What is a Synchronization License?

Do You Need to Use a Synchronization License?

Whether you’re working on the next big TV drama, an indie video game, or a compelling online commercial, music can play a vital role in creating memorable emotional connections. Using music in visual media is powerful, but it doesn’t come without complexity. 

If you’re a content creator or part of a larger production, understanding synchronization licenses (sync licenses) is crucial to ensure you’re working within the boundaries of copyright law. The copyright attorneys at Emerson Thomson Bennett will explain what sync licenses are, why they’re important for visual media projects, and outline the complexities of music copyright to help you stay compliant and protect your creative vision.

What is a Synchronization License?

A synchronization license, often called a “sync license,” allows copyrighted music to be paired with visual content. It’s the legal agreement made between the copyright holder (usually a songwriter, publisher, or rights organization) and those who wish to “sync” the music to their project. Here’s everything you need to know about it:

Sync licenses enable content creators to legally use music with visual media, protecting the rights of music creators while safeguarding businesses against copyright infringement. For example, pairing a popular song with a new commercial requires the copyright holder’s explicit consent, which a synchronization license provides. 

Who Needs a Synchronization License? 

Creators of any visual content that incorporates copyrighted music need a sync license. Usually, this includes:

• Filmmakers (Hollywood blockbusters or small indie shorts alike)
• TV producers (series, documentaries, or pilots)
• Gaming studios (adding music to immersive video games)
• Advertisers (from digital ads to national commercials)
• Creators of online content (YouTube videos, social campaigns, or any visual platform)

If you’re using a specific recording of a song, note that you may also need a Master Use License, which permits you to use a particular recorded version of the musical composition, in addition to the sync license. 

What Does a Synchronization License Include?

When obtaining or permitting a sync license, you’re likely agreeing to terms that define how the music can be paired with visuals. Common parameters include:

• Territory: Where the content will be distributed (local, national, or global).
• Duration: How long the license is valid and how long the song will be used in the project. 
• Type of Use: The specific nature of the usage, such as in a trailer, game, or background score for a scene. 
• Exclusivity: Whether or not others can license the same piece of music for similar uses. 

Sync licenses can be specific and often involve tailored contracts, depending on the music’s intended use and the copyright holder’s preferences. 

What Types of Media Require Synchronization Licenses?

Here’s a list of common content types that require a sync license to incorporate music legally:

• Movies (feature films, short films, streaming exclusives)
• Television content (scripted shows, daytime talk shows, reality TV)
• Video games (background scores, sound effects, theme music)
• Online videos (YouTube, Vimeo, or social media platforms)
• Commercials and branded content (from TV ads to Instagram campaigns) 

Whether you’re adding a song to a closing scene or a viral TikTok ad, a synchronization license is mandatory if the music is copyrighted.

Music Copyrights Made Simple (Or, Not-So-Simple) 

If the sync license sounds complex, that’s because it’s built on the multi-layered world of music copyrights. Unlike many other forms of copyright, music law has dual protection:

• Composition Rights: Protects the sheet music, including lyrics, melody, and arrangement. These rights typically belong to the songwriter and/or publisher. 
• Master Recording Rights (Master Use): Protects the specific recording of the composition, usually owned by a record label or the artist. 

For example, to feature a hit song in your TV trailer, you need a synchronization license for the composition and potentially a master use license for the exact recording of that song.

Common Legal Disputes in Music Copyright

The complexities of music copyrights often lead to legal complications. Here are some common issues, especially relevant in media projects:

• Sampling: Artists borrowing portions of copyrighted music must secure licensing, or they risk infringement claims.
• Remixing/Remakes: New versions of protected works also require proper permissions.
• Unauthorized Usage: Visual creators using copyrighted music without contracts or licenses risk lawsuits, fines, or having their projects removed from platforms. 

Working with a legal attorney or hiring a professional music supervisor can help you avoid these pitfalls. Music supervisors focus on finding and licensing the perfect pieces of music for your projects, ensuring legal compliance. 

Why Synchronization Licenses Are Crucial

Synchronization licenses protect not only the rights and work of the original music creators but also your media project. Using music without securing proper licenses may result in legal repercussions, financial penalties, and damage to your reputation. 

Whether you’re creating a high-budget production or a social media campaign, taking the time to secure the necessary licenses ensures your project runs smoothly and your creative vision remains uncompromised. 

Take the Next Step in Music Licensing With Emerson Thomson Bennett

Understanding synchronization licenses and navigating the nuances of music copyrights can feel overwhelming. To ensure your visual projects stay both creative and compliant, consider consulting a legal attorney in copyright law or a professional music supervisor.

Make “syncing” music easy, legal, and stress-free. Need advice on your next project? Contact us today to talk to our team of legal professionals to make sure your project sounds (and looks) incredible while staying within the bounds of copyright law. Protect your project, honor artists, and create something memorable.