Rights and Clearances for Ads: A Practical US Guide

Rights and clearances for ads means getting written permission for every third-party element in a spot before it runs: the music, the people, the artwork, the locations and the claims. Each one has its own owner and its own license. Miss one and the cost shows up after launch, as a takedown, a demand letter or a pulled flight. This guide walks through what to clear, who grants it, when to start and how to keep the paperwork in a shape a client's legal team will accept.

TL;DR

• Clearing an ad means securing permission for music, performers, copyrighted visuals, brands, locations and the factual claims in the copy.
• Commercial music almost always needs two licenses: sync from the publisher and master use from the label. A performance license from a PRO does not cover an ad.
• Anyone recognizable in your spot has publicity rights. Get signed releases, and check union terms for paid performers.
• Start clearance during concept, not after the edit. The first contact rarely controls every right.
• Own what you pay for: a written work-made-for-hire or assignment clause is what gives the brand the rights to its own footage.

Table of Contents

• What "rights and clearances" covers in advertising
• The clearance map: element, owner, document
• Music: the clearance that goes wrong most often
• People: publicity rights, releases and union terms
• Visuals, stock and brands in frame
• Locations and permits
• Claims: the clearance nobody storyboards
• Who owns the footage when the shoot wraps
• A timeline that avoids last-minute panic
• Our perspective: clearance is a creative constraint, not a legal afterthought
• When to bring in a production partner
• Common mistakes to avoid
• FAQ
• Sources

What "rights and clearances" covers in advertising

Two things get mixed up under this label, and a good clearance process separates them.

Rights are the legal permissions attached to a thing: copyright in a song, a photograph or a script, and the publicity rights of a person. Clearance is the work of finding who holds those rights, getting the license in writing, and filing it so you can prove it later.

Under US copyright law, owners have exclusive rights to reproduce, adapt, distribute, perform and display their work, or to authorize others to do so, as the Copyright Office explains in its guide to obtaining permission. An ad that uses someone else's work without that authorization invites an infringement claim. Copyright is only one layer, though. The right of publicity, trademark and false endorsement rules, and the FTC's expectations about claims all apply to the same 30 seconds.

If you want the production-side view of how this fits into a pipeline, our clearance guide for agencies goes deeper on tracking and delivery.

The clearance map: element, owner, document

Before you read the details, here is the whole picture in one table. Use it as the skeleton of a clearance log.

Music: the clearance that goes wrong most often

Music is where good ideas die in legal review, usually because someone fell in love with a temp track.

If you want a pre-recorded song in a spot, two separate rights need clearing: a synchronization license for the composition, and a master use license for the specific recording. The sync license typically comes from the music publisher. The master license comes from the record label that controls that recording. Getting one without the other leaves you exposed, which is also why the Copyright Office circular notes that these are distinct permissions.

Why a performance license is not enough

Blanket licenses from performing rights organizations cover public performance. They do not authorize pairing a song with moving images in an ad. ASCAP itself makes the point in its guidance on music in campaigns: even where a license is in place, an artist can still object on publicity or false-association grounds if the use conflicts with their brand or message. Budget time for approvals, not only for fees.

Fees, terms and scope

Music deals are negotiated, so we will not quote numbers here. What you can control is scope. Define these up front, because each one moves the price:

1. Media: broadcast, streaming, social, in-store, out-of-home, cinema.
2. Territory: US only, North America or worldwide.
3. Term: a flight of weeks or years, with renewal options.
4. Edits: cutdowns, alternate lengths and remixes.
5. Exclusivity: whether competitors in your category can use the same track.

A cheaper route is production music or custom composition. Our roundup of music licensing sites for agencies and brand teams compares the types of libraries available. If you commission a score, the same rule applies as with any commissioned work: put ownership in writing.

People: publicity rights, releases and union terms

The right of publicity prevents unauthorized commercial use of a person's name, likeness or other recognizable parts of their persona, and gives them the exclusive right to license that use. Legal Information Institute notes that about half of US states recognize it in some form, so rules vary by state. The practical answer is simple: if someone is identifiable in an ad, you want a signed release that matches how the ad will be used.

What a good talent release states

• The person's name and contact details, and a guardian's signature for minors.
• The media, territory and period in which the footage can run.
• Whether the footage can be edited, cut down or used in derivative assets.
• What happens if the campaign is extended.
• Consideration: what the person is paid.

Paid performers and union commercials

For union talent, the release is only part of it. The SAG-AFTRA commercials contract sets pay and usage terms. Under the 2025 Commercials Contract, the maximum period of use for a commercial is 24 months, beginning 10 working days after the first day of on-camera production, with holding fees due 13 weeks from the first day of on-camera production. Always confirm current terms with the union or your signatory production company, since contracts are renegotiated on a cycle.

The practical consequence: a use cycle is a calendar, and the calendar belongs on your production schedule. We cover how this plays out in more detail in our piece on talent usage rights.

Don't imply an endorsement

A lookalike, a celebrity name in the copy or a historical figure used to sell a product can trigger false endorsement claims. The same logic applies to real customers. The FTC's endorsement and testimonial rule requires that endorsements reflect honest opinions and experiences. If your campaign involves creators, this walkthrough of FTC disclosure rules for influencers is a useful reference for what must be disclosed and how.

Visuals, stock and brands in frame

Every image is somebody's work until proven otherwise. Check these four situations on every board.

Stock footage and photography. A stock license is a contract with limits. Look at the media types, the term and whether recognizable people in the clip have releases that cover advertising use, not only editorial use. Our comparison of stock footage sites for agencies covers what to look for.

Artwork in the background. A mural, a poster or a sculpture can be protected. If it is more than incidental, either license it or reframe.

Logos and products. Showing a competitor's product in an unflattering light, or a brand next to your client's claims, is a legal conversation. The easiest fix is to dress the set with generic or custom-made props.

Newsworthiness is not a shield. Historical or cultural themes do not make a commercial use free. The New York Court of Appeals decision on an ad that traded on a person's likeness is a reminder that courts look at whether the use is really promoting a for-profit product.

Locations and permits

Location clearance is the dullest part and the one most often skipped on small shoots. Get a signed location agreement from the property owner for any private space. For public spaces, check with the city or county film office for permit rules, which differ by jurisdiction. Note any recognizable signage, art or architecture inside the shot and treat those as visuals to clear.

If you shoot across multiple sites, a remote or distributed setup adds paperwork. Our remote video production workflow guide shows how to keep releases and location documents consistent across crews.

Claims: the clearance nobody storyboards

Clearing the creative is not the same as clearing the message. The FTC's advertising substantiation policy states that advertisers and ad agencies need a reasonable basis for their claims before the ads are disseminated. That applies to express claims ("cuts costs by 40%") and implied ones (a scientist in a lab coat).

Build a claims sheet into every script review:

1. List every factual statement, including numbers, superlatives and comparisons.
2. Ask the client for the evidence behind each one.
3. Flag any health, safety or performance claim, which usually needs stronger proof such as objective tests by qualified experts.
4. Keep the file with the clearance log.

Note that the policy places the burden on agencies as well as brands. That is a good reason to build this check into your own process rather than leave it to the client.

Who owns the footage when the shoot wraps

Clearance also runs backward. You need to make sure your client owns what it paid you to make. The Copyright Office's basics circular covers work made for hire, which is a specific legal status and not a synonym for "commissioned." Without a clear written agreement, a creator may retain ownership of the material.

So every contract in the chain, with directors of photography, editors, composers, illustrators and VFX artists, should state one of two things: that the work is made for hire where the law allows it, or that the rights are assigned to the commissioning party in writing. Agencies that skip this step find out during a rebrand, when the client wants to reuse footage and a freelancer says no.

A timeline that avoids last-minute panic

The first person you contact rarely controls every right. A publisher may split a song among several co-publishers, and a rep may refer you onward. The Copyright Office advises starting as early as possible to leave time for research and referrals. Also verify current ownership in official records rather than trusting credits, since copyright can be transferred.

Track all of it somewhere shared. A spreadsheet works for a small job, but bigger campaigns benefit from tooling, and our look at production management software for agencies lays out the options.

Our perspective: clearance is a creative constraint, not a legal afterthought

We work as a production partner inside agency creative teams, and the pattern we see is consistent: the spots that clear smoothly were designed with clearance in mind. The ones that struggle began with a reference the team could not afford or could not get.

That is why we push the conversation into concept. When a director falls for a song that will never clear, we would rather find that out in week one than week six. When a campaign needs thirty or more cutdowns and variants, we plan the license scope for those assets before the shoot, not after. Our approach to dynamic video creative is built that way: one shoot, many outputs, one set of permissions that actually covers them.

There is a second reason to care. A cinematic look is a craft decision, and clean rights are what let you run it for the full flight without a surprise. We would rather commission an original score and cast a distinctive face with a proper release than lean on borrowed equity.

The short version: treat every unclear element as a design problem to solve early, and treat paper as part of the production, not an overhead on it.

— Steven Reina

When to bring in a production partner

If your team is stretched, clearance is one of the first things to slip. MINIM integrates with agency creative teams to carry campaigns from concept through final delivery, including creative strategy, screenwriting, photography and film, and visual effects. We plan production with the paperwork in mind, so the finished spot arrives with what your client's counsel will ask for. See our full list of services or browse recent work to see how we approach campaigns.

Common mistakes to avoid

• Cutting to a temp track and never replacing it. The client falls in love with it. Replace it early or clear it early.
• Assuming "royalty-free" means unlimited. It usually means no per-use royalty, not no restrictions.
• Treating background people as props. If they are identifiable, get releases.
• Ignoring term dates. A spot that outlives its licenses becomes a liability. Track expirations.
• Skipping the claims check. A cleared creative with an unsupported claim is still a risk.

FAQ

What are ad rights?

Ad rights are the permissions you need to use someone else's property or identity in an advertisement. They include copyright licenses for music, images and scripts, publicity releases for people, and permission for logos or artwork. Each right has its own owner, scope and term.

What are commercial use rights?

Commercial use rights are a license, granted by an owner, to use a work or likeness to promote a product or service. They are usually limited by media, territory and time. A license for editorial or personal use does not carry them automatically.

Do I need a license to use a song in a social media ad?

Yes. Using a commercial recording requires a sync license from the publisher and a master use license from the label, whatever the platform. A platform's in-app music library may carry its own terms that cover personal use but not paid advertising, so check the terms before you run it as an ad.

Who is responsible for clearance, the agency or the brand?

It depends on your contract, so decide it in writing before production. In practice, both can be exposed: the FTC's substantiation policy explicitly names agencies alongside advertisers. Many agencies handle clearance and hand over a documented package, with the brand's counsel reviewing.

When should I start clearing an ad?

Start during concept. Rights holders can take weeks to respond, and the first contact often leads to others. Early starts also leave room for a Plan B if a request is declined or priced out of reach.

Sources

• Circular 16A: How to Obtain Permission, U.S. Copyright Office
• Circular 1: Copyright Basics, U.S. Copyright Office
• How To Acquire Music For Films, ASCAP
• Music use in campaigns, ASCAP
• Publicity, Wex, Legal Information Institute
• Newsworthiness and advertising decision, New York Court of Appeals
• 2025 Commercials Contracts, SAG-AFTRA
• Use of Endorsements and Testimonials in Advertising, FTC
• FTC Policy Statement Regarding Advertising Substantiation

Recommended

• Rights Management for Video: A Clearance Guide for Agencies
• Producers: Talent Usage Rights, SAG‑AFTRA, MINIM & 20–300%
• Casting for Commercials: What Agencies Must Require