Landr music5/8/2023 ![]() ![]() Still, thousands of new works are added every day to thousands of music databases existing within the publishing industry-which makes the task very complex. Technologies like audio fingerprinting, metadata enrichment or blockchains have been developed to reduce over time the number of unidentified works. To remain relevant, collective societies understood the importance of cooperation, and their future strongly depends on the success of such initiatives. Today, there is no system in place to reconcile the two, and third-party tech providers often don’t have access to it. Moreover, the international licensing system relies on two types of information: the sound recording data, associated with the International Standard Recording Codes ( ISRCs) and the publishing data, associated with the International Standard Work Codes ( ISWCs). Very often, the information available is not qualitative enough to properly match a work with its rights owners. Collecting societies rely on metadata to identify works. ![]() The number one challenge in the licensing system today is the identification of works. ![]() It is always prudent to consult with an attorney before using a music content under ‘fair use.’ What are the main challenges in the industry regarding licensing? Unfortunately, the law does not clearly indicate exactly which uses constitute ‘fair use’ and which do not. Under the doctrine of fair use, the use of limited portions of copyrighted material may be permitted for purposes such as teaching, research, criticism, news reporting or parody. In certain limited situations, copyrighted music may be used without a license. This license is referred to as a master use license, which like the synch license, is usually obtained by the producer, not the broadcaster. Similarly, when music is synchronized with moving images for television or other audiovisual productions, a license must be obtained for the use of the recording. ![]() The producer, not the broadcaster, is typically responsible for obtaining the sync license. Specifically, a synch license allows the reproduction of a composition in timed relation to moving images in an audiovisual work. A license known as sync license must be obtained from the music publisher or songwriter that owns the composition. When music is reproduced as part of the soundtrack of a film, TV program or similar media, the reproduction is called a synchronization. In these cases, additional licenses covering the reproduction must also be obtained. When music is reproduced as part of the soundtrack of a film, TV program or similar media, the reproduction is called a synchronization.Ĭertain uses of music in broadcast programming may involve not just the public performance of music, but also the reproduction of the song and master recording. Thanks to their deals, they collect money on behalf of the artists and give it to them. That’s why it’s so important for musicians and songwriters to be members of a PRO (organizations like ASCAP, BMI, SESAC, SOCAN) or CMO in Europe (SACEM, SIAE and GEMA). That’s why it’s so important for musicians and songwriters to be members of a PRO or CMO. The blanket license authorizes the music to be played on the air-but also on streaming platforms (Spotify, YouTube, etc.). Rather than licensing each song separately, broadcasters enter into ‘blanket’ licenses with each of the PROs/CMOs that authorize the use of all musical compositions in their repertoire. Performing Rights Organizations (PROs) and Collective Management Organisations (CMOs) are responsible for licensing public performances. Also depending on the type of use, a license may be needed from the music publisher, the record label, or both. For different uses, different kinds of licenses will be necessary. This means that for most music included in mainstream broadcast programming, a license must be obtained and license fees must be paid. This includes the right to authorize or refuse to authorize others to exercise those rights. The owner of a copyrighted work has the exclusive right to reproduce, distribute, publicly perform, display and adapt the copyrighted work. Get fast, insightful support and promotional tips, tools and tricks and distribution to 100+ music streaming platforms when you release your tracks with LANDR. ![]()
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