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In the world of music licensing, there are several important terms that musicians, producers, filmmakers, and anyone working with music must understand. Two of the most critical licensing types are synchronization (sync) licenses and master use licenses. Both are essential when you want to legally use a piece of recorded music in a visual project, such as a film, television show, video game, advertisement, or even YouTube video. These licenses, however, cover different aspects of a song’s use and are issued by different parties.
This article will break down the key differences between sync licensing and master use licensing, explaining what each license entails, when it is required, and how they interact with one another.
What is Sync Licensing?
A sync license, short for synchronization license, is required whenever you want to use a composition— the actual music and lyrics— in conjunction with a visual piece of media. This license gives you permission to synchronize the composition (the underlying song, melody, and lyrics) with moving images, such as in a TV show, film, video game, or commercial.
However, it's important to understand that a sync license does not give you the right to use the specific recording of the song; it only grants permission to use the underlying musical work.
When You Need a Sync License
A sync license is necessary any time you pair music with a visual element. Whether you are adding background music to a movie scene, using a song in an advertisement, or even placing it in the background of a YouTube video, the sync license grants permission to use the music in this context.
Sync licenses are typically negotiated with the music publisher, who represents the songwriter(s). The songwriter or composer holds the copyright to the musical composition, and the publisher controls the licensing of the song.
Key Points of Sync Licensing:
- Scope: A sync license covers the right to use a musical composition in combination with visual media.
- Who Grants It?: Sync licenses are granted by the music publisher or songwriter.
- What It Covers: It applies to the underlying musical work, not a particular recording of it.
- When It’s Needed: It is required whenever you are synchronizing music with visuals, including films, TV shows, commercials, video games, and online videos.
- Fees: Sync fees can range from a few hundred dollars for indie projects to millions for famous compositions in high-budget films.
What is Master Use Licensing?
A master use license is required when you want to use a specific recording of a song. This license is distinct from the sync license because it applies only to the sound recording (also called the “master”) of a song, not the underlying composition.
The recording artist or their record label typically owns the rights to the master recording. If you want to use an actual recording of a song in your project, you must secure a master use license from whoever owns the rights to the specific recording—often the record label.
When You Need a Master Use License
A master use license is required if you want to use a particular recording of a song in your project. For instance, if you want to use The Beatles’ original recording of “Hey Jude,” you would need a master use license from the rights holder (the record label or whoever controls the sound recording’s copyright). If you only want to cover the song or create your own version of it, then you wouldn’t need a master use license—only a sync license would be required.
Key Points of Master Use Licensing:
- Scope: The master use license covers the use of a particular recording of a song.
- Who Grants It?: Master use licenses are granted by the owner of the master recording, usually a record label or the recording artist themselves.
- What It Covers: It covers the right to use a specific sound recording.
- When It’s Needed: A master use license is necessary whenever you want to use an existing, specific recording of a song in a project.
- Fees: Fees for master use licenses vary depending on the popularity of the recording and the project’s budget, and like sync licenses, they can range from relatively inexpensive to millions for well-known songs.
Sync License vs. Master Use License: Key Differences
While both licenses are often required for using music in visual media, they serve different functions and are controlled by different rights holders. Below is a simplified comparison:
| Factor | Sync License | Master Use License |
|---|---|---|
| What It Covers | The underlying composition (music and lyrics). | The actual sound recording of the song. |
| Who Grants It? | The music publisher or songwriter. | The record label or the owner of the recording. |
| Required When? | Pairing any music with visual elements (e.g., film, TV). | Using a specific recording of a song. |
| Example | Using the song “Yesterday” by The Beatles (but not necessarily their recording). | Using The Beatles' actual recording of “Yesterday”. |
When You Need Both Licenses
In most cases, if you want to use a pre-existing recording of a song in your visual media project, you will need both a sync license and a master use license. For instance, if you want to use the original recording of “Bohemian Rhapsody” by Queen in your film, you’ll need:
- A sync license from the music publisher who controls the composition (the songwriters).
- A master use license from the record label or whoever owns the actual sound recording (likely Queen’s label).
However, if you are using a cover version of the song, you will only need the sync license for the composition and will not need a master use license.
The Process of Securing Sync and Master Use Licenses
Identify the Rights Holders: The first step is to identify who owns the publishing rights (for the sync license) and who owns the master recording rights (for the master use license). This can involve contacting music publishers and record labels.
Negotiate Terms: Sync and master use licenses are typically negotiated on a case-by-case basis. Factors such as the budget of the project, the prominence of the song, the duration of use, and the territory in which the media will be shown can all affect the terms.
Pay the Fees: Both sync and master use licenses come with fees. For well-known songs and recordings, these fees can be significant. For example, licensing a track from a major artist for a big-budget film can cost six or seven figures, while indie artists may charge much less.
Common Challenges in Music Licensing
High Costs: Licensing popular songs, especially from well-known artists, can be very expensive. This is why independent filmmakers or smaller projects often look for less well-known music or alternative options like stock music libraries, where licensing costs are lower.
Time-Consuming Negotiations: Securing both sync and master use licenses can take time, as negotiations involve multiple parties, including publishers, record labels, and sometimes even the artists themselves.
Rejections: Sometimes, the rights holders may simply refuse to license the music, particularly if they don’t want their song associated with certain types of content. This can be frustrating, especially when a song feels integral to a project.
Conclusion
In summary, understanding the distinction between sync licensing and master use licensing is crucial for anyone looking to legally use music in visual media. A sync license grants you the right to use the composition, while a master use license allows you to use a particular recording of that composition. If you're using a well-known song and its original recording, you’ll likely need both licenses.
For creators, getting music licensing right is essential to avoid legal issues and ensure their projects proceed smoothly. By understanding the differences between these two licenses, you’ll be better equipped to navigate the often complex world of music rights and licensing.