Introduction to TV Music licensing
This post will briefly explain to fellow musicians how to place their music in TV and multimedia.
Some professionals already know what a sync license is, but many aspiring musicians don’t. That’s why I’ve spent time studying this subject, to explain it clearly and simply for you.
Here’s the straight-to-the-point guide, made just for you.
Note: This article is for educational purposes and does not constitute legal advice.
Main image credits: Ron Lach
How to get my music on TV?
This post is not going to tell you exactly, step by step, how to place your music.
It doesn’t contain a magic formula. That doesn’t exist.
In practice, most placements happen through music supervisors, sync agents, publishers, labels, or music libraries.
If they subjectively value your track enough to place it in their media and they’re not restricted by contract, they’ll do it. If they don’t, they don’t. Simple as that.
There are ways to do it, but this post is going to focus on the legal concept of licensing applied to synchronization rights.
What is a sync-license? Why do I need it to get my music on TV?
A sync license is a contractual authorization granted by the copyright owner (or exclusive licensee) to synchronize the music with visual media.
What is synchronization?
In short, synchronization allows you to play or reproduce a work inside an audiovisual format.
Example: A TV producer wants to use your instrumental track for a Netflix documentary trailer. Instead of acquiring your copyright, they request a sync license so they can use the track for 30 seconds in the intro scene.
Why do I need to license it?
Actually, you don’t need to obtain it, the producer does.
Generally speaking, from a producer’s standpoint, there are two ways to get a particular work playing in an audiovisual work, like a movie, TV show, or documentary:
- Get a sync license.
- Acquire the respective rights from the work (become the copyright holder).
Read carefully.
These terms are functionally equivalent, as they both allow the same use of the track, but legally, they’re not equal.
Difference between licensing and transferring copyrights
If you read between the lines, you have probably noticed an intuition going on in the back of your mind.
Make a guess.
If you thought that licensing doesn’t transfer copyrights…
You guessed right.
Licensing allows a third party to use your work without transferring the copyright, so you can preserve your ownership.
Remember that copyrights are exclusive rights, and when you transfer them, you give this exclusivity to third parties. This means you no longer hold ownership of your song.
In short, licensing lets you keep control, while transferring means letting go.
This is what they mean with keep your publishing among other things.
Advantages of sync-licensing on TV
Asides from not giving away your copyright, there are many other advantages to sync-licensing, hence why it’s common practice in the industry.
You can license to multiple productions, forms of media and situations
Do you want your song played in a high-intensity, adrenaline-filled scene? Or are you a romantic who wants their music used in passionate, romantic scenes?
Licensing, instead of transferring copyrights, allows you to do that. As long as there aren’t contractual restrictions, like exclusivity clauses.
You can omit choosing certain projects
If a project has a political leaning you don’t like, or is pushing a narrative you find unappealing, you wouldn’t want your work to endorse it.
If you’re the copyright holder, you can refuse. If you aren’t, the actual copyright holder could include your song without your consent.
Terms are negotiable legal-wise
Not everyone has unlimited negotiating power, but it’s never impossible to negotiate. You can allow remixing, charge a fee per use, or limit the contract’s scope in terms of territory, song length, editions, or specific scenes.
As long as the conditions are accepted by both parties and comply with the law, you are free to define the terms.
How do licensing contracts work
A licensing contract is one where one party agrees to allow the exercise of one or more rights from the bundle of rights given by copyright.
This agreement is legally binding. In exchange, the author may request a fee, or leave it as a free license.
Some licenses aren’t directly negotiated, but established by the author unilaterally, like Creative Commons licenses.
However, these are rarely used in professional TV syncs, as many restrict commercial use or require attribution that broadcasters cannot accommodate.
In practice, TV syncs are almost always individually negotiated, allowing authors to grant use without transferring copyright.
Sync-licensing in TV: some particular aspects
Every placement typically requires two separate licenses:
- Sync license (for the composition)
- Master-use license (for the sound recording/master)
These may be owned by different parties. If you have a co-writer, publisher, or label, all rights holders must approve.
A sync license is required for producers to include music in shows, commercials, or movies. Public performance rights cover broadcasting, usually handled by networks. Producers must license the music before the broadcaster can air it.
Contractual Restrictions
You can restrict use to a single commercial, specific episodes, or particular scenes. You can also expand rights, e.g., negotiate first rights for future synchronization as a condition for the main one to be accepted. Although this is not common, it’s legally possible.
Sync Licensing fees: How much to charge for it
Fees are determined by the market, not law. They depend on many factors:
- Sync duration
- Territory
- Exclusivity
- Prominence of use (background vs. main theme)
- Song popularity and cultural relevance
Other elements may also influence fees.
In Summary (TL:DR)
- Sync licensing is how producers place artists’ music into TV & media.
- It can be exclusive or non-exclusive.
- Conditions can be freely negotiated as long as they’re legal.
- Can be limited by territory, number of uses, or content.
- Applies to both masters and composition rights.
- It’s a contractual agreement granting legal permission for third parties to use synchronization rights.
