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Synchronization rights
Synchronization rights
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A 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]

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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]

  1. the sound recording itself, also called the "master" sound recording; this is most often owned or administered by the record label;
  2. 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

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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

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from Grokipedia
Synchronization rights, commonly referred to as sync rights, are the legal permissions granted by the copyright owners of a to synchronize that music with visual media, such as films, television programs, commercials, video games, and online videos. These rights protect the composer's interest in the underlying musical work, including and , and are distinct from the rights to the sound recording itself. Obtaining a typically involves negotiating a contract with the music publisher or songwriter, specifying terms like the scope of use, territory, duration, and exclusivity, to ensure compliance with law and avoid infringement penalties. In addition to the sync for the composition, a separate master use license is often required from the to use a specific recording of the , addressing the dual layers of music protection. The process of securing rights plays a crucial role in the music and industries, enabling content creators to enhance storytelling and emotional impact through licensed music while providing revenue streams for rights holders via upfront fees, backend royalties, and increased exposure. Fees for sync licenses vary widely based on factors such as the of the , the project's and prominence, the of the music clip used, and the distribution platform, with major placements in films or TV often commanding higher payments. Music supervisors and licensing agencies frequently facilitate these deals, identifying suitable tracks and handling negotiations to streamline the integration of music into visual productions. As proliferates, rights have grown in importance, offering artists new opportunities for monetization amid evolving streaming landscapes and global content distribution.

Overview

Definition and Purpose

Synchronization rights, commonly referred to as sync rights, are the rights held by the copyright owner of a to authorize the of that composition with visual media, such as , television programs, video games, or advertisements. This license specifically pertains to the underlying musical work—encompassing the , , and —allowing its into an format where the music is timed to align with visual elements. Unlike rights related to recordings, sync rights do not cover the actual audio or production of the music itself. 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 , thereby facilitating the enhancement of , emotional impact, or branding through musical accompaniment. 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 . 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 from the master recording: the former, controlled by publishers or songwriters, requires a for visual synchronization, whereas the latter, owned by record labels, necessitates a separate if a specific recording is employed. For instance, in motion pictures, sync rights allow directors to underscore dramatic scenes with a song's composition to deepen , while in commercials, they help align music with messaging to evoke specific emotions. These rights stem from the exclusive ownership of the composition, as outlined in copyright law.

Historical Context

The concept of synchronization rights emerged in the early 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. This practice evolved significantly with the transition to "talkies" in the late , exemplified by the 1927 release of , 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. 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. Following , 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 Hollywood era (1930s-1950s). A pivotal legal milestone came with the 1976 U.S. Copyright Act, which explicitly defined 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 and extending protections to sound recordings fixed after February 15, 1972. 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. The 1980s brought further evolution through the launch of in 1981, which popularized as a primary medium, dramatically increasing demand for sync deals as artists like leveraged visual synchronization to boost record sales and cultural visibility, transforming sync licensing into a lucrative revenue stream for publishers and labels. Technological shifts in the and , including the advent of digital production tools and online streaming platforms, amplified this demand by enabling widespread distribution of content and the proliferation of user-generated videos that incorporated music, often requiring sync licenses to avoid infringement, as platforms like and early streaming services navigated the reproduction rights under the 1976 Act. In the 2020s, sync licensing has continued to evolve with the integration of for track discovery and synchronization matching, expanded opportunities in digital advertising and content, and a focus on original music amid the growth of streaming platforms, as of 2025. U.S. practices, rooted in this comprehensive copyright framework, have notably influenced international standards, with many countries adopting similar approaches to sync rights in works despite variations in neighboring rights protections. Synchronization rights, also known as sync rights, form a subset of the copyright protections afforded to musical compositions, which encompass the , , 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. 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. 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. Upon the death of a copyright owner, sync rights in musical compositions pass to or estates through mechanisms such as wills, trusts, or intestate succession laws, treating the copyrights as intangible . For works created after 1978, termination —allowing to reclaim transferred copyrights after 35-40 years—vest in the surviving (50%) and children (50% split equally), or the if no exists. The estate of , for instance, has managed sync licensing for his compositions since his 2016 death, distributing royalties to designated as outlined in his will.

Scope of Synchronization Rights

Synchronization rights, also known as sync rights, encompass the exclusive authority granted to the owner of a to the work in timed relation with elements, thereby creating a under 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 of the music within that integrated context. However, these rights do not permit the standalone or of the audio track independent of the visuals. 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 holder. Additionally, public performance 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 aligns with the general 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 minimum, follow a similar life-plus-70-years standard. 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 , such as those in under the , synchronization uses must respect the author's right to attribution—requiring identification as the creator—and the right of , prohibiting derogatory alterations that could harm the author's honor or reputation, though these rights are inalienable and persist independently of economic transfers.

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 in audiovisual media. This process requires direct communication with owners, typically music publishers, and often involves coordination for related clearances. Step 1: Identifying Rights Holders
The first step entails locating the owners of the , which are generally the music publishers. Rights holders can be identified using specialized databases such as ASCAP's Repertory, BMI's Search, or the Agency's publisher directory, which provide details on songwriters, publishers, and ownership splits.
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., , 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 , or direct contact with the publisher's licensing department, allowing the rights holder to assess the proposal's fit.
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 must be pursued concurrently to avoid delays. This phase emphasizes back-and-forth dialogue to align on scope while addressing any multi-party approvals.
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 permission to synchronize the composition with visuals, subject to the specified terms.
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.

Fees and Contract Terms

Synchronization fees, also known as sync fees, are typically structured as upfront, one-time payments made by licensees to music publishers for the use of a composition in visual media. These fees can range widely, often from $5,000 to $500,000 or more for placements in major films, depending on the prominence of the usage and the project's scale. In addition to the upfront fee, backend royalties may apply for certain media, such as television broadcasts or streaming, where performance royalties for the composition are collected by performing rights organizations and split typically 50/50 between songwriters and publishers. Master recording owners may receive additional backend payments depending on the agreement, but not from performance royalties. Several factors influence the calculation of sync fees, including the song's , the project's , the prominence of the music's usage (e.g., featured in a key scene versus background), exclusivity of the , of distribution, and the type of media. For instance, fees are generally higher for television placements ($1,000–$50,000+) compared to online or micro-sync uses ($5–$500), reflecting differences in reach and revenue potential; within television, synchronization fees are typically the highest for commercials, particularly national TV spots for major brands, which can range from $10,000 to $500,000 or more. There is no fixed formula for determining these fees; instead, they are negotiated based on industry benchmarks derived from market reports and past deals, such as those outlined in sync licensing initiatives. Key elements of synchronization licensing contracts include the grant of , which specifies the scope, duration, media types, and territories permitted for the music's use. Payment schedules detail when the upfront fee is due, often upon signing or in installments tied to project milestones. Contracts also typically require credit provisions, mandating that songwriters and publishers receive on-screen or promotional acknowledgments. Reversion clauses may be included to allow to revert to the licensor if the project is abandoned or fails to materialize within a specified timeframe. In some cases, sync fees function as advances against future income streams for publishers, who may recoup the fee from subsequent royalties generated by the song, such as or mechanical royalties, depending on the agreement's terms. This recoupment structure helps publishers offset initial outlays while ensuring long-term revenue alignment with the songwriter's ongoing earnings.

Submitting Music for Synchronization Opportunities

Music creators seeking to place their works in visual media can pursue synchronization opportunities through several established channels. The sync licensing market remains highly competitive, with success often depending on persistence, high-quality music, proper preparation, and building industry relationships. Placements can take months to secure, with upfront sync fees varying widely from $500 for smaller or micro-sync uses to over $500,000 for major commercial or film placements, in addition to potential backend royalties. Direct submission platforms allow artists to upload tracks and respond to specific briefs or opportunities in TV shows, movies, commercials, and brands. Platforms include UnitedMasters SELECT, which enables submissions for placements in TV, movies, commercials, and partnerships with brands such as NBA and ESPN; Syncrmusic.com, focused on submitting to briefs; and ArtistPortal.Studio, which offers free submissions for TV, film, trailers, commercials, and promos. Non-exclusive music libraries provide another avenue, allowing uploads to multiple platforms for potential placements in visual media. Popular libraries include Musicbed, Epidemic Sound, and Artlist, which cater to filmmakers, brands, and digital creators with royalty-free or subscription models. Artists should submit gradually to several libraries to maximize exposure while retaining flexibility. Working with sync agents or publishers is often recommended, as agents maintain relationships with music supervisors and handle clearances. Representation can be pursued through educational programs like Ari's Take Academy or agencies such as Position Music, which pitch music on behalf of artists and manage licensing logistics. Preparation of music is essential for consideration. Creators must own full rights to the composition and sound recording, register with a performing rights organization (PRO) such as ASCAP, BMI, or SESAC, and provide instrumentals, stems, clean versions, accurate metadata (including mood, tempo, and instrumentation), and broadcast-quality mixes to facilitate review and potential use. Additional strategies include networking at sync conferences such as Sync Summit, targeting micro-sync opportunities on platforms like YouTube and TikTok, and prioritizing non-exclusive deals to maintain flexibility across opportunities. The competitive nature of the market underscores the importance of quality, persistence, and professional relationships over mass submissions.

Comparison to Master Use Rights

Master use rights refer to the permission granted to reproduce and use a specific sound recording of a in various media, including audiovisual projects; these rights are typically owned by the , , or other entity that controls the master recording. In contrast, synchronization rights pertain exclusively to the underlying —encompassing the , , and structure—controlled by the songwriter or . The primary distinction lies in their scope: synchronization rights authorize the pairing of the composition with visual elements, regardless of the recording used, while master use rights are essential for incorporating the exact pre-existing audio recording into the project. For commercial audiovisual uses, such as films or advertisements featuring a pre-recorded track, both licenses are invariably required to fully clear the music and avoid infringement, as neither alone covers the complete set of copyrights involved. Licensing these rights often involves coordination between separate parties—the publisher for and the for the master—leading to the development of "" arrangements where a single entity, such as a music library or administrator, holds or represents 100% of both the and master rights for streamlined clearance. These deals simplify negotiations for content creators by allowing approval through one contact, provided all underlying elements like samples are pre-cleared. Cost-wise, master use fees are typically negotiated to be comparable to fees, often representing 50% to 100% of the sync amount depending on factors like the track's popularity, usage scope, and market leverage, with total upfront payments varying widely based on the project. In practice, both rights are necessary for integrating popular pre-recorded songs into soundtracks, as seen in cases like the use of established tracks in major motion pictures, where failure to secure either could halt production. Conversely, original scores commissioned for a project may require only a synchronization if the production creates its own recording, thereby owning the master outright and bypassing the need for label approval. This distinction highlights how rights focus on creative synchronization of the composition, while master use rights ensure to a particular artistic performance.

Comparison to Performance Rights

Performance rights refer to the royalties generated from the public of a , encompassing live performances, broadcasts, streaming, and other public uses, which are collected and distributed by performing rights organizations (PROs) such as ASCAP, BMI, and . These organizations license the rights on behalf of songwriters and publishers, providing blanket licenses to users like radio stations, venues, and streaming services to cover ongoing public performances without needing individual clearances for each work. In contrast, synchronization rights grant a one-time permission to pair a with visual media, such as in films, television shows, or advertisements, focusing solely on the composition and requiring direct with the owner or publisher. Unlike rights, which involve ongoing royalties for repeated audio plays, sync rights are project-specific and do not automatically include clearance for ; obtaining a sync does not cover the need for separate royalties if the synced content is broadcast or streamed publicly. This separation ensures that PROs handle only nondramatic performances, while sync deals address the fixed integration. Where overlaps occur, visual media projects incorporating synced often require both licenses: the sync right for production use and a performance license for any subsequent broadcast or public exhibition, with PRO blanket agreements simplifying the latter for broadcasters. For instance, a television program needs sync clearance during filming but relies on PRO licenses for airing the episode. Economically, synchronization fees are typically upfront, lump-sum payments negotiated per based on usage scope, whereas performance royalties are ongoing and calculated as a of from uses, distributed periodically by PROs. This structure allows sync deals to provide immediate income for creators while rights offer sustained earnings tied to audience reach.

Applications and Challenges

Use in Visual Media

Synchronization rights play a central role in film and television production by permitting the timed integration of music with visual elements, thereby amplifying emotional resonance and narrative progression. Music supervisors are essential to this process, collaborating with directors and producers to curate tracks that align with thematic needs, oversee synchronization licensing, and ensure the music's seamless incorporation into scenes. For instance, the 2022 synchronization of Kate Bush's "Running Up That Hill" in the Netflix series Stranger Things revitalized the 1985 track, peaking at No. 3 on the Billboard Hot 100 and enhancing pivotal dramatic sequences through its evocative placement. In , synchronization rights enable concise, impactful uses of to forge emotional connections with audiences and reinforce brand identity, particularly in premium placements like commercials. Among visual media types, synchronization fees for commercials, particularly national TV spots for major brands, typically command the highest rates due to their promotional nature and massive reach. These short-term licenses often yield substantial fees, with sync deals for spots reaching up to $2.5 million in 2025, as publishers capitalized on high-profile integrations to boost visibility. The application of synchronization rights extends to video games and online media, where music elevates interactive and user-driven content. In video games, sync licenses authorize the use of compositions alongside mechanics, trailers, and in-game events, creating immersive atmospheres that enhance player engagement. For instance, the Grand Theft Auto series uses synchronization licenses for licensed tracks in its in-game radio stations, enhancing the immersive open-world experience. Emerging challenges in social platforms and arise from unauthorized music overlays in videos, which necessitate complex tracking and licensing frameworks to mitigate infringement risks across decentralized uploads. For example, in April 2025, sued Crumbl Cookies for unauthorized use of at least 159 songs in and videos, underscoring the risks for brands in social media. A illustrative example is the synchronization of Lynyrd Skynyrd's "" in the 1994 film , where the song accompanies a nostalgic scene of the protagonist's early life in , evoking themes of regional identity and innocence that deepened the film's emotional layers and amplified the track's cultural staying power. Unauthorized synchronization of copyrighted music with visual media constitutes , as it involves the reproduction of the or sound recording in a new audiovisual work, which qualifies as a under U.S. law. Such unauthorized syncing often leads to claims of direct infringement, with the infringer liable for creating an unauthorized without permission from the copyright holder. defenses are rarely successful in commercial media contexts, as the transformative nature required for is difficult to establish when music is synced for profit-driven purposes like advertisements or films, and courts weigh the commercial factor heavily against the defense. Common disputes in synchronization rights arise from ambiguous contract terms, such as unclear definitions of territorial scope or permissible edits to the licensed music, leading to disagreements over the extent of usage rights granted. Clearance failures frequently occur in remixes or samples incorporated into visual media, where producers overlook the need for both and master use licenses, resulting in infringement claims when the altered work is distributed. Remedies for synchronization rights infringement typically include cease-and-desist letters demanding immediate removal of the infringing content, followed by potential lawsuits seeking actual or statutory ranging from $750 to $30,000 per work, with up to $150,000 per work for willful infringement under U.S. law. Courts play a key role in interpreting sync licenses during disputes, often construing ambiguous terms against the drafter to resolve conflicts over scope or duration. Injunctions are commonly granted to halt further distribution, as seen in cases where platforms like remove videos featuring unlicensed syncs to avoid liability. Preventive strategies emphasize thorough clearances by engaging music licensing experts to secure all necessary rights before production, including verifying chain of title for compositions and recordings. Media productions often mitigate risks through errors and omissions (E&O) insurance that covers potential copyright claims related to sync usage. Evolving issues with AI-generated visuals introduce additional challenges, as syncing music to such content may still require licenses for the music, but the lack of copyright protection for purely AI-created visuals complicates ownership and infringement determinations if the AI output inadvertently reproduces protected elements.

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