Music licenses for non-original music used in a film production
How are music licenses obtained for non-original, pre-recorded music used in a film production? A lawyer explains.
Dave Stern: For original music such as a composer who creates a score for the production, you would typically engage the composer directly and have them sign a composer agreement or a deal memo to ensure that the production has the necessary IP rights to the music and sync it with the production and exploit it however they need to.
For non-original music, you would look to obtain a license to the non-original, pre-recorded music, whether it’s a known track or otherwise, to get the synchronization rights, which basically allow you to use the track in whole or in part and sync the track with the actual production. In a lot of cases, especially for established artists and writers and music generally, you would be looking to obtain those rights through two different avenues. There might be:
- An entity that owns the master recording of that track (e.g., the record label)
- An entity that owns the written component (composition) of the track (e.g., the writers, the publishers)
So, in this scenario, you would be giving a synchronization license deal with respect to the composition to the writers/publishers and then a nearly identical agreement to the owner of the master recording of that track, which is often the record label. In most cases, the terms are identical and the fees should be similar or identical as well.
Dave Stern is an entertainment lawyer and partner at Blaney McMurtry LLP
What is the difference between a master use license and a synchronization license?
Byron Pascoe: There are two specific permissions that are needed when music is in a production:
- The recording
- The composition
For the recording, or master, you need the rights to include the recording in the production. A master use license is a license/agreement/permission to use the recording.
On the composition side, the term that is used is a synchronization license; it’s the right to use the composition. Sometimes, synchronization refers to both sides: the recording and the composition, but if we’re comparing master use and synchronization licenses, the master use license refers to the recording and a synchronization use license refers to the composition.
As a producer of a production, you need to get a master use license from whoever owns or controls the recording AND you need a synchronization license from whoever owns or controls the composition. Collectively, it may be a “master use and synchronization license” if you’re dealing with, for example, an independent artist who owns their own recordings and wrote their own compositions.
So, oftentimes they’re together and oftentimes they’re apart; sometimes it’s the same person, sometimes it’s different people to contact to get each of those licenses. Master use license = recording. Synchronization license = composition.
Byron Pascoe is an entertainment lawyer and partner at Edwards Creative Law
Are you a producer in Canada or the US? Get a quote for producer’s E&O insurance here.
Related:
- Blurred Lines lawsuit
- What role do music credits play?
- What about when a producer is unable to obtain music rights?
- Clearance procedures – E&O
- YouTube: Errors and omissions insurance (E&O) – Dave Stern
- YouTube: Errors and omissions insurance (E&O) – Byron Pascoe
About: Based in the heart of Toronto’s financial district, Blaney McMurtry LLP is one of Canada's premier law firms. https://www.blaney.com/
About: Edwards Creative Law - Canada's Entertainment Law Boutique™
We’re entertainment lawyers who understand the business of creative industries. We guide creators and business professionals as they navigate the legal complexities of working with others—purchasing, financing, creating, licencing, and protecting creative properties, buying and selling creative services.
We act for clients from across Canada and around the world – working in Canada with Canadians. We advise on and structure their commercial transactions, their employment and independent contractor relationships. We incorporate and administer their corporations. And, if necessary, we resolve their disputes.
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