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Synchronization rights
View on WikipediaA music synchronization license, or "sync" for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize ("sync") their music with various forms of media output (film, television shows, advertisements, video games, accompanying website music, movie trailers, etc.).[1]
Copyright ownership
[edit]The rights to a composition or the "song", which is different from the studio sound recording,[2] are most often administered by the publishing company that represents the writer/producer. A sound recording has two separated copyrights: [3]
- the sound recording itself, also called the "master" sound recording; this is most often owned or administered by the record label;
- the composition of the musical work, which consists of the underlying lyrics and melody written by the songwriter; this is most often owned or administered by the music publisher.
Sync negotiations and fees
[edit]When an audio/visual project producer wants to use a recording in their work, they must contact both the owner of the sound recording (record label of the performer), and the owner of the composition (publishing company of the songwriter). In many cases, producers with tight budgets will elect to use a cover version of a particular song or work with independent artists in order to save money on the master side. In doing so they can ask the artist to write original music or submit music that would be considered "work-for-hire" where they would buy artist out of their master side.
Once the producer has made an inquiry with the copyright administrator (and additionally the record label if they choose to use a famous recording), the rights holder or administrator issues a quote, usually for a "one-time fee" (often called the "sync fee" or the "front end").[4] Negotiations for the licensing fee typically address how the work is being used, the length of the segment, the prominence of the cue (whether used as background music, the title track during the credits, or other uses), and the overall popularity and importance of the song or recording. Another point of negotiation is whether the sync license constitutes a "buyout" (i.e. whether or not the entity that will ultimately broadcast the production will be required to pay "backend" (performance royalty) fees).[5]
Sync licensing fees can range anywhere from free, to a few hundred dollars, to millions of dollars for popular recordings of songs (when the producer must pay for both the use of the sound recording "master" as well as the composition).[6] Sync rights have been considered a lucrative and major field of the music industry; music industry attorney Erin M. Jacobson stated that they had "really helped to keep things afloat and keep revenues flowing into the industry, especially in a business climate of some uncertain times."[7]
Some musicians have been known for being more selective over the works they license their music for. In some cases, they may also help to draw new or renewed interest in a song (especially with the current prominence of music streaming services).[8][7] Kate Bush licensed her song "Running Up That Hill" for the fourth season of the Netflix series Stranger Things, as she was a fan of the series; after its release, the song experienced a major resurgence in popularity afterward, and became her first number-one single in the UK since 1978.[8][9][10]
References
[edit]- ^ Leadsinger, Inc. v. BMG Music Publishing, 512 F.3d 522 (9th Cir. 2008).
- ^ Newton v. Diamond, 388 F.3d 1189, 1191 (9th Cir. 2004).
- ^ Plummer, Robert (4 January 2017). "Syncing feeling lifts music industry". BBC News Online. BBC. Retrieved 4 January 2017.
- ^ Wixen, Randall D. The plain & simple guide to music publishing (Third ed.). Milwaukee, WI. ISBN 978-1-4803-5462-3. OCLC 863695548.
- ^ "TV and Film Composers Say Netflix, Other Streaming Services Insist on Buying Out Their Music Rights". The Hollywood Reporter. Retrieved 2020-03-06.
- ^ "What Microsoft paid The Stones to help launch Windows 95". www.bizjournals.com. Retrieved 2019-01-18.
- ^ a b Wang, Amy X. (April 23, 2019). "Why 'Someone Great' Cast a Lorde Song Before Gina Rodriguez or Lakeith Stanfield". Rolling Stone. Retrieved 29 June 2022.
- ^ a b Tangjay, Jazz (June 1, 2022). "How 'Stranger Things' Landed Kate Bush's 'Running Up That Hill'". Variety. Retrieved June 1, 2022.
- ^ "Kate Bush becomes 3 x Official Chart Record Breaker as Running Up That Hill lands at Number 1". www.officialcharts.com. Retrieved 2022-06-29.
- ^ "Kate Bush heading to number one after chart rule reset". BBC News. 2022-06-14. Retrieved 2022-06-29.
Synchronization rights
View on GrokipediaOverview
Definition and Purpose
Synchronization rights, commonly referred to as sync rights, are the rights held by the copyright owner of a musical composition to authorize the synchronization of that composition with visual media, such as films, television programs, video games, or advertisements.[1] This license specifically pertains to the underlying musical work—encompassing the melody, lyrics, and structure—allowing its adaptation into an audiovisual format where the music is timed to align with visual elements.[4] Unlike rights related to sound recordings, sync rights do not cover the actual audio performance or production of the music itself.[5] The primary purpose of synchronization rights is to enable content creators, such as filmmakers and advertisers, to legally incorporate music into visual projects without infringing on copyright, thereby facilitating the enhancement of narrative, emotional impact, or branding through musical accompaniment.[6] By securing these rights, producers can pair pre-existing compositions with visuals to create cohesive multimedia experiences, ensuring that songwriters and publishers receive compensation for the use of their intellectual property.[7] This mechanism supports the music industry's revenue streams while promoting the broad dissemination of compositions in diverse media formats. A key distinction in sync rights involves separating the musical composition from the master recording: the former, controlled by publishers or songwriters, requires a sync license for visual synchronization, whereas the latter, owned by record labels, necessitates a separate master use license if a specific recording is employed.[8] For instance, in motion pictures, sync rights allow directors to underscore dramatic scenes with a song's composition to deepen storytelling, while in commercials, they help align music with brand messaging to evoke specific consumer emotions.[2] These rights stem from the exclusive copyright ownership of the composition, as outlined in copyright law.[1]Historical Context
The concept of synchronization rights emerged in the early 20th century amid the rise of cinema, particularly during the silent film era when theaters employed live musicians, such as pianists or orchestras, to provide improvised scores that aligned with on-screen action, foreshadowing the need for coordinated music-visual pairings.[9] This practice evolved significantly with the transition to "talkies" in the late 1920s, exemplified by the 1927 release of The Jazz Singer, the first major feature film with synchronized dialogue and music, which necessitated formal licensing agreements to reproduce and adapt musical compositions in timed relation to film visuals.[10] Initial sync licensing practices developed as copyright holders sought control over the use of their works in these new audiovisual formats, marking the origins of what would become a distinct licensing category.[11] Following World War II, the expansion of television and Hollywood's postwar production boom led to the professionalization of music supervision roles, where specialists began overseeing the selection and integration of licensed music into films and broadcasts to enhance narrative and emotional impact, as seen in the orchestral scores of the Golden Age Hollywood era (1930s-1950s). A pivotal legal milestone came with the 1976 U.S. Copyright Act, which explicitly defined audiovisual works under 17 U.S.C. § 101 as series of related images with accompanying sounds and granted copyright owners exclusive rights to create derivative works, including synchronizing music with visuals, under § 106(2), thereby formalizing sync rights within federal law and extending protections to sound recordings fixed after February 15, 1972.[12] This legislation addressed prior gaps in state-based protections, establishing a clearer framework for licensing musical compositions in timed relation to motion pictures and other media.[13] The 1980s brought further evolution through the launch of MTV in 1981, which popularized music videos as a primary medium, dramatically increasing demand for sync deals as artists like Michael Jackson leveraged visual synchronization to boost record sales and cultural visibility, transforming sync licensing into a lucrative revenue stream for publishers and labels.[9] Technological shifts in the 1990s and 2000s, including the advent of digital production tools and online streaming platforms, amplified this demand by enabling widespread distribution of audiovisual content and the proliferation of user-generated videos that incorporated music, often requiring sync licenses to avoid infringement, as platforms like YouTube and early streaming services navigated the reproduction rights under the 1976 Act.[14] In the 2020s, sync licensing has continued to evolve with the integration of artificial intelligence for track discovery and synchronization matching, expanded opportunities in digital advertising and social media content, and a focus on original music amid the growth of streaming platforms, as of 2025.[15] U.S. practices, rooted in this comprehensive copyright framework, have notably influenced international standards, with many Berne Convention countries adopting similar approaches to sync rights in audiovisual works despite variations in neighboring rights protections.[16]Legal Foundations
Copyright Ownership
Synchronization rights, also known as sync rights, form a subset of the copyright protections afforded to musical compositions, which encompass the melody, lyrics, and underlying structure of a song. These rights are initially owned by the songwriters or composers who create the work, but ownership often vests in music publishers through assignment agreements, where publishers act as assignees responsible for exploiting and licensing the composition.[17][18][1] Ownership of sync rights can be transferred via contractual assignments, such as publishing agreements, where songwriters grant publishers the authority to negotiate and issue sync licenses on their behalf. Performing rights organizations (PROs), including ASCAP and BMI, do not own sync rights nor issue sync licenses; instead, they administer public performance royalties and assist in locating publishers through repertoire searches to facilitate direct negotiations.[17][19][20] Income from sync licenses is typically divided according to standard publishing splits, where the total royalties are split evenly: 50% allocated to the songwriter's share (distributed among co-writers based on their agreed contributions) and 50% to the publisher's share (retained by the publisher or further split in co-publishing deals). This structure ensures that both creators and administrators receive compensation proportional to their roles in the composition's exploitation.[21][22][23] Upon the death of a copyright owner, sync rights in musical compositions pass to heirs or estates through mechanisms such as wills, trusts, or intestate succession laws, treating the copyrights as intangible personal property. For works created after 1978, termination rights—allowing heirs to reclaim transferred copyrights after 35-40 years—vest in the surviving spouse (50%) and children (50% split equally), or the executor if no immediate family exists. The estate of David Bowie, for instance, has managed sync licensing for his compositions since his 2016 death, distributing royalties to designated heirs as outlined in his will.[24][25][26]Scope of Synchronization Rights
Synchronization rights, also known as sync rights, encompass the exclusive authority granted to the copyright owner of a musical composition to reproduce the work in timed relation with audiovisual elements, thereby creating a derivative work under copyright law. This permission allows the synchronization of the composition—typically the underlying music and lyrics—with visual media such as films, television programs, advertisements, or video games, and extends to the public performance of the music within that integrated audiovisual context. However, these rights do not permit the standalone reproduction or performance of the audio track independent of the visuals.[27][28] Key exclusions delineate the boundaries of synchronization rights: they do not confer permission to use the actual sound recording, which requires a separate master use license from the recording's copyright holder. Additionally, public performance rights outside the audiovisual synchronization—such as broadcasting the music alone on radio or in live settings—are not covered and necessitate distinct licensing from performing rights organizations. The duration of these rights aligns with the general copyright term for musical compositions; in the United States, for works created on or after January 1, 1978, protection lasts for the life of the author plus 70 years, while many other jurisdictions, including those adhering to the Berne Convention minimum, follow a similar life-plus-70-years standard.[27][4][29] Synchronization licenses are inherently territorial, reflecting the jurisdiction-specific nature of copyright protection, and are typically granted on a country-by-country or region-by-region basis to match the scope of exploitation. Worldwide licenses, while feasible, involve greater administrative complexity and higher costs due to the need to coordinate multiple rights holders across borders. In jurisdictions recognizing moral rights, such as those in Europe under the Berne Convention, synchronization uses must respect the author's right to attribution—requiring identification as the creator—and the right of integrity, prohibiting derogatory alterations that could harm the author's honor or reputation, though these rights are inalienable and persist independently of economic transfers.[30][31][32]Licensing Process
Negotiation Steps
The negotiation process for synchronization rights follows a structured sequence designed to ensure all necessary permissions are obtained for using a musical composition in audiovisual media. This process requires direct communication with copyright owners, typically music publishers, and often involves coordination for related clearances.[5][7] Step 1: Identifying Rights HoldersThe first step entails locating the copyright owners of the musical composition, which are generally the music publishers. Rights holders can be identified using specialized databases such as ASCAP's ACE Repertory, BMI's Repertoire Search, or the Harry Fox Agency's publisher directory, which provide details on songwriters, publishers, and ownership splits.[5][33][34] Step 2: Submitting a Sync Request
Once identified, the licensee submits a formal synchronization request to the publisher, including comprehensive project details such as the medium (e.g., film, television, or online video), estimated budget, territory of distribution, intended usage duration, and specific placement (e.g., background or featured cue). This submission often occurs through email, online portals like Disco, or direct contact with the publisher's licensing department, allowing the rights holder to assess the proposal's fit.[5][7] Step 3: Review and Counteroffers
The publisher reviews the request, evaluating factors like the project's prominence and potential exposure, and may respond with an initial offer or request additional information. Negotiations ensue, potentially involving counteroffers on usage terms, and if the project requires both composition and sound recording rights, clearances for master use from the record label must be pursued concurrently to avoid delays. This phase emphasizes back-and-forth dialogue to align on scope while addressing any multi-party approvals.[5][7] Step 4: Drafting and Signing the License Agreement
Upon reaching mutual agreement, the publisher drafts the synchronization license, outlining the granted rights, and both parties review it—often with legal counsel—before signing. The agreement typically includes indemnification clauses to protect against third-party claims related to the licensed use. Final execution grants the licensee permission to synchronize the composition with visuals, subject to the specified terms.[5][7] In large-scale productions, music supervisors play a pivotal role by scouting suitable tracks, facilitating initial pitches to publishers and labels, and streamlining negotiations to expedite deals while ensuring creative alignment between the music and visual elements.[7]
