What is a Music License Agreement?
A music license agreement is a legal contract between a person or entity who has certain rights to a piece of music and an individual or business interested in using that music. The agreement helps ensure that individuals or businesses interested in using the music have permission. It also protects the composer, musician and other owners of the rights to the music from unauthorized use or wrongful exploitation of the music.
The music license agreement may cover just one song, or may cover an entire album. The music license agreement can also set parameters for the use of the music. For example, it can allow creative use of the music , or it can limit the use of the music to only those individuals or businesses who obtained permission through the language of the music license agreement. It can also involve compensation to be provided to the owner of the rights to the music.
Common uses of music license agreements involve songs that are used in movies, commercials, promotional videos or product advertisements. Such licenses not only grant permission to those using the music to do so, but may also require the parties paying for the use of the music to provide attribution or credit for the use of the music.
An experienced entertainment attorney can assist with the development of a standard music license agreement PDF that meets the needs of your music and meets other legal requirements.
Types of Music License Agreements
The three main types of music license agreements are:
1. Sync Licenses
A sync license allows the licensee to synchronize a song to a moving image, like a music video, commercial, or film. This gives the licensee the right to incorporate the licensed composition into an audiovisual work.
2. Mechanical Licenses
A mechanical license allows the licensee to make and distribute a cover of a song. This generally includes physical and digital versions of the songs. This is guarded by the compulsory license described above.
3. Performing Rights Licenses
A performing rights license allows the licensee to publicly perform the licensed song, such as on the radio or other production. This covers any performance of the song that can be heard in a public space.
Parts of a Standard Music License Agreement
A standard music license agreement PDF contains some essential elements that both parties must address and understand to ensure a successful recording session. The parties involved in the agreement are the most critical components. The license agreement details all of the rights granted to the licensee to use the specified music and how the licensee will compensate the licensor for the use of their property.
The music license agreement describes the parties involved, including their role in the licensing process. The licensee is often the client, but it can also be a management company or producers. A publisher or record label could act as the licensor in this process. In most cases, the producer is considered the client.
There are three basic rights that the licensor must provide to the licensee. The license agreements spell out which rights are granted and any limits on how those rights can be used and applied. The three rights are reproduction, distribution and broadcasting.
Reproduction – The licensee needs the right to reproduce or duplicate the copyrighted material, be it digitally or on a physical medium such as a CD, DVD or cassette tape. The license agreement should describe what quality of reproduction is acceptable and whether certain approval is required by the licensor.
Distribution – The distribution rights describe how the licensee may distribute the music to the public once it is agreed and recorded. Recording the work isn’t always included in the license agreement but can be if the parties so desire. The licensee will want the ability to distribute the music in its digital form on a physical copy, often using the Music Genome Project (R) system made popular by Pandora. The process involves splitting a work into two-minute recordings for the licensee to distribute.
Broadcasting – This section of the music license agreement will describe how the licensee may broadcast the music to the public, such as through the Internet, television or radio. Since digital streaming has become the most popular way to listen to music, the licensee will want this right so that the music can be heard anywhere.
Advantages of an Agreement in PDF
One reason that musicians and those in the music industry choose to have a standard PDF agreement for music licenses and for other agreements is that having licenses and contracts in an electronic format is a good backup. Though any written backup can be useful, an electronic backup is especially convenient for people who do business on the internet because digital documents are readily available and easy to send.
A standardized music license agreement document gives consistency to various music licenses and an added degree of efficiency. With an agreement that is consistent, the music artist and the other party know exactly what to expect. There are no unexpected clauses that might alter important terms of the license agreement. This is not only advantageous from a practical point of view because it creates efficiency in the creation of the license, but it also may even protect musicians legally if a dispute should arise later. Disputes can often be prevented by making sure that the terms of the license are clearly stated. With things clearly stated in a standardized license agreement, musicians might be legally protected as well.
Music license agreements that are in PDF format can be sent easily via email and with a touch of a button and can simply be attached to an email or uploaded to a music licensing platform so that the intended recipient can view it. They can also be saved easily on a computer, tablet or other digital devices. Storing a license agreement on a computer can also offer the benefit of the use of electronic signature software.
How to Access and Use PDF Music License Templates
The internet is a vast resource which is able to provide readers with all sorts of templates that can be helpful in completing various legal tasks. One such template that is of use to those dealing with music copyrights is a music license agreement in PDF form. Accessing such a template is quite simple. To start, a web search for "music license agreement PDF" will yield a number of results. The user can read through these results and find the one which appears to be the most reputable and appropriate for his or her purposes. In this search, the results for R. Alsofsky Advisor’s "Standard Music License Agreement PDF Templates" came up as the fourth result. As the most pertinent result, clicking on this link takes the reader to a page where he or she can input their contact information in order to receive the PDF template in their school or work email inbox . The reason the Alsofsky Advisor is one of the most trustworthy resources for publishing a standard music license agreement in a PDF document is that it has been providing this format free to the public for the past year. In doing so, it has gathered a large base of devoted readers who return to the site in order to find other types of legal templates that may be of benefit to their work in the entertainment industry. Customizing a legal document takes only a few minutes. All the person using the document needs to do is input the required information about himself or herself, as well as the other individual or entity with whom they are entering into a licensing agreement. Having a template to use saves the person from the stress of trying to create a music license agreement from scratch.
Legal Aspects of Music Licensing
When it comes to music licensing agreements, there are a wide range of terms and details to explore. That is why the specifics of each deal or agreement should vary based on the type of usage to which the music licensing pertains. One thing that is consistent across the board is the legal terminology you will find in these agreements. The following is an overview of some of the most important considerations when making or entering into a music licensing agreement:
Copyright Issues:
Any time you record, play or listen to a piece of music, you are likely dealing with copyright laws. Copyright is the exclusive right for reproduction or publication of any music content. Writing new music is not necessarily as clear-cut when it comes to copyright – especially when you consider that it is possible for a new piece to incorporate copyrighted material. Because of the legality of copyright, many licensing deals involve copyright transfers. This requires an entirely new agreement for the purpose of legally transferring ownership of that piece of music from one party to another.
Dispute Resolution:
Even when both parties consent to a deal, that does not necessarily mean either one will uphold their side of the contract. This is why dispute resolution methods are spelled out in detail within the majority of music licensing contracts. Many companies prefer SHL arbitration, while others recommend mediation as an alternative. If an agreement cannot be made, one dispute resolution method is to seek legal action through a licensing lawyer.
Frequently Asked Questions on Music Licensing
Common questions related to music licensing agreements are:
How much should I pay?
Not all licenses come at a price. Many artists give away their music to get exposure, while others won’t license their works until they know who they’ll be attacking and from what angle. You won’t know unless you ask.
What does it do for me?
A licensed tracks provides you the freedom to do what you need without worrying about whether you’ve asked, paid for and arranged for media to use it. It gets you in and out of the edit suite sooner. Since the bulk of licensing and tracking work gets done at the front end, tracking bad details at the end is money wasted.
What am I getting?
Most licenses are blanket. You cover yourself across media. A limited (exclusively on YouTube) license is cheaper. Need a specific number of views to be capped? You can probably get that , too. Don’t take the licenses for granted. Read the fine print. Check for music recognition technology. Make certain your area of use is explicit and up to date. Some are on free playlists. Others are direct from the artist/label/publisher. Look for indemnification.
Can I afford not to license?
If using music without license may not subject you to indictment, it’s likely you weren’t using music people actually know, love, or need. If so, great! But if you use something identifiable and recognized, you’re likely crossing into the realm of a music label or publisher. Money and muscle just might be enough to play the odds. But consider the liability upside, and ask yourself if you can afford to lose or if you’re ready to fight.