because they are where good relationships sour. The reference guidance is clear: define revision rounds, and avoid unlimited revisions. Two rounds after the first demo is a common starting point for a single piece; larger projects may define rounds per piece. Define a round as one consolidated set of written notes from the client, not a stream of messages. Distinguish a revision (refining agreed direction) from a change of brief (a new direction), which should be priced separately.

Phase 6: Run Demos and Revisions Without Losing Control

Goal: move from first demo to approved music within the agreed revision rounds, with feedback that is consolidated, specific and tied to the brief.

Reviewing a demo properly

Listen to demos in context. For music to picture, review it against the edit, not in isolation. Listen on the playback systems your audience uses as well as on good headphones or monitors. Where the music sits under voiceover, review with the voice in place, because a busy midrange that sounds exciting alone can bury speech.

Keep in mind that demos may use sampled instruments standing in for live players, or a rough mix. Judge the writing, structure and feel first; production polish comes later.

Consolidating feedback

The project owner from Phase 1 collects every stakeholder's reaction, resolves contradictions internally, and sends the composer one set of notes per round. Good notes are specific and tied to timecode and to the brief: "0:18 to 0:26 builds too early; the brief calls for the lift at the product reveal at 0:22" is actionable. "Needs more energy" is not, unless you say where and what kind.

1. Restate what works, so it survives the revision.
2. List changes by timecode, in order.
3. Separate must-have changes from preferences.
4. Flag anything that would be a change of brief rather than a revision, so it can be discussed openly.

Worked example: an illustrative brand theme commission

To make the phases concrete, consider an illustrative example; it is a constructed scenario to show the mechanics, not a real client project. A home-goods company commissions a 60-second brand theme for its product films, with a 3-second sonic logo derived from the theme's main motif. The theme will run on the website, paid social, connected-TV advertising and in-store screens, with no end date planned, so the company chooses ownership: a work-made-for-hire clause for the theme as part of its product films, and a backup assignment covering both the theme and the standalone sonic logo.

The brief includes three references with notes, a locked 60-second cut with the product reveal at 0:22 and logo at 0:57, and a deliverables list. The agreement includes two revision rounds on the theme and one on the sonic logo. Here is how the deliverables look at the end:

Count the files. Seven stem groups across four lengths of the main theme gives 28 stem files, plus four full mixes, the underscore, the loop and the sonic logo with its stems. That is dozens of files from one commission, which is why naming conventions belong in the brief. A pattern such as Brand_Theme_30s_Stem_Strings_v2.wav tells an editor two years later exactly what they are looking at.

In this scenario, the first demo lands the tone but builds too early. Round one notes, consolidated into one message with timecodes, move the lift to the reveal. Round two refines the ending so the motif resolves cleanly into the sonic logo. A stakeholder then asks, after approval, whether the whole piece could be "more electronic." Because the agreement distinguishes revisions from changes of brief, the project owner can treat this as a new request with its own fee and timeline, rather than an argument about whether it counts as round three.

Phase 7: Take Delivery, Register and Document

Goal: receive every file you paid for, verify it works, secure the rights on the public record where it makes sense, and store everything so future teams can use it.

Verifying the delivery

The reference guidance singles out one delivery item: stems for future edits. Final mixes delivered without stems are a trap because the stereo mix is only one version of the music. When an editor needs to cut 60 seconds down to 22, drop the drums under a voiceover, or remove a melody that clashes with dialogue, stems make it a quick edit rather than a crude fade. Editing a single stereo mix to length is possible, and our guide to editing music to length covers the craft, but stems widen the options enormously.

Technical checks

• Every file listed in the deliverables schedule is present and correctly named.
• Sample rate and bit depth match the specification, commonly 48 kHz and 24-bit for video work.
• Stems, summed together at unity gain, reproduce the full mix closely.
• All stems start at the same point, so they line up when dropped into a timeline.
• Alternative lengths end musically, not with a fade that sounds like an edit.
• Loops loop without clicks or gaps.
• No clipping, and enough headroom for your mix engineer to work.

If your team produces recurring content, add the new music and stems to your editing templates, so every editor starts from the same approved files.

Registration

Compositions can be registered with the U.S. Copyright Office. Copyright exists from the moment the music is fixed, but registration creates a public record of ownership and, for works of U.S. origin, is generally required before bringing an infringement lawsuit. Timely registration can also affect which remedies are available. If your company owns the music, whether as a work made for hire or by assignment, the company is the claimant. Registering the composition and the sound recording involves different application options depending on whether the same party owns both. For a brand theme that will be used for years, registration is inexpensive insurance, and a lawyer or the Copyright Office's own guidance can confirm the right application.

Documentation

Store a single record for each commission that includes the signed agreement, the brief, the final deliverables list, the composer's contact and performing rights details, any sample and performer licenses, registration numbers, and cue information for broadcast use. This becomes vital when a platform flags your video with a content ID claim, when a partner asks for proof of rights, or when a new agency wants to use the theme in a campaign.

Using Commissioned Music Across Channels After Delivery

Commissioned music earns its cost through repeated, consistent use. Once the theme exists, plan how it will appear in each channel so it strengthens recognition rather than becoming wallpaper.

Video and social

For short-form video, the 15- and 6-second versions and the sonic logo do most of the work. Platform audio behavior, such as autoplay without sound and aggressive loudness normalization, affects how the music should be mixed for each cut; our guide to audio for short-form video covers those mix decisions.

Series and podcasts

For recurring content, commissioned intro and outro music becomes part of what listeners recognize. Keep versions and levels identical from episode to episode, which is the point of our article on episode-to-episode consistency.

Physical spaces

If the music will play at events, in stores or on booths, check that the rights you negotiated cover public performance in those settings, and use the loop version rather than repeating a 60-second piece with a hard ending. Environments with background noise also call for different mixes than headphones do.

Extending the agreement

If you chose a license rather than ownership, set a calendar reminder well before the term or scope ends. Renewing or broadening a license before it lapses is a routine conversation; discovering in the middle of a campaign that the license expired is not.

Common Failure Points and How the Playbook Prevents Them

Each failure point in commissioning original music maps to a phase that prevents it. Use this as a diagnostic if a commission is already in trouble.

Most of these share a root cause: something was assumed rather than written down. The composer assumed stems were extra; the brand assumed "buyout" meant every medium forever; the team assumed feedback could keep coming. The playbook's job is to turn each assumption into a line in the brief or the agreement.

When to Bring In Help

The reference guidance puts the threshold clearly: bring in help when music becomes part of brand identity. At that point the stakes are higher, because the theme or sonic logo will be heard across every channel for years, the rights must hold up under scrutiny, and the deliverables list grows large.

Help comes in two forms. Legal help reviews the agreement, particularly the work-made-for-hire and assignment language, performance royalty arrangements and warranties. Production help, such as a music supervisor or an audio studio, writes the brief, shortlists composers, manages demos and feedback, checks deliverables and prepares the documentation. Many teams bring in production help for the first commission and then run later ones themselves using the templates it produced.

When evaluating a partner, ask how they structure rights, what their standard deliverables list includes, how they manage revision rounds, and how they document a commission at handover. Specific answers are a good sign. Our music editing and licensing service covers commissioning, licensing and editing music for video, and our broader audio editing and production services handle the mix and delivery work that follows.

Where this comes from

• U.S. Copyright Office — Circular 50 Copyright Registration for Musical Works
• U.S. Copyright Office — Circular 30 Works Made for Hire

The figures and practices above come from the sources listed.

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Where to go next

• Choosing an Audio Studio, Done Properly
• Audio Rights and Clearance Records: The Decisions That Matter