Music is a critical part of the video game experience. From dynamic combat soundtracks to ambient background scores, music enhances gameplay and immerses players in the game world. But game developers often underestimate the legal complexity of using music in a video game.
Whether you’re an indie developer or part of a large studio, understanding the legal framework for music use is essential. Copyright law doesn’t treat game music as “just background”—if you use someone else’s song, even for a few seconds, without permission, you could face serious legal consequences.
This guide walks through how music licensing for video games works, the types of rights you need, and common mistakes that can lead to costly problems.
Two Rights You Need: Composition and Recording
Using a piece of music in your game usually requires two types of licenses:
- Synchronization license – for the composition (melody, lyrics, arrangement).
- Master use license – for the specific recording of that composition.
If you want to use a popular song in your game, you need to clear both the publishing rights and the master rights. This usually means contacting both the publisher (often through ASCAP, BMI, or SESAC) and the record label.
If you’re only recreating or covering the song with your own musicians, you only need to license the composition. But even that requires permission unless you’re working under a compulsory license or producing for a limited-use context like a demo or prototype.
Music Licensing and Game Platforms
One key difference between video games and other media (like film or TV) is that games are interactive. That means you may need to negotiate broad rights for music that plays under variable conditions. You’ll need licenses that cover not just the initial release but also:
- Worldwide distribution
- Future game platforms or ports
- Streaming and gameplay capture (YouTube/Twitch content)
- DLCs, expansions, and mods
Make sure your license agreement explicitly allows for in-game looping, transformations, cutscenes, and use in trailers or promotional material. Without these provisions, you may find yourself unable to distribute your own game—or subject to takedowns.
Common Pitfalls in Game Music Use
One major mistake indie developers make is assuming royalty-free music means “no legal risk”. Many royalty-free sites have limited licenses that don’t cover commercial games or large distribution. Always read the terms.
Another error is relying on fair use. There is no such thing as “fair use” in commercial game development. Even using a 2-second clip of a famous song without permission is copyright infringement.
Also beware of hiring a composer without a contract. If someone creates original music for your game, make sure the contract explicitly transfers copyright or grants an unlimited license for commercial use. Without this, you might not legally own the music—even if you paid for it.
Public Domain and Stock Music: Are They Safe?
Using music in the public domain can be a good option—but only if you’re sure the song and the recording are both free of copyright. For example, Beethoven’s compositions are in the public domain, but a modern orchestral recording of his work might not be.
Stock or library music (such as tracks from AudioJungle or Epidemic Sound) can be used safely if you comply with their license terms. Make sure the license covers game use, and if possible, secure a perpetual, worldwide license to avoid issues down the road.
Working With a Composer
Many developers choose to hire a composer to create an original soundtrack. This route can be legally safer—but only if you sign a proper contract. The agreement should specify:
- Who owns the copyright
- Whether the license is exclusive or non-exclusive
- What media the music can be used in
- Whether the composer gets royalties or a flat fee
Also, clarify whether the music can be reused in trailers, sequels, or spin-offs. If the composer is entitled to performance royalties (e.g. for radio or streaming of the soundtrack album), this should be discussed upfront.
Game Soundtracks and Music Publishing
If you’re releasing your game soundtrack as a standalone album, you may need a separate agreement with the composer or music rights holders. This is especially true if you plan to distribute the music on Spotify, Apple Music, or Bandcamp.
Game soundtracks can generate significant additional revenue and brand visibility, but only if your licenses cover this type of distribution. Don’t assume the same license you use for gameplay covers soundtrack release.