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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