Using songs without permission in advertising can cost up to $1,750 million. Recent cases include Lula da Silva using Bad Bunny’s “Lo que le pasó a Hawaii” in a political campaign and Gap incorporating Miley Cyrus’s “The Climb” in an advertisement. These examples highlight the growing role of music in communication strategies.
Using a song in commercials, videos, or social media posts requires specific licenses. Simply crediting the artist or paying public performance rights is not enough. Synchronization rights to combine music with visuals and permission to use the original recording are also necessary.
According to Tatiana Hernández García, a senior consultant lawyer at Sescol Tax & Legal Abogados, these permissions must be managed with the rights holders, including authors, composers, music publishers, and record producers, as applicable.
Hernández explained the difference between public communication and synchronization. Public communication allows music to be played for an audience, such as in commercial establishments or events. Synchronization, however, authorizes a song to be incorporated into audiovisual works, like commercials and advertising videos.
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Paying to collective management societies like Sayco and Acinpro does not replace the specific licenses needed for a campaign. This obligation also applies to political propaganda.
The financial consequences are significant. Article 271 of the Penal Code provides for sentences of four to eight years in prison and fines between $46.7 million and $1,750.9 million (26.66 and 1,000 current monthly minimum legal wages) when a crime is committed. In civil matters, Decree 370 of 2026 stipulates pre-established indemnifications between 10 and 50 minimum wages.
Ivonne Aristizábal Rojas, director of Legal Affairs at Aristizábal & Rodríguez Legal Partners, noted that the political purpose of a piece does not exempt candidates, parties, or campaigns from complying with copyright laws.
Using a song without authorization can violate the rights of its holders, and modifying it for electoral purposes can also compromise the creator’s moral rights. Furthermore, using a song to suggest an artist endorses a candidate or party can affect rights such as good name, honor, and image. In these cases, consequences extend beyond music rights. The artist may demand the removal of the advertisement and pursue legal action.
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