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Sync Licensing: Getting Music Into Film, TV, Games and Ads

sync licensing

Sync licensing is the permission needed to place a piece of music alongside moving images, such as a film, TV episode, advert or video game. It means clearing both the recording and the composition.

This guide explains how those licences work for independent artists, and it sits within the wider picture of how the music industry works, where labels, publishers and collection societies each control a different part of the rights.

What a sync licence covers

The UK Intellectual Property Office describes the idea plainly: to use a recognised piece of music in an advert or similar production, a licence is needed unless the copyright has expired, and this is often referred to as a synchronisation licence or “sync licence”, which allows a rights holder’s music to be used in sync with moving images. The same page notes that this can happen across feature films, TV, advertising, games and corporate videos.

The word “sync” comes from the fact that the music is locked to the picture. WIPO’s guide for independent filmmakers explains that reproduction rights are also called synchronization rights, because the recorded music is copied into a soundtrack that is synchronized with the visual images. In practice the licence is a written agreement that names the production, the scenes, the territories and the period of use.

A sync licence is different from the payments that follow a broadcast. It is permission to put the music into the production in the first place, and the royalties that arise when the finished work is shown are a separate matter, covered further down.

Two rights, two owners

A finished song contains a composition and a sound recording, and each has its own owner. The IPO explains that publishing rights cover the composition and lyrics and can be licensed from the music publisher who represents the writers, while master rights are for the actual sound recording and can be licensed from the record label that represents the artist. Industry usage often calls the recording-side permission a master use licence, and WIPO notes that licences are sometimes referred to as “master use” licenses.

That split is why a placement is rarely a single signature. WIPO says a filmmaker using recorded music normally must contact two groups of rightsholders: the record label, which owns the recording, and the publisher, which owns or represents the lyrics and composition.

sync licensing cinema
A dark cinema with red seats and a projector beam.

For an independent artist who writes and releases their own music, the two owners may be the same person. That is the exception rather than the rule across the industry: WIPO observes that a song with a single right owner would be ideal for the producer, but that is very rare. Understanding who owns what in your own catalogue, which the guide to music copyright covers, is therefore the first practical step.

Who actually grants the licence

In most cases the publisher and the label, or the artist where they own their own masters, grant the two permissions directly. WIPO points out that record labels and publishers usually ask authors and performers to approve a synchronization licence, since they may object to their music appearing in certain works or being used in certain ways. An artist or writer can therefore have a say even when a company signs the paperwork.

Collection societies can help in finding the right people. The same guide says the quickest way to find out who owns the rights is through collective management organizations, which have access to global databases. In some territories a society also issues the licence itself: Finland’s Teosto, for example, offers a licence that gives the right to incorporate music in moving images for a single audiovisual production.

Co-writers complicate things. WIPO states that authorization from a single co-author does not allow use of the lyric, music or recording, and calls it an all-or-nothing situation. Songs written with collaborators need everyone’s agreement, which is why written split sheets matter long before a request arrives.

What shapes the terms and the fee

There is no standard rate card. WIPO lists the factors that affect the licence fee beyond how successful the music is: how intensively the music is used, how it appears in the content, where and in which distribution windows the work will circulate, and whether it is used in promotion and marketing. A short background cue in a web video and a featured song in a global advert sit at very different ends of that range.

A request is also expected to be specific. The same guide says producers must describe the scene, the distribution windows and territories, and whether the music is used in context or also out of context for advertising purposes. Types of use are usually classified as opening theme, closing theme, character theme, performance or background music.

On the pricing relationship between the two rights, WIPO notes that record labels usually charge the same amount the publisher or author is paid. Because contract wording and territory rules differ, a qualified music lawyer or adviser is the right person to check a specific agreement; this guide is general information rather than legal advice.

Music libraries and pre-cleared catalogues

Many productions skip individual clearance and use a production music library. The Production Music Association describes libraries as organisations that license music on a “blanket” or “per use” basis to users who need music for television programs, movie trailers, network promotions and corporate videos.

The appeal for a production is convenience. In the same filing, the association explains that its member libraries own the recording rights and publishing rights to the music they represent, which allows “one-stop” shopping for the sync and master permissions; only the public performance right is licensed separately, mostly through the performing rights organisations. The filing is dated, so terms in current library contracts should always be read directly.

For an artist, placing tracks with a library usually means handing over some control in exchange for access to those buyers. Whether the deal is exclusive, how long it lasts, who registers the publishing and how fees are split all vary by contract, which is the main reason to read the terms carefully, and to keep any tracks already committed elsewhere out of the offer.

Cue sheets and the royalties after the placement

Once a track is in a finished production, the paperwork continues. WIPO explains that a cue sheet is a document listing all the music used in the production, and that it serves as a reference for licensing the public performance right when the film is distributed. Sync licences commonly oblige the production company to credit the song and to list it on the cue sheet.

That list is what lets societies pay writers and publishers when the production is broadcast or streamed. Those payments belong to the performance side of the business, which the guide to music royalties breaks down. In Canada, SOCAN adds that post-sync royalties are in addition to sync royalties and existing performing rights, because every time an audiovisual work is copied, so are the musical works inside it.

The practical lesson is to register songs with a performing rights organisation and to make sure the metadata on the track matches the registration, so a cue sheet can be matched to the right payee.

Preparing music for sync as an independent artist

The documents above point to the same preparation. Know who owns the composition and who owns the master, keep written agreements with co-writers, and make sure no earlier deal restricts the track. WIPO adds that the number of authorizations needed usually means longer periods of time, so a catalogue where ownership can be confirmed quickly removes a source of delay.

It also helps to understand that placements differ in value. A credited feature, a background cue and a library placement pay in different ways, and the performance royalties that follow may matter as much as the up-front fee. Whatever the route, read what rights an agreement transfers before signing.

Frequently asked questions

Do I need permission to use a song in my own video?

Yes, unless the copyright has expired or the music is licensed to you for that use. The IPO explains that a licence is needed to use protected music with moving images.

What is the difference between a sync licence and a master use licence?

A sync licence concerns the composition and lyrics and comes from the publisher, while the master use licence concerns the recording and comes from the label or whoever owns the master, as the IPO describes.

Can a collection society issue a sync licence?

Sometimes. Many societies focus on public performance, but WIPO says some have authorization to license, and Teosto in Finland issues production-specific sync licences.

What is a cue sheet?

It is a document listing all the music used in a production, and it supports performance licensing when the production is distributed.

Does an artist always get a say in a placement?

Often, though it depends on the contract. WIPO notes that labels and publishers usually ask authors and performers to approve the licence.