Runway soundtracks vs. music licensing and copyright

Fashion shows have evolved into multimedia performances in which music plays a crucial narrative role. Yet beneath the glamour lies a complex legal framework governing the use of sound in public and digital spaces. This article explores the intersection between copyright law, music, and fashion.

Following the recent fashion weeks in London, Milan and Paris, a legal question arises regarding the use of songs during runway shows. Playing music in a public space may require obtaining the appropriate licenses from copyright holders or performing rights organizations to ensure compliance with intellectual property law.

Music has become central to the fashion industry’s storytelling strategy. The right soundtrack can transform a show into a powerful sensory experience that not only sets the tone of the collection, but also its mood and pace. This focus comes at a high cost: some brands spend up to €500,000 to license globally recognized tracks for a short 20-minute runway show.

Alternatively, an increasing number of fashion houses are collaborating with composers, producers, or DJs to create a unique soundscape. The goal is simply to create music that engages the audience and captures the essence of fashion.

Legal considerations

One of the key challenges in selecting music for fashion shows is ensuring full compliance with copyright laws and licensing regulations. Organizers must obtain the necessary licenses, permissions, and royalty agreements from rights holders. These may include composers, publishers, performers, and record labels.

Licensing requirements and costs can vary widely, depending on the song’s origin, type, and duration. To navigate this complexity, it is essential to plan ahead, set aside a budget for licensing fees, and seek guidance from legal advisors and music industry professionals. This proactive approach helps avoid legal disputes, fines, or other penalties.

Since music is an intellectual property asset, every song on the runway involves multiple layers of copyright protection:

• Composition rights: lyrics and melody (owned by the songwriter and publisher)

• Sound recording rights: the specific recorded performance (held by the record label)

Using a track in public, whether in a live performance or online (e.g., livestreams, campaign videos…), requires both a performance license and a synchronization license.

Types of licenses

• Public performance license: required to play recorded music in public spaces, such as fashion shows and events

• Synchronization license:  required when music is paired with visual content, such as in livestreamed shows or other fashion show videos

• Mechanical license: covers the reproduction of compositions in physical or digital formats

• Streaming license: applies when the event is broadcast or shared online

 Key Legal Frameworks and Principles of EU Music Licensing

CMOs

In Europe, music rights are managed by collective management organizations such as SIAE in Italy, GEMA in Germany, and SACEM in France. These organizations are responsible for issuing licenses, collecting royalties, and distributing payments to composers, performers, and other rights holders. CMOs typically operate on a nonprofit basis or are directly controlled by the rights holders themselves. This structure helps ensure that creators retain influence over how their works are used and monetized.

EU Directives

The EU’s legal framework governing music licensing is primarily based on three key directives:

• Directive 2001/29/EC: Information Society Directive

This Directive establishes the exclusive rights of reproduction, communication to the public, and making available to the public. Playing music during a fashion show constitutes a “communication to the public” and therefore requires authorization or a license from the rights holders.

• Directive 2014/26/EU: Collective Rights Management Directive

Regulates how CMOs operate, ensuring transparency, fair remuneration, and efficiency in cross-border licensing across Member States.

Before the adoption of this Directive, Italian law granted SIAE a legal monopoly over collective copyright management. This exclusive arrangement remained in place until a reform in 2017 opened the market to new entrants. However, under the updated legal framework, only entities that meet the criteria of a CMO are permitted to manage copyright in Italy. This restriction has sparked ongoing debate, particularly in response to pressure at the EU level and rulings by the CJEU (Case C-10/22 LEA v. Jamendo).

• Directive (EU) 2019/790: Copyright in the Digital Single Market

Supplements the InfoSoc Directive and modernizes the EU copyright framework to address digital and online uses, such as livestreamed runway shows or digital fashion campaigns.

In summary, the music used during a fashion show falls under the right of communication to the public as established by Directive 2001/29/EC. However, when such events are shared online or livestreamed, Directive (EU) 2019/790 will supplement this framework in the digital environment.

Now that the key EU directives and collective management principles governing music licensing have been established, several practical challenges remain.

Despite ongoing efforts to harmonize the system, the European music licensing landscape remains fragmented. This is particularly true in cross-border contexts and digital streaming

Grey areas and legal challenges

One of the main challenges fashion houses face when organizing shows in different European cities is the territorial nature of copyright. A song that has been cleared for use in Italy during Milan Fashion Week may not automatically be cleared for use in France during Paris Fashion Week or on digital platforms. To address this, the EU is promoting greater coordination through initiatives such as the European Licensing Hub. This system connects collecting societies to simplify digital rights management across Member States.