1. WHEN DO I NEED TO GET A LICENSE?
If you are using a copyrighted piece of music (music owned by another) and if you are making a reproduction of that music in connection with the following, you must get permission to use the composition from the copyright owner:
Commercials
Karaoke
Television Programs
Motion Pictures
Theatrical Productions
Music Boxes
Corporate Videos
|
Samples
CD's / Cassettes
Adaptations
Computer Software
Parodies
Printed Sheet Music
Internet
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There may be other instances where a license is required. When you are considering the use of any copyrighted music, you should seek the advice of a professional music clearance and licensing company experienced in the intricacies of music licensing.
2. WHAT KIND OF LICENSE DO I NEED?
Your particular requirements for the use of the music will dictate the type of license you will need. In all cases, however, you will have to contact the copyright owner or the person who controls the rights to the composition. If you are using a sound recording, you music obtain a license from the owner of that specific recording. If you are licensing a song for use in a motion picture with the potential for the song to be released on a soundtrack album, pre-existing songwriter agreements and record contracts may have a profound impact on secondary-use licenses.
There are several different types of licenses that you may need, depending upon your specific requirements:
- Synchronization License
- Master Recording License
- Mechanical License (for CDs, cassettes, record albums)
- Videogram License (for video cassette, optical laser disc, home video product)
- Print License (sheet music, music folios)
- Grand Rights License (permission to perform a song dramatically)
- New Media License (computer software, Internet)
- Performance License (permission to perform a work publicly)
3. WHAT IS A SYNCHRONIZATION LICENSE AND HOW IS IT DIFFERENT FROM A MASTER RECORDING LICENSE?
Often referred to as a "Synch" license, a Synchronization License allows the user to reproduce a musical composition "in connection with" or "in timed relation with" a visual image, e.g., motion picture, video, advertising commercial.
For example, if you wish to use the song, "Ain't Nothing Like The Real Thing" on a beverage commercial, you must first obtain a Synchronization License from the copyright owner of the music.
However, if you want to use the song, "Ain't Nothing Like The Real Thing" recorded by Marvin Gaye and Tammy Terrell, then you must also obtain a Master Recording License from the copyright owner of the sound recording. There is a distinct difference between a Synchronization License and a Master License, requiring two separate negotiations. If you need the master rights, you must always secure the synch rights along with it. However, you may choose to rerecord the song to your specifications, in which case you will only be required to obtain the "Synch" rights.
4. CAN I CHANGE THE LYRICS?
NO! Not even one word! Most composers feel very protective about their songs and rightly so. If it is your intent to make any lyric changes, or any adaptation of the music, you must first get permission from the copyright holder. This will, more than likely, necessitate obtaining permission directly from the composers, their management, their attorneys or their estates. Parody lyrics must go through the appropriate approval process before incorporating them into the song.
5. HOW DO I GO ABOUT GETTING A LICENSE?
The process of licensing begins with extensive research into the ownership of the composition and/or the actual recording you are contemplating using. It is extremely important that you have a clear idea of the nature and scope of the terms that you need. Once it has been determined what type of license is required for your project, the task of clearing the music and negotiating the license begins. It is advisable to consult a music clearance and licensing expert as early as possible to help you determine your licensing needs and to commence the licensing process.
6. HOW LONG DOES IT TAKE?
Many factors contribute to determining how long it will take to negotiate a license. Depending upon the particular song and the scope of the license, it may take anywhere from a few days to several weeks to research, negotiate and finalize a music licensing agreement.
Numerous companies administer the copyrights for artists and publishers. In most cases, there are contractual obligations that must be adhered to when discussing license fees with potential users of music. The composers or their estates may need to be contacted directly for approval. Attorneys are often involved in the decision making process. In cases, where an obscure song or recording has been chosen, just finding out who owns the copyright can be a task unto itself.
Using an established music clearance and licensing company can speed the process of obtaining a favorable license. Signature Sound, Inc. has extensive experience and established relationships with music publishers, attorneys, record companies and music business affairs executives. Knowing what questions to ask, how contracts should be structured, and how to deal with problems arising from a complex set of circumstances will result in a speedy and successful conclusion to your music licensing project.
7. WHAT ABOUT UNION FEES?
If you choose to license an existing recording of a song, in most cases, you will be obligated to pay certain union and/or guild costs in addition to the synchronization and master recording license fees. These are generally considered re-use fees since you are taking an existing recording and re-using it for another purpose. In such cases, you may be required to pay musicians' fees through the American Federation of Musicians (AFM) and singers through SAG and/or AFTRA. Appropriate parties must be contacted to determine the specific fees. Signature Sound, Inc. can assist you in budgeting these costs.
8. WHAT IS A SOUND-ALIKE?
A sound-alike is a recording which mimics the unique sound or style of a particular recording artist. Unless specific permission is granted in advance, sound-alikes should be avoided at all cost. Even if you have obtained a synchronization license, this does not entitle you to make a sound-alike recording similar to the original. Many lawsuits have been won by the original performer in sound-alike cases.
9. HOW DO I KNOW WHETHER OR NOT A COMPOSITION IS IN THE PUBLIC DOMAIN?
A work is in the public domain if copyright protection has expired or if copyright protection was never secured. Determining whether a work is in the public domain is actually a complicated legal issue based on copyright laws which differ in many countries. A work that is in the public domain in the United States may be protected elsewhere. Arrangements of public domain works may also be copyrighted.
Unfortunately, there is no resource to definitively identify PD material. One must be extremely cautious before assuming that a work is in the public domain. The issue of public domain status, duration of copyright and copyright renewal is very complex and these issues must be researched very carefully to avoid copyright infringement.
Signature Sound, Inc. can research and identify PD material or clarify the PD status of a composition you are planning to use. We can also provide a list of PD compositions appropriate for your project.
10. WHY CAN'T I LICENSE THE SONG I WANT TO USE?
It is possible that a request for a license may be denied. Denial can be for many reasons. The composer may not want to associate himself with a particular product or project. In some instances, the publisher may feel that the exposure of the song will preclude its future use by someone else. In other instances, the cost to license a particular piece of music may be prohibitive. You may also find that the song you wish to use is currently licensed by someone else who has contractually restricted its use by others.
Signature Sound, Inc. can help you locate an appropriate alternative composition, taking into consideration your creative and budgetary requirements.
11. WHO CAN I TURN TO FOR HELP?
Signature Sound, Inc. will identify the copyright owners of the works you
wish to use.
Signature Sound, Inc. will determine which music rights you need.
Signature Sound, Inc. will negotiate the most favorable costs for the use of the music in your project.
Signature Sound, Inc. will guide you and help you to avoid costly
mistakes.
Signature Sound, Inc. will help you find the appropriate piece of music for
your project.
Signature Sound, Inc. will determine if a song is in the public domain.
Signature Sound, Inc. will remind you of approaching renewals on songs
you have already licensed.
Signature Sound, Inc. will save you time and money by securing the
most favorable license fees in the shortest amount of time.
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