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  A Clear Explanation
    
of Music Licensing and The Copyright Law

Overview   An Ethical Foundation   Our Licensing Process   Make Money with Your Music   Definitions   Resources

 

A Clear Explanation

Music licensing can be confusing.  We make it easy.

www.easySongLicensing.com

Do You Need Music Licenses?

Every day we get calls from people who want to use music legally but aren't sure what to do.  Some are making CD recordings of songs that other people wrote.  Others are making DVDs for their church.  Some are performing copyrighted music in public.

Asking permission to use copyrighted music can be complicated because there are several ways to use music and the method for asking permission is different for each.  On top of that, each musical work can have multiple owners, making it hard to locate the owner to ask permission.

A number of services exist to help with permission handling.  But it's hard if you don't know which service to call for the particular permission you need.  If you call the wrong one, it feels like you're getting the runaround.  Commonly people ask, "Isn't there one place I can go to get all my licensing taken care of?" You have found that place. While our licensing service itself is limited to mechanical licenses, we will answer your questions and point you in the right direction whatever your needs.

 

Here's an explanation of where to start if you need help:

Making an audio recording?

Are you recording a composition (song) that someone else wrote?  If so, for audio, you need a mechanical license.  A mechanical license is permission to record a cover tune of a copyrighted song.  The royalty pays the composer of the song.  The best place to go for mechanical licensing is easySongLicensing.com.  You get personal service, we can license any song in the USA, and we will beat competitors' fees by twenty percent.

PLUS

Are you recording a copyrighted recording, such as pre-recorded tracks?  If so you need a master license.  A master license is permission to reproduce a copyrighted recording.  The royalty pays the artist that recorded the song.  Because these licenses are custom-negotiated, you need to contact the recording artist or their record label for master licensing.  If you don't know how to contact a record label, you can contact us and we will help.

Making a video recording?

Are you recording a composition (song) that someone else wrote?  If so, for video, you need a synchronization license.  A synchronization license is permission to record a yourself playing a copyrighted song and use it with video.  The royalty pays the composer of the song.  Because these licenses are custom-negotiated, you need to contact the composer or their publisher for sync licensing.  If you don't know how to contact a publisher, you can contact us and we will help.

PLUS

Are you recording a copyrighted recording, such as pre-recorded tracks?  If so you need a master license.  A master license is permission to reproduce a copyrighted recording.  The royalty pays the artist that recorded the song.  Because these licenses are custom-negotiated, you need to contact the recording artist or their record label for master licensing.

Performing or broadcasting publicly?

Are you performing a copyrighted song in public or broadcasting over the radio, internet or television?  If so you need a public performance rights license.  A public performance rights license is permission to perform or broadcast a copyrighted song publicly.  The royalty pays the composer of the song.  In the USA, three agencies help composers handle these licenses.  Because these licenses are custom-negotiated, you need to contact the public performance rights agency for the composer of the song you want to use.  You can find them at ASCAP.com, BMI.com and SESAC.com.

 

In summary

If you are creating a recording of a song you did not write you WILL need EITHER a mechanical license (if you are making an AUDIO-ONLY creation), OR a synchronization license (if you are making a VIDEO creation).  This license pays royalties to the composer of the song.

IN ADDITION to mechanical or synchronization licenses, if you are creating a recording (audio OR video) of someone else's recording you will need a master use license.  This license pays royalties to the recording artist that recorded the song.

Remember that royalties must be paid to the composer of the song (if it is not your original), and to the artist who recorded it (if the recording is not your original).

Public performance rights are different.  They are used for public performances and broadcasts.

 

The following are example scenarios and the licenses you will need:

1) You have made a new CD album with 5 original compositions that you wrote and 3 cover songs written by the Beatles.  You play all the music with your band.

You will need mechanical licenses for the three Beatles songs to make sure that the publisher gets royalty payments out to the composers to compensate them for writing the songs.  You will NOT need master use licenses because you do not need to compensate the artist for their RECORDING.  You never used their actual recording, only their composition.  You will NOT need synchronization licenses because synchronization licenses pay the songwriter for compositions used in video recordings.  This is audio-only.

2) I have made a video for our church that has our church members singing along karaoke style to some Beatles recordings.

You will need synchronization licenses to pay royalties to the songwriter for use of their composition in video.  You will also need master use licenses to pay royalties to the recording artists (the Beatles and their studio) for rights to use their audio recording.  You will NOT need mechanical licenses because mechanical licenses pay the songwriter for compositions used in audio-only recordings.  This is video.

3) I have made a video for our church that has our church members singing along with our praise band as they play Beatles songs from sheet music.

You will need synchronization licenses to pay royalties to the songwriter for use of their composition in video.  You will NOT need master use licenses because you are not using anybody else's recording.  The recording is your own.   You will NOT need mechanical licenses because mechanical licenses pay the songwriter for compositions used in audio-only recordings.  This is video.

 

Even if you hear the gossip...

I heard it doesn't really matter if you're only making a few copies.
I heard I don't need licensing if I'm not charging for the album.
I heard it's okay to copy for educational purposes.

Make sure to know the truth:

It is illegal to record copyrighted music for distribution without permission from the writer, arranger, or publisher of the written work, regardless of quantity, price, or method of distribution.

 

Click the following links to learn more about music licensing:

Overview   An Ethical Foundation   Our Licensing Process   Make Money with Your Music   Definitions   Resources

 

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Minneapolis, MN, 55411
 

 

 

  Site last updated: November 14,  2008                                                                                                                                                                            Copyright 2008