A “sync placement”—when a song appears in a movie, TV show, commercial, or video game—can be a creative turning point and a profitable opportunity for many musicians. However, if you have never dealt with the world of sync licensing, it can be quite perplexing. This post explains what musicians should know about sync licencing and how to maximise these agreements while protecting their rights.
Sync licensing: what is it?
Sync licensing, short for synchronisation licensing, is the practice of combining visual media with music. A synchronisation licence is needed for the musical composition whenever a song appears in a TV commercial, a YouTube video, a movie scene, or any other visual content. Usually, a separate master use licence is needed for the sound recording. Practically speaking, if someone wishes to use your recorded song in their video, they must obtain consent from both the record label or artist (for the particular recording) and the songwriter/publisher (for the underlying composition). You may be in charge of both sets of rights if you are an independent musician who composes and records your own songs. This makes things easier because you can grant the master use licence for the recording and the sync licence for the song all at once.
Syncing Your Music: The Procedure
Sync deals can happen in a number of ways. When they discover a song that works for their project, music supervisors—experts who choose music for movies, television shows, advertisements, etc.—often get in touch with the song’s owners. Your songs may be submitted for consideration by a publisher or licencing agent if you have one. Additionally, independent musicians can use platforms that link content producers and creators, or they can actively submit their music to sync agencies or music libraries.
You will discuss the terms of the licence when a possible sync use is discussed. Among the key terms are:
- Range of application: Which media—movie, television, commercial, or internet video—will use the song? Is it in a trailer, the main theme, background music, etc.?
- Territory and duration: Will the licence allow use in all countries or just a few? Can your song be used in the video for a single broadcast or indefinitely?
- Fee: The amount paid can be very small (for independent projects) or very large (for big advertisements or movies). The fee is frequently divided equally between the master recording rights and the composition.
(Usually, exclusivity is not asked for, but if a client does request exclusive use of your song for a certain amount of time, that should result in a higher fee.)
Know Your Rights
Make sure you fully comprehend the terms of a sync licence before accepting it. A written agreement outlining all the terms, such as a licence contract, is advisable. If you have a label or publisher, they will usually take care of this (sometimes with your help). For big deals, if you are on your own, think about speaking with a music lawyer.
It is normal to notice changes in your music. Sometimes a movie producer will want to use a portion of your song or edit it to fit the scene. You can specify whether edits, overdubs, or modifications are permitted. Many musicians insist that their songs cannot be changed without their consent in order to maintain the integrity of their work.
Take into account the background as well. Does the context or usage of your music raise any ethical or brand-related concerns? For instance, some musicians would take issue with their music supporting tobacco or political campaigns. You can negotiate restrictions (e.g., “not to be used in ads for [specific product or cause]”), but imposing broad restrictions may make your music less appealing for sync. It is a personal choice, but know that if you value boundaries, you can set them.
The Advantages of Sync
Sync placements can reach new listeners in addition to the initial cost. When people hear your song in a performance or advertisement, they might look it up online, increasing your fan base and streams. Additionally, you will receive songwriter performance royalties for uses on television or in public broadcasts (through PRS, ASCAP/BMI, etc.).
Even independent musicians can make a sizable sum of money from a single well-placed song in the sync licencing market—all it takes is the right song at the right time. Make sure your music is easily accessible to music supervisors (either through licencing platforms or even your own network) and that you have removed any elements that might hinder its success. For example, if your recording includes samples, you must have them removed; otherwise, licencing will become an issue.
In conclusion, sync opportunities have the potential to revolutionise the music industry. Understanding the fundamentals of these licences and being ready to bargain and defend your rights will help you make a song placement a win-win situation where the media project receives the ideal soundtrack and you receive payment and exposure. Your next big break could come from the screen rather than the stage, so do not be afraid to pitch your music.
Solicitor advocate Michael Coyle has a master’s degree in copyright law. ACM, formerly a lecturer at Guildford School of Music and Solent University.
Email address: michael.coyle@lawdit.co.uk
