Oct
30

Deconstructing Licenses: Sound Recording Master

Posted on October 30, 2011

Deconstructing Licenses: Sound Recording Master

FAQ: “Now that I have this license, what does it allow me to do and what can’t I do?”

 

You need a master recording license to legally reproduce a song from an existing audio recording track owned by someone else, rather than your own recorded performance of the song. The license is requested from the artist or the record label (not the song publisher) and can be denied, so it’s vital to plan in advance and obtain permission prior to reproducing it in any form.

 

There are three primary license types for use of sound recordings:

  1. Master mechanical - reproducing someone else’s original recording on your own audio product, whether a CD or audio digital format, like MP3.
  2. Master synchronization - syncing and reproducing a recording on your audiovisual product (DVD  format or digital audiovisual).
  3. Master digital recording streaming - performing or streaming a recording on your website (e.g., Internet radio or worship service), covering digital recording performance rights for both audio and audiovisual formats.

 

NOTE: The first two licenses deal with “reproduction and distribution” rights, and the third license covers Internet “performance” rights. 

 

Here’s what the master mechanical license allows you to:

●     Reproduce, manufacture and distribute the copyright owner’s audio recording of a specified song title(s) track on your physical audio recording for configurations like CD, cassette tape, LP. This license can also cover audio digital files like MP3s if requested and specified in the license terms, but sometimes requires a separate license;

●     Distribute specific number of units of the song recording, as detailed in the license;

●     Sell your recording (you still need a license if you give it away);

●     Royalty fees fall within the range of $.25 to $.50 per song track per unit with some minimums of $25 to $40 for Christian recordings and $150-500 for secular labels.

 

The license does not include the rights to:

●     Use and reproduce the musical work (song) on the sound recording. This is a separate license from the songwriter or publisher.

●     Publicly play the sound recording by digital transmission; e.g., stream or webcast the recording on the Internet. Publicly playing a sound recording at a facility (non-digital transmission) does not require licensing; e.g., playing a CD or audio file in your church coffee shop.

●     Synchronize the song with an audiovisual product;

●     Use the artist name or recording title as the title of your recording, unless specifically requested and granted in the license.

 

The master sync license allows you to:

●     Sync and reproduce an audio recording in timed relation with visual images, e.g., motion pictures, video, advertising commercial, etc.

●     Distribute specific number of units of the audiovisual product, as detailed in the license. If you want to download your audiovisual, you must request this specific use and have it included in the terms of the license;

●     Sell your audiovisual product (you still need a license if you give it away);

●     Royalty fees are typically $.25 per song track per unit with some minimums of $60 to $100 for Christian recordings and $350-500 for secular labels.

 

The license does not include the rights to:

●     Synchronize and reproduce the musical work (song) on the sound recording. This is a separate license issued by the songwriter or publisher.

●     Publicly play your audiovisual product by digital transmission; e.g., stream or webcast your audiovisual on the Internet, unless your license specifies the Internet performance right to stream it.

●     Broadcast your audiovisual product on TV. 

 

Master recording Internet streaming license allows
you to:

●     Stream or webcast online an audio recording;

●     Stream in non-downloadable format for a specified period of time;

●     The license will usually allow you to reproduce the sound recording on your own audio recording or audiovisual product to make one copy for the   purpose of streaming online.

●     Royalty fees vary but range from $15 - $150 per recording track for six months for Christian labels, or $150 -$300 per track for secular labels.

 

This license does not include the rights to:

●     Download the sound recording;

●     Stream or webcast the song or musical work (both the CCLI streaming license and CCSs WORSHIPcast License cover song Internet performance rights).

●     Sell your audio or audiovisual product.

 

Here are a few key points about master recording licenses:

●      Two types of copyrights routinely cause frustration and confusion: 1) music (or songs) – including any accompanying words, and 2) sound recordings – aural reproduction of some material (music, speech or sound), which may or may not itself be copyrighted. (for more in-depth information http://www.copyrightcommunity.com/copyright_community/2010/09/songs-vs-sound-recordings-know-the-difference.html#more-739

●     The license is unique for a particular performance of the song as specified on the license by 1) your product or artist 2) percentage of ownership controlled by the licensor 3) your recording’s product no. 4) no. of units manufactured 5) release date 6) recording time. If you exceed the stated number of units, you must request another license, and you can not reproduce the recording on a different product or format at a later date.

●     There is no standard rate for master recording licenses, and some owners set high minimum fees or advances.

●     Licensor may require detailed information about your audiovisual product, such as thematic description and content of the visual images to be used in sync with each audio track.

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