Getting Permission to Synchronize Music-Part 2


As we discussed in Part 1, In order to clear any particular copyrighted work, permission must be granted from the two copyright owners: The publisher that represents the composition, and the entity who controls the master recording. The first step, and not always an easy one, is to determine who actually controls these two copyrights.

Frequently the publishing and copyright information is clearly printed on an album or a CD, however in the digital age, a CD jacket is not always your starting point. There are a few resources that are valuable places to begin. A great place to start is the two largest performing rights organizations: ASCAP (American Society of Composers, Authors, and Publishers) and BMI (Broadcast Music, Inc.). ASCAP and BMI work closely publishers and copyright owners and often have the information you are looking for. Another source would be the Harry Fox Agency. The Harry Fox Agency is the premier mechanical licensing agency for music publishers in the United States. Mechanical licenses are different than sync licenses and are a separate discussion altogether.

Starting the Process

Once you have determined exactly where and with whom you should request a sync license, there are steps you can take to try and move the process along without any unnecessary delays. The more complete your request is, the smoother the process will be. Your request needs to be put in writing and either mailed, emailed, or faxed to the controller of the copyright. Your request should be well organized, factual, and to the point, and should probably be no longer than a single page. In other words, they probably don't care that you have been a fan since high school and that you already spent most of your budget on equipment rental. In fact, the last thing a copyright holder probably wants to hear is that their music was way down on your list of priorities. Remember, musicians have egos. If you are working with a small budget, it's ok to mention that, but don't bore them with the details. Always keep in mind that yours is not the only request they are getting. Copyright permission takes time, so be courteous but persistent.

Some copyright or licensing departments will have a standard request form that you will need to fill out and fax in. Others may have an online tool. Either way, you will need to be prepared with the proper information for your request for a sync license. In Part 3, we will discuss exactly what that information is.

Requesting permission to use a copyrighted work can be a lot of work, but it can also be very rewarding when that piece of music really makes your production come together. If you are starting to think that obtaining a sync license is more work than you expected, hang in there. We'll discuss some easier options in Part 4.