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In the world of visual media, images and diegetic sound can only do so much of the heavy lifting. The best films, television shows, YouTube videos, and advertisements all come with a great soundtrack. In some cases, orchestras or producers create original scores designed to convey emotion and build atmosphere. In others, producers might utilise music licensing to utilize a pre-existing song in their finished product.
But how does this work? How is it that Martin Scorsese can have so many iconic needle drops without facing legal troubles? Could a small-time creator get a music license for their YouTube Shorts series? This article will give a basic guide to licensing music, so creators of all different forms, genres, and sizes can create content that uses memorable tracks to get stronger reactions out of their audiences.
The two copyrights of every song
Knowing how to license a song requires an understanding of every song’s dual copyrights, both of which need to be secured for use.
- Sync rights cover the written composition of the song, controlled by the publisher or songwriter.
- Master rights refer to the specific audio recording file that people hear on the radio, controlled by the record label or recording artist.
If you want to use the original hit recording of a song, you need both a Sync and Master license. With just the Sync license, it’s perfectly legal to use your own cover version.
How creators can access music
Music for creators is generally accessed through one of the following four channels.
- Claims-managed subscription platforms
These platforms charge flat rates to give creators access to a library of pre-cleared tracks. This means the platform handles the rights and royalties, so you can use music through an ongoing, predictable subscription.
- Platform audio libraries
YouTube, TikTok, and Instagram all have extensive built-in music catalogs, which can be used in your content for free. However, they are platform-locked, so they can’t be cross-posted, even if the songs are cleared on every platform. This form of music licensing can also impact the creator’s capacity for monetization.
- Direct commercial licensing
Figuring out how to get a license for copyrighted music can be a lot simpler for people with resources and money. Direct commercial licensing requires contacting publishers and labels directly to clear a hit song in a film or TV show. This can cost anywhere between hundreds and hundreds of thousands of dollars.
- Creative Commons & public domain laws
Public domain refers to music published before 1930 (at this point), meaning its copyright has expired and is free to use. Artists use licenses that allow for free use under the Creative Commons, meaning songs can be used for non-commercial purposes if properly credited.
Vital checks for proper licensing in music
Music licensing has nuances. It’s not as simple as downloading a track, getting broad “permission”, and using any tune you like.
- Monetization clearance is essential if you plan on earning ad revenue, utilising sponsorships, or getting affiliate income.
- Platform scope determines how many platforms a song can be used on (remember the limitations of platform audio libraries).
- The territory and duration of the license determine where and for how long you can use the song.
- Perpetuity rights mean whether or not you can use the licensed track beyond your subscription. Guaranteed perpetuity for videos published with an active subscription is a great selling point for claim-managing platforms.
Make sure to properly investigate these aspects before you invest in any sort of music license for your project.
No license? Face the consequences
If your content lacks a license, it will likely be flagged by an AI of some kind, resulting in demonetization, muting, copyright strikes, or forcible removal. That’s why every modern creator needs to approach music licensing through the proper channels. When done correctly, it allows for the creative and beneficial use of memorable music. When done incorrectly, it results in contact with unnecessary speed bumps.
