by Roxanne Castillo, Esq.

Lately I’ve been getting a lot of questions about synchronization licenses, or sync licenses for short. This is not something AFM handles, but surprisingly enough for all you songwriters and composers this is something you can definitely do on your own.

Let’s say for example, you write a song. Guess what? The second you write that original musical composition down you are the copyright owner! HOWEVER, if you want to enforce your copyright, you’re going to have to register with the United States Copyright Office. Don’t worry, it’s easier than you think. The FAQ page on copyright.gov gives a concise step-by-step on how to register your copyright.

So someone heard your song, loves it, and wants to put it in their movie. Awesome! This is a great opportunity for you and this is where the sync license comes into play. A synchronization license is called this because: the musical composition is synced to visual media. Sync licenses apply for film, TV, commercials, and video games. If there’s some visual media that your song is playing along to, you can negotiate a sync license.

Oh no, I said negotiate! Not to worry, you can do this on your own too. The dollar amount varies for use of a song in visual media. Take into consideration how much of the song is being used; is it background, is it imperative to the scene? A sync license can range from a couple hundred to several thousand. It all depends on the circumstances. Aside from dollar amount, you want to consider how long the term of the license will be for, if the entity you gave the license to can license the song to someone else, and whether you would prefer a lump sum or ongoing payment based on use (similar to a reuse structure). Lastly, and possibly most importantly, get it in writing.

One important distinction: a sync license is for the use of a particular composition while a master use license is for the use of a particular recording of the composition. For example, if a show wants to use “Paint it Black” by the Rolling Stones, they can hire musicians to record their own version. Use of the “Paint it Black” composition requires a sync license. If, however, the show wants to use the version recorded by the Rolling Stones in 1966, then this requires a master use license.

Questions, comments, concerns? Feel free to reach out to me at (323) 993-3143 or roxanne.castillo@afm47.org.

All materials have been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, and the information presented may not reflect the most current legal developments. The content of any phone call or email sent to Roxanne Castillo at a phone number or email address available in this magazine or any media connected to the American Federation of Musicians and American Federation of Musicians Local 47 or other Local, will not create an attorney-client relationship and the contents of such phone call or email shall not be considered confidential within the meaning of an attorney-client relationship. Readers should contact their attorney to obtain advice with respect to any particular legal matter.

– This article was originally published in Overture Magazine, January 2019