It takes more than a good ear to break into music production. This competitive industry requires strategic insight, including the ability to navigate the complexities of music licensing. By knowing how to license music, you gain full financial control over your career and, with it, greater autonomy.
For many otherwise talented producers, however, this can pose a challenge that threatens to undermine otherwise successful careers built on unmatched creativity and technical production skills. While numerous resources can guide the business side of production, it is essential for all producers to understand licensing and navigate this process strategically.
Below, we reveal how to license your music and share valuable music licensing opportunities that can help you make a powerful impression within the contemporary music landscape. With music licensing explained, producers will be equipped with the knowledge they need to make the most of their talents.
What Is Music Licensing?
Music licensing determines how musical works are monetized, distributed and enjoyed by the public. This provides a vital framework for safeguarding intellectual property (IP). The National Federation of Independent Business (NFIB) expands on this idea, explaining that those who create music are “entitled to compensation for its use.”
Therein lies the need for performing rights organizations (PROs) such as Broadcast Music, Inc. (BMI) or the American Society of Composers, Authors, and Publishers (ASCAP) — which play a central role in determining how and when creators are compensated for their musical contributions.
Together, these organizations and other key players (such as publishers and licensing agents) ensure that the systematic use of music licensing promotes both widespread access to musical works and creative protection for the producers and artists who bring them to life.
Defining Music Licensing
Music licensing, by definition, involves the right to use music. Specifically, a music license determines the circumstances in which a copyrighted work can be legally used by somebody other than the music’s creator — whether performed, distributed or even reproduced.
Each music license contains detailed terms, outlining who can use musical works and how. This should not be confused with the copyright, which involves the legal rights held by the music’s creator. By contrast, the music license authorizes the use of music by those who are not deemed creators.
Common Uses of Licensed Music
Licensed music can be enjoyed in many contexts, lending a richer appeal and meaning to a variety of media and experiences. While this concept is closely tied to the world of film and television, licensing is also highly relevant in advertising, software, public events and education.
No matter where their music is played, creators rely on music licenses to ensure they are paid if their work is used for commercial purposes or otherwise enters the public arena. These licenses aim to balance the IP rights of music creators with the public’s desire to enjoy innovative works. For endeavors less commercial in nature, royalty-free music licensing exists to give creators a chance to use quality musical works in their projects at no extra expense.
Understanding Synchronization (Sync) Licensing
Music licenses take numerous forms, with several licenses helping bring great works of music to our favorite movies, TV shows or video games. These uses of licensed music warrant specialized arrangements known as synchronization licenses, which play a significant part in determining how tracks are distributed and enjoyed by the public.
What Is a Sync License?
Synchronization licenses allow for the pairing (or syncing) of music with other media. These legal agreements determine which mediums are allowed to sync a work (e.g., film, television or advertisements), the regions in which they can be featured and for how long.
Sync licenses can be highly lucrative for some artists, especially if their works are featured in popular shows or films. This sparks increased awareness and may produce both streaming bumps and increased album sales. A noteworthy example: Kate Bush’s 1985 song “Running Up That Hill,” which reached #1 on iTunes after it was featured in a 2022 episode of the hit Netflix show Stranger Things.
How Producers Benefit From Sync Deals
Sync deals can be highly advantageous for today’s producers, offering not only access to a broader range of revenue streams and royalty sources but also expanded visibility — potentially boosting credibility and opening the door to even more opportunities. Intrinsic motivation may influence sync deals as well; producers find it validating to see their work represented in film, television or other creative projects.
Key Players in the Sync Process
Many players contribute to the sync process, which calls for a deeply collaborative effort. This begins with artists and producers, as they are responsible for creating tracks in the first place. Beyond this, the following individuals or companies are likely to get involved:
- Publishers – Handling negotiations and collecting royalties, publishers protect the rights of creators while also seeking opportunities to maximize these creators’ associated income potential.
- Sync companies or licensing agents – These companies function as important intermediaries and liaisons between producers or artists and the potential licensees that hope to use their music. They can provide a synchronization license definition that artists can easily understand in order to trust that their music is in the right hands.
- Music supervisors – Film studios or advertising agencies may employ music supervisors, who select music according to each project’s creative priorities. This role goes beyond simply browsing music production libraries and creating a playlist, however: Music supervisors reveal how the right pieces can enhance a work’s mood or storytelling.
- Performance rights organizations – PROs monitor the usage or performances of the music involved in sync deals and ensure that artists or producers are properly paid. They serve a crucial administrative function, collecting and distributing royalties so that creators can access ongoing revenue streams.
How to Get Your Music Licensed
Producers value licensing because it provides financial protection, not to mention can drastically expand opportunities for generating revenue. As such, licensing is purposefully built into overarching production and business strategies, with the goal of developing scalable income streams while elevating the scope of music works — ideally while maintaining some element of creative control.
Building a Licensing-Ready Catalog
A music catalog embodies a comprehensive collection, featuring diverse songs or compositions unleashed by a single creator. This catalog includes works that have not yet been sold or otherwise assigned. These can be deemed licensing-ready if they are professionally prepared and strategically organized.
This effort begins with metadata. This highlights the composers or artists who contributed to a given track, along with details regarding ownership or usage rights. Also essential is International Standard Recording Codes (ISRCs), which represent unique identifiers and help track the sales, distribution and royalties associated with various recordings.
Working With Sync Libraries
Sync libraries involve curated repositories or platforms, which make it easier for filmmakers or other content creators to access music to complement numerous multimedia projects. From the producer’s perspective, these libraries serve as valuable distribution channels, providing yet another source of revenue.
Also known as music libraries or sync music libraries, these digital hubs organize and categorize a diverse array of tracks to streamline critical processes involving sync placements. Producers should vet these libraries carefully to ensure they offer fair royalty arrangements and align with musical goals or styles. This process also entails preparing and uploading tracks according to strict library guidelines.
Networking With Music Supervisors and Agencies
Networking plays an integral role in expanding reach, particularly when initially striving to establish a reputation in a fiercely competitive music industry. In this field, the cliché about the value of “who you know” certainly applies.
Building relationships (namely concerning music supervisors or licensing agents) begins while earning a relevant college degree but continues by getting involved in professional organizations like the Production Music Association (PMA) or the National Association of Record Industry Professionals (NARIP). It’s wise to attend industry events, too, such as the NAMM Show from the National Association of Music Merchants. Independent music licensing may be tempting for artists who don’t want to participate in the machinations of the music industry — yet may be an unrealistic option for anyone expecting to license their work and collect payment in the process.
Legal and Financial Considerations
Complex legal frameworks shape the licensing process, which is also driven by unique financial arrangements. This encompasses everything from ownership rights to royalty structures, plus the aforementioned licensing agreements. These elements coalesce to reveal who earns what and under which circumstances, especially when music is used commercially.
Understanding Rights and Ownership
Rights and ownership drive the entire music industry, determining who controls creative decisions, who uses music and, ultimately, who gets paid. For as long as music has been recorded, artists (and the record labels that fund their creations) have battled over the legal rights to these recordings and how they are allowed to be used and sold.
Music rights management encompasses two main areas in which the performers, songwriters and publishers all play a pivotal part. Critical concepts include:
- Master rights – Master recordings involve the original recording sessions that artists create in the studio alongside their producers. Music publishers often retain the master rights since they foot the bill for studio time and other production costs.
- Publishing rights – Focused on the compositions (such as lyrics or arrangements), publishing rights cover not only physical copies that are sold commercially but also live performances and music licensed for other mediums.
Taylor Swift’s headline-hitting masters drama presents a prime example of the interplay of master rights, publishing rights and other forms of ownership. This dispute began when Scooter Braun’s Ithaca Holdings acquired Swift’s former label, Big Machine Records.
Strongly objecting to this, Swift embarked on an ambitious re-recording project, made possible because she still held publishing rights due to her status as songwriter. Eventually, though, Swift was able to purchase the master recordings in question from Shamrock Capital.
Despite the headline-hitting nature of this situation, Swift’s case is nothing new; Prince’s high-profile battle with Warner Bros. resulted in the pop icon changing his name, writing the word “slave” on his face and declaring, “If you don’t own your masters, your masters own you.” Prince finally won the rights to his masters in 2014 — a victory for artists who wish to have more control over their music and their careers.
Licensing Contracts and Terms to Know
Many artists rely on licensing contracts to give their music added reach as well as a longer shelf life. For those who find success with a one-hit wonder or a catchy track that’s perfect for weddings, sporting events or other specific circumstances, a licensing deal can provide a steady income without the need to create new music or load their calendar with performances.
Several key areas covered in a licensing contract include:
- Exclusivity – Artists can agree to have their music used in several different exclusive circumstances, bound by geographic location or even the types of products featured in advertisements that use specific pieces of music. For instance, Bruce Springsteen famously turned down an offer from Chrysler to use “Born in the U.S.A.” in a car commercial.
- Stems – An often-overlooked aspect of licensing, stems refer to the individual components of a song, like the vocals, drums or guitar parts. Some advertisers may want to manipulate catchy bass lines or exclude vocals altogether. In these situations, stems must be referenced in licensing agreements.
- Scope of use – Many artists will accept lower licensing fees if their work is used for nonprofit ventures or social campaigns that are important to them. Scope of use clauses also dictate which media are allowed to feature licensed works.
Collecting Royalties
Creators such as songwriters, recording artists and producers earn royalties: a unique form of revenue linked to the ongoing use of intellectual property. Royalties involve passive income — earned whenever works of music are streamed, broadcast or performed in public. To collect these royalties, producers must enter into agreements with artists and record labels. This effort calls for clear documentation of ownership shares.
Tips for Success in Music Licensing
Success in music production begins with creative concepts and fully developed mixing and mastering skills. These abilities alone are not enough, though. Without an in-depth understanding of music licensing, producers may struggle to generate sufficient streams of revenue, and some may even be taken advantage of due to their substantial gaps in contractual knowledge.
As a producer, you can avoid these issues by familiarizing yourself with music licensing platforms and concepts as well as following some best practices:
Creating High-Quality, Versatile Tracks
Make the most of sync licensing with versatile tracks that complement visual media. A well-rounded catalog will include various styles and moods that could support a range of scenes from movies or films.
In addition, upbeat tracks can be used in advertisements or other projects, although softer or more emotional tracks may better reflect heartfelt moments in documentaries or dramatic sequences from certain television shows. Music may also be deemed “syncable” if it features simple melodies and avoids complex or otherwise distracting musical elements, which can overpower critical visuals or dialogue. Some artists seem to have perfected a “formula” when it comes to music licensing for film and TV, which explains why certain songs always seem to appear in movie trailers or television commercials.
Staying Organized and Professional
Well-organized producers are more likely to successfully leverage sync rights and other opportunities. This effort begins with building a licensing-ready catalog, but other organizational strategies can also prove influential. Essentials include:
- Tracking licensing agreements
- Monitoring licensing platforms
- Auditing existing catalogs
Staying Current With Industry Trends
The music industry is evolving at a rapid pace, and the platforms or strategies that producers take for granted today may no longer be as relevant or as profitable in the future. Music licensing for streaming is now a major factor that must be considered by every artist, producer and publisher.
As new solutions become available, explore these opportunities to determine whether they relate to your overarching strategy and hold the potential to form new or more effective revenue streams. Getting in early on promising platforms or distribution models could spark a considerable competitive edge, as previously enjoyed by early streaming adopters like Clairo, for example.
In the wake of the previously discussed Taylor Swift master recordings dispute, the industry may veer toward granting artists or producers greater control over their IP. From the producer’s perspective, this shift may spur greater autonomy but could also require a greater understanding of the business side of production.
The other big frontier in music publishing and licensing involves what researcher Luca Turchet describes as the Musical Metaverse: a music-focused “virtual environment blending the physical and the digital, facilitated by the convergence between Internet of Things and Extended Reality (XR) technologies.”
Learn to Protect and Promote Your Work With RMCAD’s Music Production Program
As an aspiring producer, you should seek a well-rounded introduction to the music industry. You’ll find exactly that when you study music production with Rocky Mountain College of Art + Design.
Our innovative music production degree program delves into not only music theory, composition and digital production technologies but also the business practices that currently shape the industry. This immersive program is available online, but those who live nearby can make the most of the Rocky Mountain Sound Lab (RMSL). Get in touch today to learn more.
