Music Licensing

Music Licensing | By Yakira Levi

Music licensing is giving someone else, permission to use your music. Some of the most popular licenses requested by today's music-makers include the mechanical license, derivative use or parody licenses, sample clearances, and the synchronization license. A compulsory mechanical license gives one the right to record and distribute someone else's recordings, after giving them a written notice, and paying a statutory royalty rate on each record made, and distributed. The derivative use or parody license grants one's requests to record and make changes to a song that was previously released. A sample clearance gives one permission to use a piece, clip, or sample of an original song and manipulate the original clip of music with or without other sounds to create a new piece of music. A synchronization license gives one the right to "sync" or synchronize music, by editing it into a production, along with video, images or content.

A compulsory license is legally granted to anyone, whether the song owner or publisher likes it or not. Section 115 of the Copyright Act states, that once a copyright owner voluntarily releases a song in the United States, any other person has the right to obtain a compulsory license to make and distribute recordings of the work. You can re-record and distribute a previously released song, as long as you don't change the lyrics, melody, and fundamental character of the work. Compliance with the law requires one to send the owner a written notice of intent to use the song, to keep accounting records of sales, and give the accurate payment for usage. One is not allowed to use parts of the original sound recording or samples of the music or words unless the owner gives permission. The copyright owner or publisher receives the statutory royalty rate on records sold and distributed.

A mechanical license gives one the right to reproduce and distribute copyrighted musical compositions. The mechanical right gives one permission to duplicate or reproduce copies of copyrighted music in the form of a cassette tape, vinyl record, CD, or digital download. These copies are usually sold and distributed for profit. The license grants the owner or publisher of the song the right to be paid for each record sold. The current mechanical rate is 9.1 cents on a song 5 min or less or 1.75 cents per minute on songs longer than 5 minutes. Mechanical licenses can be negotiated directly with the publisher for a lower rate.

Most popular songs contain a musical composition and a set of lyrics. Some songwriters have been known to create songs by recording new original lyrics, with pre released musical compositions. In this scenario, the new song compiled of old music and new words now becomes a derivative of the original song or a parody of the original composition. Parody and derivative use licenses must be requested directly from the owner or publisher of the original song. There is no law in place to grant access to recording a derivative work. The owner or publisher of the original song can approve or deny a derivative use license as they see fit.

The synchronization license is requested by a producer, from a publisher to use music in a music video, film or motion picture, television program or commercial announcement. To obtain this license, one must ask the owner of the song/publisher for permission to use the musical composition. It is illegal to use a musical composition that the owner denies the request for a sync license. Using someone else's music without permission is called copyright infringement. When asked, most publishers are eager to issue a sync license. The agreement usually yields income to the publisher and the song writer. An example of why a publisher might deny a producer the license to use a song could include, the fact that the intended use of the song goes against the moral or creative direction of the publisher. Another reason for denial of a license could be that the producer just cannot afford to pay the fee. Music licensing can be daunting. When in need of assistance give us a call. 
Sync Licensing Video

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Contact: Yakira Levi
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