Sync Licensing Contract Overview: Protecting Your Project and Respecting Artists' Rights

What is a Sync License?

A sync license, also known as a "sync" or "synchro" license, is a legal agreement that allows an individual or company to synchronize music with moving images. This is typically necessary for producers of:

• Films
• TV shows
• Commercials
• Video games
• Other multimedia content

The terms of a sync license can include geographical scope, duration, usage restrictions, and exclusivity rights. Additionally, a fee is established for the use of the music, which can vary based on the song's popularity, the artist's fame, and the scale of the project where the music will be used.

How to Obtain a Sync License?

This license is negotiated and granted separately for the composition rights and the sound recording rights. To obtain the composition license, you need to contact the music publisher or composer, and for the sound recording license, the record label or independent artist.

How Does a Sync License Work?

Imagine a film producer, Carlos, wants to use the song "Canceled" by singer-songwriter Alex in a key scene of his upcoming film. To do so legally, Carlos must obtain a sync license for both the musical composition and the sound recording of the song.

He would contact both the publisher and the record label of Alex to negotiate the terms of the sync licenses. These terms might include, among other things, exclusive use of the song in that film for two years worldwide, and the producer would pay a license fee of $10,000 to both the publisher and the record label respectively.

Once both parties agree on the terms and sign the sync license, the producer can legally use the song "Canceled" in his film.

What Happens if a Sync License is Not Obtained?

Failing to secure a sync license before using music in an audiovisual production can lead to various legal risks. These consequences can include copyright infringement, which could result in legal action from the rights holders, substantial damages depending on the infringement's severity and the musical work's popularity, significant legal costs including attorney fees and court expenses, content removal from distribution platforms or social media which can harm the project's visibility and success, and a damaged reputation in the industry affecting future collaboration opportunities with rights holders and other professionals.

Thus, it is crucial to obtain the appropriate sync license before using music in any audiovisual production to avoid legal risks and protect all parties' interests.

Does the Sync License Include Permission to Use the Master?

Copyright law considers the composition and the master as separate works. Therefore, they require their respective documents, including their contracts and licenses.

A license that only covers permission for a sound recording is known as a master track license. Generally, if a person owns both the composition and the recording rights, they can use one sync license to grant permission for both, but it must be clearly stated.

What Information or Clauses are Typically Included in a Sync License?

A sync license, like any legal contract, should include detailed information describing the agreement terms between the involved parties. Key elements typically included in a sync license are the identification of the involved parties, a detailed description of the musical work including song title, composer, performer, and any other relevant information, a summary of the audiovisual project where the music will be used including title, format, and director, specific terms and conditions governing the music's use such as duration, type of use, and any restrictions, geographical and temporal limits of the music's use under the license which can range from local and limited to global and perpetual, exclusivity of the agreement, financial compensation details including license fees, royalty payments, and other agreed-upon remuneration, credit requirements for the composer, performer, and/or rights holder in the audiovisual production, guarantees and representations by the parties regarding the ownership of the rights, authority to grant the license, and absence of conflicts with other agreements or third-party rights, indemnification clauses outlining the parties' responsibilities in case of third-party claims or lawsuits related to the music's use under the license, and terms and procedures for contract termination or cancellation and the consequences of such termination.

These are just some examples of the information and clauses that can be included in a sync license. Each license can vary based on the specific needs and agreements between the parties, and it is crucial to thoroughly review and understand the license before signing.

References:

• Jeff Brabec and Todd Brabec, Music Money and Success: The Insider's Guide to Making Money in the Music Business (8th Edition) (2018).
• Donald Passman, All You Need to Know About the Music Business (10th Edition) (2019).
• Randall D. Wixen, The Plain & Simple Guide to Music Publishing (4th Edition) (2020).
• Eric Beall, Making Music Make Money: An Insider's Guide to Becoming Your Own Music Publisher (2nd Edition) (2022).
• Alexiomar Rodríguez, De Artista a Empresario Musical: La Fórmula para Vivir de la Música y No Morir en el Intento (2022).

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