Learn About Music Licensing
Music licensing is a crucial step towards both protecting and monetizing your creative work. It opens the door to new revenue streams, as you can earn income when your music is used in films, TV shows, advertisements, video games, and more! Understanding music licensing also allows you to maintain control over how your music is used, ensuring it aligns with your personal and artistic values. Moreover, having your music featured in various media can significantly boost your exposure and audience reach, potentially leading to further opportunities in your career. In essence, knowledge of music licensing arms you with the tools to both safeguard your artistic creations and strategically navigate the music industry for career advancement.
Let's go over the basics:
The story begins in the era of physical instruments and sheet music. Music first leaped from live performances into sheet music, and then to the realms of recorded sound and radio waves. This seismic shift created an urgent need: to protect and monetize the creative genius of artists whose work could now travel far beyond their physical reach.
Enter the stage: publishers. Initially a simple concept, publishing set the stage for musicians to benefit from their compositions beyond live performances, and allowed people to enjoy music that they themselves had not written. In the same way that an author writes a book, so too does a musician write sheet music, and to publish it they would turn to a publisher who took a certain portion of the proceeds.
Once the technology for recorded music and visual mediums arrived, the whole of copyright law rapidly evolved into a complex framework attempting keep pace with technological advancements. Copyrights, at their core, are about protecting creators’ rights. They ensure that creators get credit (and cash) for their work, be it in a vinyl spinning in a dim-lit room or a digital track playing on a smartphone. Unfortunately, technology moved so quickly that the copyright had no way to seamlessly move along with it, so we now have different types of copyrights and licenses depending on the application and use of a song.
Think of each type of license as a response to the new ways music was being consumed and shared at the time. They’re not just legal jargon; they’re the tools that empower artists and entrepreneurs to forge new paths, experiment with new formats, and create new experiences for music lovers.
The Types of Music Licenses
A synchronization or ‘sync’ license is required when music is used in sync with visual media, such as in films, TV shows, commercials, video games, or online videos. The sync license grants the licensee the right to pair the music with visual content. The fee for this license can vary greatly depending on factors like the duration of the music used, the platform where it will be shown, and the prominence of the music in the project. For instance, a song playing prominently during a movie’s climax may command a higher fee than background music in a commercial.
A mechanical license is necessary when a song is reproduced and distributed physically or digitally, like in CDs, vinyl, or digital downloads. A mechanical license allows artists or record labels to record and distribute a song that they did not write. The Harry Fox Agency in the United States is a notable organization that manages these types of licenses. The fees are typically determined by a statutory rate or a negotiated rate if the usage exceeds certain conditions set by law.
A public performance license is required when music is played publicly, whether live, through broadcasting (like radio or TV), or streamed (like in restaurants, shops, or through online platforms). Performing Rights Organizations (PROs) such as ASCAP, BMI, and SESAC* in the U.S. manage these licenses. They collect fees from businesses and venues that play music and distribute royalties to the rights holders. This license is crucial for songwriters and publishers to earn money when their music is played publicly.
*There are other PRO’s in other countries.
This license is needed alongside a sync license if you wish to use a specific recording of a song in a visual media project. The master license gives you permission to use a pre-existing recording, and is typically obtained from the record label or whoever owns the master recording rights. This is different from the sync license, which only covers the composition rights.
A print license is required for printing the lyrics or music of a song, like in sheet music. The publisher of the song typically manages these rights. This license is important for music educators, music book publishers, and anyone who wants to legally distribute printed music.
Music Licenses are Important for Influencers and Content Creators.
Music licenses are a crucial tool for influencers and content creators in today’s digital world, where multimedia content is king. Why?
- Legal Protection: The most immediate reason for obtaining music licenses is to avoid legal troubles. Using music without proper licensing can lead to copyright infringement, resulting in potential lawsuits, hefty fines, and negative publicity.
- Enhancing Quality and Engagement: Music significantly enhances the emotional impact and professionalism of content. Whether it’s a vlog, a gaming stream, or a social media post, the right music can elevate the quality of the content, making it more engaging and shareable.
- Building Brand Identity: Music helps in creating a unique brand identity. Consistent use of certain types of music or themes can make content more recognizable and relatable to the audience.
- Monetization: Platforms like YouTube have strict policies about copyrighted music. Using unlicensed music can lead to demonetization of videos, meaning creators won’t earn revenue from their content.
- Respecting Artists’ Rights: Ethically, it’s important to respect and support the musicians and creators by obtaining the proper licenses to use their work. This ensures that artists are fairly compensated for their work.
Which Music Licenses are Most Likely Used by Influencers and Content Creators?
- Synchronization (Sync) License: This is the most relevant license for influencers and content creators. A sync license is required when they want to include a specific piece of music in their video content. This type of license is crucial for videos on YouTube, Instagram, TikTok, and other social media platforms.
- Public Performance License: While this is typically more relevant for venues and broadcasters, it can also apply to live streamers, especially those who perform music live on platforms like Twitch or YouTube Live.
- Mechanical License: If a content creator is planning to distribute cover songs or their own recordings of existing music (e.g., on a podcast or in a video), they would need a mechanical license.
- Master License: In tandem with a sync license, if a creator wants to use a specific recording (and not just cover the song themselves), they would need a master license from the owner of the recording (often a record label).