Licensing And Litigation: Navigating Brand Challenges In The Sonic Sphere
Published by: Michele Arnese | Forbes Agency Council on January 4th, 2024
After a slew of high-profile cases involving the likes of Bang Energy, Gymshark, Hilton, CNN and Peloton, the brand-focused licensing debate has come to a head with Twitter (X) being sued for $250 million by 17 music publishers. With plaintiffs including Sony Music Publishing, Universal Music Group, Warner Chappell, BMG and more, the suit claims Twitter (X) is rampant with copyright infringements, citing over 1,700 pieces of music. The social platform has filed to dismiss this case as of August 2023—however, I believe these music and brand-adjacent issues will continue to persist with the proliferation of audio-visual social media platforms like TikTok and Instagram.
Sound will always be a crucial component for brands as they approach both B2C and B2B marketing. Silence is not an option, and lawsuits lead to wasted time, tarnished reputations and mounting legal fees. Why worry about “personal” versus “commercial” use when considering sound for your brand? Owned music takes all doubt out of the equation.
The first step to owning sound and building sonic equity involves the distillation of a brand’s core values and characteristics into a versatile sonic identity. Our agency defines this creation of a brand’s audible manifestation as the Sonic DNA design process. A third-party partner can help with this, as in-house production tends to require astronomical budgets.
Typically, the process of finding a sonic branding agency and building out this adaptable sonic identity will require the brand team or representing agency to craft a brief that outlines specific goals, targets and guidelines. The more distinct the briefing, the better the sonic branding agency will be able to assess the client’s needs and reach the auditory core ethos of the brand. This briefing will typically be followed by a meticulous production and creative ideation process, leading to the creation of assets that will be analyzed and optimized by a thorough AI-fueled testing protocol. While this step is not universally followed in the process, forward-thinking agencies will understand the importance of establishing a testing protocol to quantify sonic impact and deliver properly vetted assets designed to fulfill and exceed client expectations. These efforts can produce a set of optimized sonic assets designed for a plethora of digital touchpoints with the essence of a brand in mind.
Consider the enduring legacy of the James Bond franchise as an illustrative case. The sonic components introduced back in 1962 for Dr. No feature prominently in contemporary Bond films, exuding remarkable flexibility and memorability. For each new addition to the series, popular artists are invited to create new music with the core Bond Sonic DNA, resulting in numerous modern adaptions with the same timeless sound and feel of past films. Brands can take this approach when building out their own sonic libraries.
Sonic storytelling is incredibly important for all brands as they look to differentiate themselves within their respective sectors. How can brands produce these owned sonic assets at speed to facilitate consistent implementation? Tech innovations, and specifically AI advancements, have made the creation of sonic assets at scale a possibility for global brands.
The Sonic DNA previously mentioned can be utilized in tandem with AI tools to produce varied, pre-licensed music designed for digital platforms and international markets, all while preserving brand identity. These advancements set the stage for brands to quickly create and implement quality sonic assets without the fear of legal action, highlighting AI’s potential to expedite creativity, while acting as a brand safety tool.
While few companies have the budget to commission custom soundtracks for every piece of social content, new platforms are emerging to allow teams to rapidly integrate ownable music across branded content. These solutions are not cost-prohibitive and will allow brands to incorporate their unique sonic signatures in marketing materials at a much wider scope than previously imagined. Generative AI has enabled brand-focused sound solutions designed for cross-market brand communication, solving issues from creation to implementation. These tools can be most effectively utilized after a brand establishes a unique sonic identity. Scalable branded audio content has never been more attainable and will revolutionize the sonic branding, advertising and marketing sectors in the coming years.
Alongside these implementation tools, other AI-driven tech has allowed for the improvement of brand sound analysis. New tools have been developed that can split voiceovers from musical tracks within advertisements, creating adaptable stems that are endlessly customizable. Accurate brand sound analysis and bespoke sonic stem-based assets have already started to improve the brand-owned music creation and curation process and will continue to revolutionize the wider ad industry as we know it.
Sonic branding has evolved from a hidden secret—known and utilized by the world’s most successful brands—to a must-have for any brand within a competitive industry. Investing in a comprehensive sonic strategy grounded in owned music and bolstered by cutting-edge AI technologies can yield significant returns for brands. The risk of facing legal action for improper usage of publisher and label-owned music has never been higher. Avoid potentially bankrupting lawsuits and costly licensing agreements by investing in brand-owned sound and innovative AI-driven sonic solutions.
