| In the connected world, where businesses pop up like | | | | when pricing Drop Licenses is - the larger the |
| dandelions and anyone with a computer can upload | | | | audience, the higher the price. (Rate cards can be |
| video, audio and text-based content to be shared | | | | requested with Drop Licenses.) |
| across the web, it is of growing importance to | | | | A Blanket license is a license that affords a user |
| understand the potential legal risks that online | | | | either a set number of music selections or unlimited |
| businesses face. | | | | use of music selections in any given production. The |
| Most internet businesses make use of some sort of | | | | distinction between a blanket and drop license is a |
| rich media on their websites such as video or music. | | | | drop is issued for one song, a blanket for many. |
| What most don't realize is that even the smallest | | | | Obtaining a blanket license involves dozens of |
| S-Corp can find itself in hot water with the music | | | | variables, so it usually requires some negotiation. |
| industry if it doesn't understand the basics. | | | | Venues such as radio stations or night clubs will often |
| The intent of this article is to focus on the use of | | | | require blanket licenses. |
| production music (any music on your website you | | | | Is A Sync License the Same as a Performance |
| didn't personally create) and the ways you can | | | | License (Permission from the Musician)? |
| protect your business or yourself from copyright | | | | Unfortunately, no it isn't. Obtaining a Sync License |
| infringement. | | | | doesn't absolve you from getting legal permission |
| What is production music? | | | | from the artist. And, seeing as musicians aren't |
| Production music is music intended for use in | | | | known for their knowledge of the legal system, you |
| connection with websites, films, corporate videos, | | | | might imagine that obtaining such a license would be |
| television shows, commercials, Internet video, | | | | rather difficult. In actuality, the opposite is the case. |
| multimedia and any other form of media that requires | | | | The reason for the relative ease of obtaining a |
| music. | | | | Performance License is most musicians are |
| If you've ever listened to an advertisement on the | | | | represented by one of two agencies or |
| radio, watched an infomercial, or heard menu music | | | | "performance right societies" that handle the legal |
| on a video game, then you have probably heard | | | | jargon. These societies manage the rights of |
| production music. | | | | performers and see to it that artists get paid when |
| Production music libraries cover a multitude of genres, | | | | you play their songs in a "public" venue. |
| providing music for most tastes at varying levels of | | | | Performance rights societies such as ASCAP, BMI and |
| quality. Traditionally, production music comes in | | | | SESAC collect monies for composers and publishers. |
| shorter lengths. These lengths are normally 30 | | | | These societies handle Performance Licenses and |
| seconds, 60 seconds and 90 seconds. Production | | | | should be consulted before you publish any finalized |
| music also comes in different variations known as full | | | | work. |
| and reduced versions. Reduced versions are identical | | | | Who needs a performance license? |
| to full versions with the exception of one or possibly | | | | Anyone who uses copyrighted music in a public place |
| two of the main instruments having been removed. | | | | including radio and television stations and/or their |
| Who uses production music? | | | | networks, all new media, like the Internet and mobile |
| Production music is most widely used by industry | | | | technologies such as ringbacks and ringtones, satellite |
| experts like, video editors, producers, music | | | | services like XM and Sirius, discos, nightclubs, bars, |
| supervisors, videographers, and creative directors. | | | | restaurants, hotels, and other venues. This includes |
| Although increasingly, it is being used by relative | | | | digital jukeboxes and live concerts. All should obtain a |
| amateurs for websites, podcasts, streaming video | | | | performance license. |
| and more. | | | | What happens if I don't have a performance license? |
| How do I Get a License? | | | | Production music users are in danger of copyright |
| Something called a Synchronization License or Sync | | | | infringement without a license from a performing |
| License must be obtained for the music in question | | | | rights organization. If you're an individual with a small |
| before it can be utilized in any audiovisual production, | | | | audience and no real money (ie you're not a |
| such as a motion picture, television program, | | | | business), then you are at lower risk of having suit |
| television commercial, video production, or website. | | | | brought against you for copyright infringement. |
| Sync Licenses come in different shapes and sizes. | | | | However, if you're an individual with a large audience |
| Two of the most popular are a Drop License and | | | | or you're a business or organization and you fail to |
| Blanket License. They are most commonly made | | | | obtain the proper licensing, be prepared to hire a |
| available by production music publishers such as | | | | lawyer. |
| Slynth (How"> | | | | The basic rule of thumb with rich media on your |
| How do I get a Sync License? | | | | website is this: If you're going to use audio without a |
| Production music publishers will usually license music | | | | license, make sure no one sees it. This may be a |
| on what is called a needle drop (a.k.a Drop License) | | | | difficult rule for most webmasters to cope with, as |
| or a Blanket License. | | | | the purpose of internet businesses is to be seen. |
| A needle drop or Drop License is a license that | | | | Although its far more expensive than "free" the best |
| requires payment for individual songs. The prices for | | | | choice for sites with large audiences, is to be safe |
| each song vary depending on the type of production | | | | and purchase the required licenses. |
| in which the song is being used. The rule of thumb | | | | |