UnitedMasters | Sync Licensing 101 for Artists

Whether you're just starting out or already knowledgeable, understanding the basics of any subject can be incredibly valuable. So, let's break it down.

A music synchronization license, or "sync" for short, is a music license granted by an artist, record label, music publisher, sync agent, etc., allowing a third party to synchronize ("sync") the music with visual media like film, TV, ads, video games, and movie trailers. The sync license essentially gives someone the permission to use your music in media or content specifically made for a project.

The UnitedMasters Sync team wants to see you win, but given the fast pace of sync industries' turnaround, a lack of organization can significantly interfere with your chances to be pitched for a placement or licensing opportunity.

First things first, make sure to have well-mixed and mastered versions of your song, including the original, non-explicit, and instrumental versions, along with the supporting lyrics and cover art. You never know when your music will be up for pitch consideration so it’s best to always be prepared.

Labeling your song files so anyone from your personal engineer to a Music Supervisor can easily identify the song they're working with is key.

A song usually has different parts owned by different people - the sound recording, the writer share, and the publisher share. Having a signed agreement with your collaborators makes everything clear and legal, and make sure to document their info - like legal names, email addresses, and PRO information. If you purchased or leased 3rd party audio from online sources, check the accompanying agreement so that you know your rights and how track ownership is split.

But before jumping headfirst into any other tips, take time to familiarize yourself with some key Sync Licensing terms and points. Jump to the Sync Lexicon

Well, that depends on whether your song is:

An original recording and composition, meaning a song you created from scratch

A cover of a pre-existing composition, meaning you recorded your version of your favorite Beyonce song and decided to share it. For example, UnitedMasters artist Amira Unplugged covered the 1964 song “The Sound of Silence”, a loved and highly recognizable track by the band Simon & Garfunkel, for a sync opportunity.

An original recording that features samples from an existing sound recording or composition. One example would be if you or your producer incorporated a famous track like Fela Kuti’s “Water No Get Enemy” into your recording and composition. Similarly, UnitedMasters artist BigXThaPlug incorporated “Whip It,” a popular song by the 1980’s group Dazz Band, in his own track titled “Whip It.”

Depending on which above category your songs fit into, there will be different approaches taken when considering whether to include them in pitch to a music supervisor.

Music Supervisors occasionally prefer what are called “one-stop tracks,” or tracks that are entirely controlled by one rightsholder and can be licensed quickly and easily. Check them out below:

As you’ve probably guessed, original songs are often the easiest to pitch and clear. Why?

Original songs are often owned entirely by the artist/songwriter if they’re independent. This simplifies the clearance process because fewer parties are involved, and obtaining permission is usually straightforward.
Original songs usually have a clear chain of title, meaning it's easier to trace and verify the ownership and rights associated with the song. This clarity facilitates the ease of the clearance process.
No Third-Party Rights: Original songs do not involve third-party copyrighted material, such as samples from other songs. This can eliminate the need to obtain permission from multiple rightsholders, as is required for covers or songs with samples.

If you’ve decided to incorporate a sample as part of your song, the process for clearing it for sync can be a bit more involved, and ultimately you’ll have to consider the opinions and rights of the owners of the original track. Obtaining permission may lessen your chances of being selected for pitching if unprepared.

Steps to clear a song featuring a sample include:

Identify the Copyright Holder: Determine who owns the original sound recording and composition rights. This may include the songwriter, the record label, or other entities.
Contact the Rights Holder: Reach out to the copyright holder to request permission. You will most likely have to negotiate a separate sample agreement allowing you to incorporate the sample into the track, especially if you’re distributing the track to streaming platforms, pressing it to physical media, or attempting to license it.
Negotiate Terms: Discuss the terms of use, including licensing fees, royalties, ownership splits, or other conditions. The rightsholder may grant permission for an upfront fee or require a percentage of ownership and revenue generated by the new song.
Clearance Services: In some cases, artists may use clearance services to facilitate the process. These services can help identify and contact the rights holders and negotiate on behalf of the artist.
Sync Licensing: Once you’ve executed a sample agreement, you should have all the information you need to clear the track for sync licensing. Provide this documentation to any of your 3rd party sync partners so that they can relay it to the end client.
Legal Advice: It's advisable to seek legal advice to ensure compliance with copyright laws and to navigate the complexities of sample clearance.
Documentation: Keep thorough documentation of the clearance process, including correspondence with rightsholders, license agreements, and any payments made. This can be important for legal protection.

Remember that sampling without proper clearance is a copyright infringement and can lead to legal consequences. Respecting intellectual property rights and following the necessary legal procedures is crucial.

Every sync placement needs to be negotiated? You can release a cover of a track on Spotify without getting the songwriter's permission beforehand if it's previously been released, but it doesn't mean you can get the song sync'd. Similar to the sync licensing process for songs that include samples, cover songs have a slightly more detailed licensing process.

Steps to clear a song for licensing featuring a cover song include:

Identify the Copyright Holder: Your sync agent or the Music Supervisor will determine who owns the rights to the original composition. This is typically the songwriter or a music publisher.
Clear the Publishing: Since the composition is owned by another rightsholder, the publishing side must be cleared separately. Your sync agent or the Music Supervisor will assist in this process.
Understand MFN: If you’ve covered a recognizable track, typically the end client will request non-MFN terms between the sound recording and the publishing, meaning the publishing side will earn a higher fee than the sound recording (which you control).

If you plan on releasing the track on streaming platforms or pressing it to physical media - please keep the following in mind:
Obtain a Mechanical License: A mechanical license grants the right to reproduce and distribute a musical work. You can obtain this license through the copyright holder or a music licensing agency (like Harry Fox Agency). In the US, the MLC is responsible for paying streaming mechanical royalties on behalf of the DSPs.
Pay Royalties: Pay the required royalties for the use of the cover song. Mechanical royalties are usually paid per-copy basis for physical copies or a per-download/stream basis for digital distribution.
Use a Cover Song Licensing Service: Consider using a cover song licensing service. Some companies specialize in obtaining licenses for cover songs, simplifying the process for artists.
Submit a Notice of Intent (NOI): In some cases, you may need to submit a Notice of Intent to the copyright holder before releasing the cover song. This document informs them of your intention to use their copyrighted material.
Credit the Original Songwriters: Give proper credit to the original songwriters when you release or perform the cover song.
Check for Additional Permissions: Depending on the jurisdiction and specific rights involved, you may need additional permissions for certain uses, such as synchronization rights for using the cover in a film or commercial.

It's important to note that the process may vary based on the specific laws and regulations. Consulting with a music attorney or using a professional licensing service can help ensure that you navigate the process correctly and legally.

You’ve confirmed that you have permission to license your song(s), and you’re hyped to see your music on the big screen and the millions of tiny screens in everyone’s hands, but alas, there are a few more steps to consider before we can pitch your music at UnitedMasters.

Before considering your music, it’s important to note that you must be a SELECT subscriber to have your songs submitted and that all songs represented in the UnitedMasters Sync Library must be distributed or set to distribute (on any later date) through UnitedMasters.

Once you’ve agreed to distribute your music with UnitedMasters, we’ll need a signed license agreement from all relevant copyright holders (collaborators, master recording owners, and publishers). And, of course, you know we’ll need those lyrics, instrumentals, and clean versions (when applicable) that we mentioned earlier!

Additionally, you NEED to have the exclusive rights for any instrumentals purchased or leased online - non-exclusive and unlimited leases will not qualify.

Your music files are organized and labeled correctly.

Supporting metadata is stored.

You and your collaborators have documented agreements that account for 100% of the composition and master.

You have access to their contact information.

If you used music from online sources, you have confirmed that the usage rights outlined in the agreement allow you to license your song.

And since you definitely checked out the Sync Lexicon, you even learned some key sync terms.

You distribute your music with UnitedMasters

You and the relevant copyright holders (collaborators, master recording owners and publishers) signed the licensing agreement.

Your UnitedMasters artist account has the correct payout information, social handles and bio.

Finally, your music is several steps closer to being sync’d.

Exclusivity vs Non-Exclusivity

Exclusivity: Refers to an agreement where the rights to use a particular piece of music are granted solely to one entity. No other party can use the same music during the specified period.

Non-Exclusivity: Allows the music rights holder to license the same piece of music to multiple parties simultaneously. It provides more flexibility but may impact the exclusivity and uniqueness of the placement.

Metadata

Information attached to a music file specifying details like artist name, track title, album, genre, and other relevant data. Metadata is crucial in sync licensing for accurate identification, tracking, and management of music assets.

Brief

Simply put, a music brief is a document that describe the essential aspects of the project, from timelines and responsibilities to what the music should communicate to the ones listening.

Pitch

Pitches are song offerings that fit, a Music Supervisors ask outlined within the brief. They are typical sourced from trusted record labels, publishers, sync agents, music libraries, and artists they may have worked with in the past.

Placement

What Is a Sync Placement or Use? A sync is when a song is licensed and used alongside such moving images as a TV show, film, video game or commercial. Fees are typically flat and paid upfront. Depending on the media that are involved and the terms, this can be an advance based on future royalties.

MFN (Most Favored Nations)

A contractual clause ensuring that all parties involved receive the most favorable terms and conditions granted to any other party in the agreement. In sync licensing, it ensures fairness in compensation and benefits for all stakeholders.

Master vs Publishing

Master: Refers to the recording of a particular piece of music, typically owned by the recording artist, record label, or producer. Sync licensing agreements often involve licensing the master rights for use in visual media.

Publishing: Pertains to the rights associated with the underlying musical composition, including lyrics and melody. The songwriter and/or music publisher often own these rights or a music rights organization.

Usage Types

Usage types in sync licensing define how music is used in visual media, such as background scores, opening credits, or theme songs. Understanding these types is crucial for negotiating appropriate agreements, aligning music with artistic goals, managing rights effectively, maintaining brand consistency, and ensuring fair compensation based on the significance of the music within the production.

Music Supervisor

According to the Guild of Music Supervisors, a music supervisor is “a qualified professional who oversees all music-related aspects of film, television, advertising, video games, and other existing or emerging visual media platforms as required.

PRO (Performing Rights Organizations)

Performing Rights Organizations or PROs are responsible for collecting income on behalf of songwriters and music publishers when a song is publicly broadcast or performed. Public performances can include play on television or radio, in clubs and restaurants, on websites, or on other broadcasting systems. Some familiar US-based PRO’s are BMI and ASCAP.

ISRC (International Standard Recording Code)

ISRC is the internationally recognized identification tool for sound and music video recordings. Typically, your ISRC will be assigned to you by your distributor.

ISWC (International Standard Musical Word Code)

An ISWC is a unique code assigned to a specific musical work or composition written by the songwriter(s). Like an ISRC, you can think of it as an identification number that’s used to track and verify specific information about a composition, including Song Title, Songwriter(s), Music Publisher(s), Ownership Share(s) or Music Publisher(s).

IPI number (Interested Party Information)

An IPI number is assigned to songwriters and publishers by their Performing Rights Organization (PRO) to identify them as unique international rights holders.

All-In

When you license both the sound recording (master rights) and the song (publishing rights) for one “all in” fee.

One-Stop

A song can be described as "one-stop" if it is owned or controlled by a single party (ie. an artist, label, publisher, catalog, etc.) for sync licensing.

SYNC LICENSING 101

An Introduction to the Basics

What is Sync Licensing?

Why Should Sync Matter to You?

Organize Your Assets for Success

Sync Licensing Checklist for Artists

So, You’re Probably Wondering How Music gets Cleared and Licensed..

Original Songs

Songs Featuring Samples

Cover Songs

How Does Sync Work at UnitedMasters?

What Next?

Recapping Success with UnitedMasters

THE SYNC LEXICON

Want to learn more?