GENERAL SUBMISSIONS HOW WE WORK PLACEMENTS P.R.O. PAYMENTS STANDARD LICENSE TYPES GLOSSARY
GENERAL
SUBMISSIONS
HOW WE WORK
PLACEMENTS
P.R.O.
PAYMENTS
STANDARD LICENSE TYPES
Audio Projects: Audio books, motivational tapes, audio guides, commercial podcasts, etc.
Usage detail: This license is for music in audio projects, such as books on tape, motivational tapes, audio guides for art exhibits, commercial podcasts. If an audio project will be publicly broadcast, licensee’s should get a “radio production” license instead.
Composition and Sound Recordings: Any media, arrangement, promo, (Not for sync with visual media)
Usage detail: License music to put out compilation records on media such as CDs.
Corporate, Theater and Competition: Small commercial licensing for performance
Usage detail: Licensee has the non-exclusive right to synchronize the track in timed relation with other audio and/or visual elements within a production, or to use the original sound recording, for purposes of business-related viewing, business meetings, corporate videos, employee orientation, in-house training, and instructional and training videos.Based on selected audience type usage, one of these would apply:
In-House: Meaning for an in-house audience such as Licensee’s personnel, job seekers and other types of on-site guests. This option provides a master use license, a synchronization license, and a limited mechanical license for in-house use only. Licensee’s may make copies on any media necessary for distribution, exhibition and exploitation solely as it pertains to the use of the Track on an in-house basis.
Business-to-Business: For a business-to-business environment, meaning for the display to or performance for actual or potential business clients, whether in an internal setting or an external non-public setting. This option provides a master use license, a synchronization license, a limited mechanical license, and a right of non-public performance. Licensee’s may make copies on any media necessary for distribution, exhibition and exploitation solely as it pertains to the use of the Track on a business-to-business basis, NOT for use in products to be sold or given away.
Public: General public viewing of the created production, or performance of the Track, is permitted at trade shows, theatrical performances and competitive performances. Licensee’s may make copies on any media necessary for distribution, exhibition and exploitation solely as it pertains to the use of the Track on a public performance basis, NOT for use in products to be sold or given away This licensing option provides a master use license, a synchronization license, a limited mechanical license and a direct license for public performance. Licensee does not have to pay performance royalties to any Performance Rights Organizations.
Custom License: The Custom License type supports Make offer and Request quote inquiries.
Usage detail: This gives a licensee unlimited ways to negotiate the best deals based on their unique requirements.
Film Sync License: License Music For a Movie Production
Usage detail: This license is for any video or film project which will be shown in theaters. If a licensee’s project will not appear in theaters, a “video” or “single units” license is what they would need.
Games and Software: License Music for Video Game or other Software use
Usage detail: This license is for placing music in a game, or including music in a software program.
Internet web site, Flash: License music for Internet, Web site, Flash
Usage detail: This license is for music used on a web site, Flash or Java application on the web.
Mechanical Royalty License: For Physical Recordings & Permanent Digital Downloads
Usage detail: Worldwide, any media, arrangement, promo. (Not for sync with visual media)
Music Compilation (CD, DVD, PC Audio): Music for Music compilation (CD, tape or vinyl)
Usage detail: This license allows licensee’s to redistribute and resell CDs, DVDs or other media containing an entire song or an entire album. For example, this can be used to make a rebranded CD for sale in stores or through traditional CD distribution, or a promotional giveaway with a company’s information on it.
Personal Use: Purchase song for digital download and personal use on your computer, iPod or other digital player means.
Usage detail: Song may not be used for any commercial projects OR purpose unless licensee’s purchase a license for their specific intended usage.
Products and Toys: Composition & sound recordings for embedded use
Usage detail: License music to use in a toy or widget.
Public Space (Restaurant, Trade shows, Retail spaces): License Music for Public Space (i.e. Restaurant, Trade Shows, Art Galleries, etc.)
Usage detail: This license allows licensee’s to play an album of music in a public space.
Radio Ad or Production: License music for radio advertising or radio show production.
Usage detail: This license is for complete albums or collections of songs. This license is for music mixed into a radio advertisement or radio show intended for public broadcast. If a licensee is not airing a production publicly, they need an “audio project” license.
Sampling, Mixes, Covers and Derivative Works: License Music for Sampling & Remixes
Usage detail: This license permits licensee’s to use any number of audio samples from a song to create a new song of their own. Buyers can also make remixes, mash-ups or other derivative works. If several samples from us are used in one song, buyers will only be charged the single-sample price.
Single Units (Wedding video, small quantity for profit): Music licensed by number of units distributed
Usage detail: This license is used when a licensee want to license music for a limited quantity of produced items, such as music to accompany a wedding or other event video, a promotional DVD for a company; any time there’s needed music for a small quantity of goods and prefers to pay by the unit. The “single units” license is a popular alternative to the “video” or “music compilation” licenses and is often less expensive.
Slide Show or Powerpoint: License music for slide show or Powerpoint
Usage detail: This license is for adding music to a slide show presentation or a powerpoint document, or a similar kind of computer-based presentation. The finished product must not be available for sale: if a licensee would like to place music on a product for sale, they will need a video/cdrom license.
Software – Multimedia: Multimedia software. All platforms, any use, commercial
Usage detail: License music for a software program.
Telephone or Music On Hold: License music for telephone systems, music on hold
Usage detail: This license allows licensee’s to play an album of music through their telephone system (PBX) as music-on-hold, or any other use through their telephone system. This license is for complete albums or collections of songs.
TV Advertising: License music for Television Advertising
Usage detail: This license is for music used in a television advertisement for public broadcast.
TV Show Sync License: Music license for TV
Usage detail: This license is for music used in a television production for public broadcast.
Video (Music for Video, DVD or CDROM): License Music For Video, DVD or CDROM
Usage detail: This license is for any video, powerpoint, slide or film project which will not be shown in theaters, but may be sold. If the project has very limited distribution (ie, a wedding video) a “single units” license will probably be less expensive. If the project is a film appearing in theaters, a “film” license is needed.
GLOSSARY
Assignment Of Copyright: The transfer of ownership of a copyright from one party to another, which must be in writing to be effective.
Audio/Visual Work: An industry term for film, television or any other visual production.
Author: The creator of “Intellectual Property” such as literary, musical and dramatic works; choreography; pictorial, graphic and sculptural works; audio/visual works and sound recordings. Generally the word author can denote composer, lyricist, record producer, choreographer, artist, photographer, writer or other creator (see “Work for Hire”).
Background Music: Music used (other than as feature or theme music) that creates mood and supports the spoken dialogue of a radio program or visual action of an audio/visual work.
Blanket License: A license which allows the music user to perform any or all of millions of songs in a Performance Rights Organization’s repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of PRO’s members and the many foreign writers whose music is licensed by PRO’s with reciprocating blanket license agreements in other nations. See also Per Program License.
Broadcast: The replaying of pre-recorded works to multiple listeners through various media or in a ‘semi live’ setting such as a bar or bookstore, and including radio, TV, web casting, pod casting, etc.
Clearance (Copyright): ]For the right to use music in most circumstances it must be cleared with the copyright owners. Clearance is needed for copying, not just for commercial use. It is normally negotiated through licensing directly with labels and publishers or other copyright holders.
Control: Control means the publisher (see Music Publisher) has the right to negotiate and execute all licenses for the “life of copyright” which according to U.S. copyright law is the length of the copyright owner’s life plus 70 years after his/her decease. The publisher licenses mechanical, print, sync and performance rights on behalf of itself and any of its rightful co-writers and/or co-producers. Any licensing fees or other royalties are collected by the publisher (the owner of the copyright) on behalf of itself and distributed to any co-writers, co-producers or other co-owners of the music.
Copyright: The legal right to exclusive publication, production, sale or distribution of a literary or artistic work. Copyright is granted by law in most countries and in the United States by a federal statute called The Copyright Act of 1976.
Film Music: Music and recordings for film can be licensed from publishers and record labels. Unlike licenses for normal broadcasting or performance, rates for these master use and sync licenses are not fixed, so film (video, advertising, etc.) makers negotiate a price. Library and catalogue music providers offer ready made, pre-cleared recordings for a wide range of video (and other) applications.
Library: A collection of musical compositions that are licensed by the publisher or administrator for use as background, theme, or score music, on radio, broadcast and cable television, films, or video productions.
License, Music: The right, granted by the copyright holder, for a given person or entity to broadcast, recreate, perform, or listen to a recorded copy of a copyrighted work. See also Mechanical Rights, Performance Rights, Synchronization Rights and Print Rights Licensing.
Licensor: The owner of the licensed work.
Licensee: The person or entity to whom the work is licensed.
Master Use License: A phonographic copyright license to pay recording owners for music used in film, video, or TV soundtracks. There is no fixed fee for master use licenses.
Mechanical Rights: A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD’s and tapes.
Music Publisher: A person that is authorized to license the reproduction of a particular musical work in a sound recording. (USC 17) More broadly, the publisher typically licenses mechanical, print, sync and performance rights on behalf of itself and any of its rightful co-writers and/or co-producers.
Per-Program License: A license similar to the blanket license in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of a PRO’s music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license
Performance: The live performance of a musical piece, regardless of whether it’s performed by the original artist or in the manner it is best known.
Performing Rights Licensing: The “blanket” licensing rights the “PRO”s administer with radio stations, television stations, clubs, restaurants, stores, digital streaming services, etc. Songwriters and publishers normally belong to one if they have any exploited songs. For the price of these blanket licenses (which vary depending on the size of the broadcaster) the broadcaster can play all the BMI, ASCAP or SESAC songs an unlimited number of times for a measured period of time. These ‘plays’ are tracked and the pool of blanket license money is divided in proportion to the number of plays and the value of plays.
Performing Rights Organizations: In the U.S. these societies (known as “PRO”s) include ASCAP, BMI, and to a lesser extent SESAC. Their fundamental job it is to keep track of every single performance or broadcast of all works protected under copyright.
Pre-Cleared Music: Music that is ready to be licensed for various commercial uses including video, film, advertising and the like. See also Film Music.
Public Performance Rights: A public performance is one that occurs “in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.” A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.
Publisher’s Share: When publishers acquire (purchase) a copyright, they are acquiring the publisher’s share. Depending on the agreement, this is the share of the song ownership that can be bought, sold or sub-licensed. (see Sub-Publishing) The writer’s share always stays with the original author of the song or musical composition.
Publishing Administration: Publishing administration is limited to royalty collection. The publisher will not get additional customers for the compositions. The rate for administration is normally about 10%.
Registration: You or your music publisher registers your songs with a performing rights organization (ASCAP, BMI or SESAC) to get the song details in their database so the correct percentages of performance royalties can be attributed and paid to the correct party. Your music publisher registers your songs with a ‘local’ publisher in a foreign territory so they can, in turn, register the songs with their local mechanical and performing rights societies (mechanical and performing rights organizations) so the correct percentages of foreign mechanical royalties and the publishers side of performance royalties are attributed and paid to the correct party.
Royalties: Royalties are fees paid to rights owners (normally record labels, publishers, writers and performers) for the use of their work. Royalty collections provide ongoing earnings of licensed songs from each sale or broadcast.
Sampling: Sampling or sample licensing requires record label and publishing clearance. There is no fixed rate for clearance so licensing costs can be negotiated with the publishers.
Score: The music that is used in synchronization to an audio/visual work, or the body of music composed for a dramatic-musical work.
Sub-Publishing: A contractual arrangement between a primary publisher of a song and a secondary or co-publisher to handle the exploitation, licensing and collection for the song in, for example, a specialty, private label or foreign territory market.
Synchronization Licensing: Synchronization (or sync) license is the licensed right for a film or other audiovisual medium to use music to synchronize (match) to recorded images in an audio-visual product. It can be a commercial, video game, film, TV show, music video, DVD or website, etc. A synch license usually produces a negotiated fee for certain rights depending on the usage. Synchronization rights are licensed by the music publisher to film and video producers, ad agencies or other program or product producers.
Work For Hire: As defined in Section 101 of the 1976 Copyright Law, this is a work prepared by an employee within the scope of his/her employment, or a work specially ordered or commissioned for use by another person in accordance with a written document as a contribution to a collective work, motion picture, audio/visual and other certain types of works, the nature of which is specifically defined in Section 101 of the Copyright Law. In the case of a work made for hire the employer is considered the author of the work under the Copyright Law (and unless the parties agree, otherwise owns all the rights in the work).
Writer’s Share: The writer’s share represents the authorship of the song. While a copyright can change ownership many times; the writer’s share remains the property of the author. See Copyright for more details.








