Fashion Show Soundtracks: Music Licenses and Copyright

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

In the wake of the recent fashion weeks in London, Milan, and Paris, a legal issue has arisen regarding the use of songs during fashion shows. Playing music in a public space may require obtaining the appropriate licenses from copyright holders or organizations that manage performance rights, in order to ensure compliance with intellectual property law.

Music has become a central element in the narrative strategy of the fashion industry. The right soundtrack can transform a fashion show into a powerful sensory experience that not only sets the tone for the collection but also defines its atmosphere and rhythm. This attention to detail comes at a high price: some brands invest up to 500,000 euros to secure the licensing rights for globally recognized songs for a brief 20-minute show.

Alternatively, a growing 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 main challenges in selecting music for fashion shows is ensuring full compliance with copyright laws and licensing regulations. Organizers must obtain the appropriate licenses, permissions, and royalty agreements from rights holders. These may include composers, publishers, artists, and record labels.

Licensing requirements and costs can vary significantly depending on the origin, type, and duration of the track. To navigate this complexity, it is essential to plan ahead, set aside a budget for licensing fees, and seekadvice from legal professionals and music industry experts. This proactive approach helps avoid legal disputes, fines, or other penalties.

Since music is intellectual property, every song played during a fashion show is subject to various levels of copyright protection:

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

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

The public use of a song, whether in a live performance or online (e.g., live streaming, promotional videos...), requires both performance and synchronization licenses.

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 live-streamed performances or other fashion show videos.

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

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

Key Principles and Legal Frameworks for Music Licensing in the EU

Collective Management Organizations (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 legal framework governing music licensing is based primarily onthree key directives:

• Directive 2001/29/EC: Information Society Directive

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

• Directive 2014/26/EU: Directive on the collective management of rights

It regulates the operations of OGCs, ensuring transparency, fair remuneration, and efficiency in cross-border licensing among Member States.

Prior to the adoption of this directive, Italian law granted SIAE a legal monopoly on the collective management of copyright. This exclusive arrangement remained in effect until the 2017 reform, which opened the market to new operators. However, under the updated legal framework, only entities that meet the criteria of a CMO are authorized to manage copyright in Italy. This restriction has sparked an 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

It transposes the InfoSoc Directive and modernizes the EU’s copyright framework to address digital and online uses, such as live-streamed fashion 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 streamed live, Directive (EU) 2019/790 will extend this framework to the digital environment.

While the main EU directives and collective management principles governing music licensing have been established, several practical challenges remain.

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

Gray areas and legal challenges

One of the main challenges fashion houses face when organizing fashion shows in different European cities lies in the territorial nature of copyright. A song licensed for Italy during Milan Fashion Week may not be automatically licensed for France during Paris Fashion Week or for digital platforms. To address this issue, the EU is promoting greater coordination through initiatives such as the European Licensing Hub. This system connects collective management organizations (CMOs) to simplify the management of digital rights across member states.