Music perfectly complements the story hidden in photos and can instantly transport clients back to the emotions they felt during the session. However, to build this unique atmosphere completely safely, it is worth remembering the legal issues related to background music. We have prepared a short guide that explains how to legally and stress-free use the new feature of uploading your own music files.
1. What is copyright and how does the law protect it?
Copyright is a set of rights granted to the creator (composer, lyricist, performer) for the work they have created. These rules are standardized across the entire European Union – among others, under Directive (EU) 2019/790 on copyright in the Digital Single Market – which guarantees the same protection for creators regardless of which EU country you operate in.
These provisions are directly implemented into national legislations (such as the Polish Act on Copyright and Related Rights).
Under EU and national law, every musical work from the moment of its fixation (creation) is subject to strict protection against unauthorized use, copying, and distribution. This means that no one can use someone else's composition for purposes other than private listening unless they have the express consent of the author or an appropriate commercial license.
2. Why is it worth paying attention to this?
As a photographer, you know the value of creative work very well. You protect your copyright every day – you care that no one publishes your frames without permission, removes your watermark, or uses them commercially without buying an appropriate license.
The same principle applies to music and its creators. By respecting the copyright of musicians and composers, you not only act in accordance with the law, but you also build a professional brand image. In this way, you set a great example of the attitude you expect from clients toward your own photographs.
Remember that a "work" is any manifestation of creative activity of an individual nature, fixed in any form, regardless of value, purpose, or manner of expression - which means your photos are also a "work" within the meaning of copyright law.
3. Why can't you use popular radio hits?
It may seem that adding a favorite song from the radio or a song by a famous band to a wedding gallery is a great idea. Unfortunately, from a legal standpoint, this is not allowed.
Private listening vs. commercial use: purchasing a CD, MP3 file, or paying a subscription on services such as Spotify or Apple Music gives you the right exclusively to listen to music privately
Lack of license: sharing a photo gallery with a client (often combined with a presentation of your portfolio) is treated as public playback and an element of business activity
Collective Management Organisations (CMOs): Radio songs are protected by record labels and European copyright management organizations (such as Germany's GEMA, France's SACEM, or Poland's ZAiKS). Using a well-known hit without a costly commercial license risks severe financial penalties, regardless of which EU country you publish in.
4. Harness the potential of AI and create your own unique sounds!
The ability to upload your own audio file is a huge opportunity to make your galleries stand out! You don't have to limit yourself to popular, repetitive tracks.
Today, thanks to modern technologies, you can easily generate your own music using AI tools (such as Suno, Udio, or other generators).
Why is this a great solution?
Perfect match: you can create a track that adjusts tempo, instrumentation, and mood exactly to the character of your session (from nostalgic piano to cheerful acoustic guitars).
Complete uniqueness: your gallery will gain a soundtrack that the client will not hear anywhere else.
Safety: by generating a track in an AI tool (under a paid plan offering a commercial license) or composing it yourself, you hold full rights to use it.
Summary
The new music addition feature was created so that your galleries impact the senses and emotions of recipients even more strongly. However, remember responsibility – reach for tracks from free databases under appropriate licenses, compose your own sound backgrounds, or generate them using AI. Thanks to this, you will create an extraordinary setting for your photos in a 100% legal and safe way!