Sync licensing is the permission needed to pair a piece of music with moving images, such as a film, TV episode, advertisement or game. Because a song usually has two separate owners, a production typically has to clear both.
The topic belongs to the business side of the music production guide, where recording and release meet the screen. Rules and fees vary by country and contract, and this page is a general explainer rather than legal advice.
The sync license defined
The encyclopedia entry on synchronization rights describes a music synchronization license, or “sync” for short, as a license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize their music with various forms of media output, such as film, television shows, advertisements, video games and movie trailers.
The word “synchronize” refers to timing the music to the picture. Without a license, using a song in a video can infringe copyright, however short the clip. The license names what the music may be used for, where, and for how long.
The industry also uses the phrase “sync placement”. NPR describes it as the industry term for matching a song to what’s happening on screen, which is the creative side of the same transaction.
A license is also specific. It is normally limited to one production and a defined set of uses, so reusing a song in a sequel, a trailer or a different edit of the same show usually means going back to the owners. Treating each new use as a new permission is the safe default.
Two copyrights in every recorded song
The most important idea is that one recorded song carries two rights. The synchronization rights entry explains that a sound recording has two separated copyrights: the recording itself, also called the master, and the composition, which consists of the underlying lyrics and melody written by the songwriter.
It adds that the master is most often owned or administered by the record label, while the composition is most often owned or administered by the music publisher. The people who wrote a song and the people who performed a particular recording of it are therefore often different parties, with different contracts.
A producer who wants to use a commercially released recording must contact both owners. In the entry’s words, they must contact both the owner of the sound recording (record label of the performer), and the owner of the composition (publishing company of the songwriter). The two agreements are usually called a sync license, for the composition, and a master use license, for the recording.
- Sync license definition: granted by copyright holder of composition
- Sound recording has two copyrights: master and composition
- One-time sync fee: front end
- Negotiation factors: use, length, prominence, popularity
- PROs pay royalties for placements: ASCAP BMI SESAC
Fees and terms in negotiation
Once a producer makes an inquiry, the rights holder issues a quote. According to the synchronization rights entry, the quote is usually for a “one-time fee”, often called the “sync fee” or the “front end”.
The same entry says negotiations typically address how the work is being used, the length of the segment and the prominence of the cue, plus the overall popularity and importance of the song or recording. A few seconds of a song in the background will normally cost less than a famous recording over the opening titles.
Another point is whether the deal is a “buyout”, which settles whether the entity that will ultimately broadcast the production will be required to pay “backend” (performance royalty) fees. The entry also notes that fees can range anywhere from free, to a few hundred dollars, to millions of dollars for popular recordings of songs, when the producer must pay for both the master and the composition.
Other contract terms matter as much as money: the territory, the length of the license, whether it covers a trailer or other advertising, and whether it covers every format. Those are the points a music supervisor or lawyer reads closely.
A practical way to think about the process is as a checklist that the production works through for every song: who owns the composition, who owns the recording, what uses are needed, and what the budget allows. Gaps in that list are what delay a release, since a film cannot be finished with music it may not be allowed to use.
Ways productions save money
Budgets are the usual limit. The entry says producers with tight budgets will often elect to use a cover version of a particular song, or work with independent artists, in order to save money on the master side. In doing so, it explains, they can ask the artist to write original music or submit music that would be treated as “work-for-hire”.
A cover version still needs a license for the composition, because the song is the same, but it avoids the master fee for the original recording. Production music libraries offer another route. NPR quotes a supervisor listing the sources that pitch to her: record labels, music publishers, third party pitching companies and production music libraries.
The clearing process
On larger productions the work falls to a music supervisor, whose role is covered in what does a music supervisor do. After a song is approved, the music supervisor entry says, the supervisor approaches the rights holders, usually creating master recording licenses and synchronization licenses.
The task can be slow. NPR reports that negotiating the terms often involves clearing the rights with everyone from record labels to multiple songwriters on a single track. If any single owner declines, the song usually cannot be used as planned, which is why productions keep alternatives ready.
Timing is a factor as well. Clearances ideally happen before the picture is locked, because a song that cannot be cleared late in post-production forces a replacement and sometimes a re-cut of the scene. Early quotes let a team decide whether a song is worth its price or whether a cheaper alternative should be pursued from the start.
After the license: royalties and cue sheets
A sync fee is not the end of the money. The music supervisor entry explains that royalties for music placements are paid out by performing rights organizations such as ASCAP, BMI and SESAC in the United States, and that the supervisor may need to create a cue sheet of all of the songs used in the project so those organizations know about the placement.
These performance royalties are separate from the up-front fee and are covered in how music royalties work. A buyout can remove that backend from a deal, which is why the term is negotiated explicitly rather than assumed.
Frequently asked questions
Do I need a sync license for a short clip of a song?
Show answer
Generally yes if the song is not in the public domain or covered by a license you already hold, since length alone does not remove the need for permission. Rules vary by country, so check with the rights holders.
What is the difference between a sync license and a master use license?
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A sync license covers the composition, which is the lyrics and melody. A master use license covers a particular recording of the song. A production using an existing recording usually needs both.
Who sets the price of a sync license?
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The rights holders or their administrators, usually through a quote that is then negotiated. Price depends on use, length, prominence and the popularity of the song.
Can a cover version avoid sync fees?
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It avoids the master fee for the original recording, but the composition still needs a license from its owner.
