How to Use Music Legally in Your Work

HOW TO USE MUSIC LEGALLY IN YOUR WORK: FREQUENTLY ASKED QUESTIONS

Q: WHEN DO I NEED A LICENSE TO USE MUSIC IN MY WORK?

A: You need to acquire a license when you want to take music that you have not

personally created and use it as a soundtrack in your production. Acquiring a license

gives you the legal right to include someone else's copyrighted work as a part of

your own work.

Q: WHAT IS A COPYRIGHT?

A: Copyright is a federal law that protects creators by giving them exclusive rights

to their works. Once a work is under copyright, it is illegal to use the work without

the permission of the copyright owner.

Q: HOW DOES COPYRIGHT EFFECT MY DECISION TO USE MUSIC?

A: Music that has been recorded and issued on CD is protected by 2 copyrights. To

use a recording of a musical composition in your work, you need to get permission

from both copyright holders.

The first permission you need is from the music's publisher. The music publisher

holds the copyright for the actual written music - the melody, the lyrics, the

accompaniment, the actual music as it would appear in sheet music. This copyright

is shown by using the familiar © symbol.

The second permission is for the recording itself. To get this, you would approach

the record company that released the recording. The record company holds the

copyright for the actual performance of the song captured and mastered on tape

and released on CD. The symbol for this copyright is the letter (P) inside a circle.

(look on the back of your own Cds, you will see these symbols in use). (Author's

Note: This is where we used the 2 small graphics in the html version showing the (C)

and (P) copyrights)

Q: HOW DO I GET PERMISSION TO USE COPYRIGHTED MUSIC?

A: The fact that music is protected by copyright doesn't mean you cannot use it, it

simply means you have to seek permission to use it. To receive that permission you

will typically have to pay a licensing fee.

Q: WHAT LICENSE DO I NEED?

A: Here are the licenses you need for the right to use music in your media project:

Synchronization License - This license is issued from the music publisher. The

Synchronization License (often abbreviated as sync license) gives you the right to

"synchronize" the copyrighted music with your images and dialogue

Note: Having a sync license means you have permission from the publisher to use

the music but it doesn't give you the right to use a specific recording of the

composition. For that you need the following...

Master Use License - This license is issued directly from the record company. Fees

can range from several hundred dollars to millions of dollars depending on the

popularity of the music.

Once you have paid the music publisher for a Sync License and the record company

for a Master Use license, you have the legal right to use the music in your

production.

*****Sidebar*****

This article is about music that is under copyright and NOT in the public domain.

Music written before 1933 is in the public domain and can be used without having

to acquire a synchronization license (you still need a master use license if you use a

recording of a piece in the public domain). Music written after 1933 is still under

copyright according to US law. I hope to discuss the public domain in more detail in

a future article.

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Q: WHAT ARE PRODUCTION MUSIC CDS?

A: As you can see from the process described above, licensing music can be a time-

intensive, form-laden, and expensive process. Using Production Music CDs (also

referred to as Royalty Free Music CDs), is the quickest and easiest way to license

music. When you buy music from a production music library, you are immediately

granted both synchronization and master use rights to use the music in your work.

Production Music fills a niche for producers who don't have a million dollar music

budget and can't afford to license a major hit song. Production Music gives the

smaller, independent producer the ability to use music soundtracks in his or her

production.

Q: IS PRODUCTION MUSIC UNDER COPYRIGHT?

A: Production music is protected by both the (C) and (P) copyrights. When you buy a

track from a production music library, you'll receive a license agreement which gives

you both synchronization and master use rights.

Production Music is not copyright-free as some have termed it. It is fully protected

by copyright law. With production music you get ease of licensing. You don't have

to contact several sources to seek sync and master use licenses.

Q: CAN I LICENSE A FAMOUS SONG FROM A PRODUCTION MUSIC LIBRARY?

A: There are no production music pop hits. You won't find an Eminem track in a

production music library. To use an Eminem cut you would have to negotiate a

license with Interscope Records. That's not to say you can't find Hip Hop tracks in

production music libraries but you won't find current or past pop hits.

Unlike a pop song, production music is composed to be used specifically as

background music. It is usually instrumental, with no vocals or lyrics, and is similar

to a film soundtrack.

Q: HOW OFTEN CAN I USE PRODUCTION MUSIC TRACKS?

A: The license agreement grants you very broad usage rights. For instance, with the

license agreement from my company, UniqueTracks, you are not limited to one-time

usage; you can use the music again in any other production you create. You don't

have to inform us of your intent to use or report back once the production is

complete. Once you have purchased the music, you are free and clear to use it as

often as you like within the boundaries stated by the license (i.e. the music has to

be used in synchronization with narration or visuals)

The simplicity of Production music licensing makes it a perfect choice for corporate

videos, Flash animations, PowerPoint presentations, independent film, multimedia

applications, - virtually anywhere where music is helpful but where the project

budget doesn't included hundreds of thousands of dollars to license expensive

songs.

John Bickerton is Creative Director for the UniqueTracks Production Music Library. He writes the monthly e-newsletter "Underscore - Secrets of Successful Soundtracks", published by UnqiueTracks. Click to subscribe http:// [http://www.uniquetracks.com/Newsletter.htm]