The sync license is generally negotiated between the producer of the film and the publisher or publisher’s representative to authorize the utilization of the underlying work. It is similar to a mechanical license (which permits the reproduction of a work on a compact disc or other audio format) and the fees for the license usually go the publisher and/or the composer. It is worth noting that a sync license does not permit the publisher to use any specific recording of the work. If a specific recording is desired, then another license — a master use license from the recording copyright holder — must be negotiated. The sync license would permit making a new recording of the work, however. Generally the sync license will only permit the use of the work in relationship to the film or commercial, and may specify that the producer is prohibited from utilizing the work in soundtrack albums and promotional CDs separate from actual prints of the film or commercial.

Fees for sync licenses, as they do for so many other things, vary widely, usually depending on the intended use of the work in the film. For example, the fees will generally be higher if the work is going to be used as a title song in a commercial or in a film. Another factor is whether the work will be used prominently or just as background music. Still other factors involved in arriving at a fee include the popularity of the work and the fame of the composer. Where the license is for student films or film festival uses, the fees structure is typically lower.

Other matters which are covered in the sync license and may be subject to negotiation are:

Publicity is normally left exclusively to the producer, and therefore the publisher expressly agrees not to release any information about the film or commercial without the consent of the producer. The only caveats here are (a) the credit to be given to the publisher or composer, which usually requires something like "Musical Score by" in the opening and closing credits, and (b) a prohibition on the use of the lyrics as the title or subtitle of the film. This right can be negotiated, but it costs more.

Artistic Control, which again is generally left exclusively to the producer, with the caveat that the producer can not make any changes to a song’s lyrics or the basic character of the musical composition and is prohibited from using any dramatic content of the lyrics as part of the film’s plot.

Representations and Warranties, which are important to the producer because he wants to be sure he is getting what he pays for. The publisher will be required to represent that it owns all rights to the work and that the granting of the sync license will not infringe upon or violate the right of any other person, or of any contract to which the publisher is a party.

So the next time you are sitting with a lap full of popcorn or other goodies watching the gyrations on the screen, remember:

The starlet was dressed like a mink
And she moved with cat-walk like slink
With the entry of Romeo
Came a music crescendo
Putting both audience and actors "in sync."

© September 2007 Jon Lee Andersen