Sync Licensing 101

Written By levi downey

A brief history of music synchronization licensing and some best practices for placing your music in film, tv, and ads.


My background:

  • Independent music producer

  • I work with a few teams, some agencies, some music supervisors, some libraries to make music specifically for sync.

  • I’ve had some success, likely not as much as others in our community: ~15 placements ranging from small ads, a few tv shows, indie movies and podcasts etc.

  • Worked for the Guild of Music Supervisors for ~3 years

  • Disclaimer: US centric legal stuff (tbh i don’t have a good grasp on international copyright law, neighboring rights, etc.). Also, I’m not your lawyer, this is not legal or financial advice, do your own research, etc. etc.

My general thoughts and feelings about sync:

  • Sync as primary focus is not for everyone

  • It’s a lot of relationship, it’s a lot of luck, and of course hard work

  • Sync is a great way to “get paid to practice” your craft!

  • Bad fit ≠ bad music

  • Good music ≠ good fit


TABLE OF CONTENTS:

What is music synchronization licensing or “sync?”

Brief history of sync licensing

Broad categories of music used in visual media

The music placers

“But will it clear?” It’s all about that IP

The deals

The monies

Paths of least resistance



What is music synchronization licensing or “sync?”

Sync licensing is the process of obtaining permission to use a piece of music synchronized with a visual media: film, television, advertising, games, etc…. Anything with a visual element + music + time requires a synchronization license (yes, including NFTs).

Brief history of sync licensing:

  • 1790 - through 1900s - Publishing of printed sheet music. Economic incentive to promote and sell the music of popular composers. Writers retained a “writers share” and publishers collected on their behalf. Only really protected “musical compositions” if fixed in a  *written score* not the underlying musical ideas.

  • The Jazz Singer (1927) pirated music used in the trailer unsanctioned by the producers of the film. Sold to movie theaters to promote the film.

  • 1950s and 60s Composers and songwriters licensing their creations to movie producers became more common. 

    • "Moon River" by Henry Mancini & Johnny Mercer for the film "Breakfast at Tiffany's" (1961).

    • Stanley Kubrick's "2001: A Space Odyssey" (1968), which prominently featured works by Johann Strauss II, Gyorgy Ligeti, 

  • 1971 - Sound Recording Act and Copyright Act of 1976. Congress extended federal copyright protection to a new type of creative work, the sound recording. Effectively creating a legal distinction between the recorded sounds and the underlying composition.

    • Very important, created three distinct rightsowners: Sound Recording (aka “master”), Publishing (½ composition), Writing (½ composition).

  • As film and TV (and subsequent ads) grew in popularity and financial power, composers, publishers, labels, and artists began to formalize sync license agreements converging pop culture, movies/tv/ads, and modern music. Some examples:

    • "Don't Stop 'Til You Get Enough" by Michael Jackson (1979) used in a Suzuki and Pepsi ads

    • “Don’t You (Forget About Me)” by Simple Minds, written by Keith Forsey for Breakfast Club (1985) - Song released the same month as the film. The Breakfast Club Movie Ending

    • “In Your Eyes” by Peter Gabriel (released in 1986) used in the “boombox scene” in the 1989 movie Say Anything - song released 3 years BEFORE the film Say Anything... (3/5) Movie CLIP - Boombox Serenade (1989) HD

    • Moby 1999 album “Play” after moderate commercial success of album release, every song on album licensed (bailey's, nordstroms, etc.) and later hit the charts a year after it’s release

  • Now sync is big part of the music industry

    • Warner & RIAA have estimated total sync revenue to be ~$1 billion dollars annually which is around 17% of all music industry revenues.



Broad categories of music used in visual media:

Remember that synchronized music is syncing to something else. Some other story, some other narrative that, in that moment is *more important* than the song alone. They are of course interconnected, but the final decision makers on what music to use will almost always choose the piece that serves the story (and budget) best. In some cases, this can even mean “interesting” or “standout” songs pull too much attention from the audience and a less “potent” option will be used.


General placement types:

  • Score/Custom - New creations made by composers and hired songwriters/producers. Often paid for in advance or to winning bid by the production company/brand/studio.

    • Typically via direct relationships/referrals to the show/movie/ad team.

  • Needle Drops

    • Non-featured - Often background, diegetic, instrumental cues, or “production music” not intended as the main focus of the audience. Typically pulled from big libraries or in-house catalogs.

      • Typically a high-volume numbers game. Pump out as much music as possible and sign to as reputable library as possible.

    • Featured - Often songs with vocals and lyrics meant to be one of the main focus points of the audience. More common for known songs via established labels and publishers.

      • Typically requires persistence and some luck. Making really good high-production value

  • Trailers/Promos

    • This is a totally unique game. Highly specialized music makers, agencies, production teams etc. have direct contacts with the big trailer houses.


The music placers:

Creative control chain of despair lol:

Showrunner/Director/Producer → Production Co. → Music Supe → Agency/Lib → Music Maker

Music placers (music supervisors, showrunners, ad producers, etc.) are on one side of the spectrum. On the other are the music makers (songwriters, artists, music producers, etc.). And in between the two sides are the music operators (libraries, sync agencies, publishers, etc.). These three groups often aren’t able to come to an agreement on sync fee, use terms, and timelines.


On the music placer side, once a song is identified as being a good fit, there is the inevitable next question…

“But will it clear?” It’s all about that IP:

Separation of copyright types in musical works: Composition (writer+publishing) and Sound Recording (master). A sync needs explicit permission from ALL copyright holders and controllers. Who owns and has the authority to control which pieces? Hard to trust the term “one-stop” these days. 

For most all deals, if there is even a minor question of who owns what or who controls what, the music placer will simply move on to the next best option immediately. It’s too risky to have any unknowns. Their livelihood is on the line.



The Deals:

Exclusive - They retain exclusivity over the song or catalog being represented/pitched. Makes life easier for the music placers. Typically has a 1-3 year term limit. 

Non-exclusive - They don’t care if you have other people/entities pitch the music they are repping.

Agencies - Typically take a solid 30-50% of upfront sync fee and don’t normally take any ownership in the IP. Just the authority to sign deals on your behalf.

Libraries - Typically take 50% or more of the sync fee and very often take some or all of the publishing share.

Hybrid - Most labels and publishers now include sync licensing in their deals. Theses are usually exclusive or with specific fee schedule carve-outs… they want all that sync monies when something lands. Also, the more successful sync agencies also act as labels with commercial release support for their more successful “sync bands.”



The monies:

There is not really a “typical” sync fee. It totally depends on a few things like:

  • Production budget

  • Importance of the “moment”: Montage feature > bg diegetic instrumental

  • Perceived value of the music: Cache and power dynamic of artist/label/pub vs. the production

  • A million other things like make-good deals and MFN situations



Generally though, for all-in sync fee one might see as very ROUGH est:

  • Low-tier tv/movie/ad: $0-$1,000 (due to backend rev opportunity)

  • Mid-tier broadcast tv show: $300 to $5,000

  • Mid-tier ad: $1k-100k

  • Mid-tier movie: $300 to $50,000

  • Top tier placements: $10k - $~



Performance Royalties:

PROs (ASCAP/BMI/SOCAN/Etc.)

  • Collects money from streamers, broadcasters, etc. for public performance

  • Pays only on the composition (writer & publisher shares)

  • Can be significant amount of money for featured songs in *broadcast placements*. A song used in broadcasted national tv show can easily generate thousands of dollars over a year.



Paths of least resistance:


If you’re new to sync, due to challenges with trust and scale, the best approach is typically to have a trusted third party represent your music. But first ask yourself:

  • Am I aiming for a high-volume “production music” approach?

    • If so, consider finding a library and crank out them tunes they’re asking for!

  • Am I aiming to find a sync home for my existing music catalog?

    • If so, consider prioritizing getting your catalog clearable. Actually *read* that pub or label deal you signed years ago. If you’re indie then find the right agency with a history of landing placements for your type of sound.

      • Some thoughts on how to approach this:

        • Listen for and shazam the ads/shows/movies moments that use music similar to what you do. 

        • Look them up on TunesFind(shows/movies) or iSpotTV(ads). Sometimes the agency or rights holders are listed!

        • Look up the artists/bands that are similar to your sound. Research who represents their music (sometimes listed as licensing or management contacts on websites)

        • Check some of the bigger agencies here’s a list I made a while back (probs outdated now fyi).

  • Am I aiming to write specifically for sync opportunities and custom music work?

    • If so, consider linking up with an agency that specializes in those deep relationships with the supes and productions. Go to networking events where supes and show producers hang.


But, either way there are some things to do first:

  • Get your split sheets and “one-stop” agreements together. Here’s a template I use.

  • Get your metadata in order (consider using www.disco.ac if pitching independently)

  • Lyric sheet

  • Get your files ready: Main, Instr, Acapella, TV (everything but lead vocals). .aif is becoming preferred format thanks lossless + metadata attached 

  • Do your research before you pitch

    • What shows/supes/agencies/libraries need the kind of music you make?

    • Why is your music a good fit? Can they trust that you own what you say you own?

  • Trust is just as important as the “right fit” musically. Be human, be yourself, connect with the people and projects that resonate most with you and the art you make.

  • Prepare for the long-haul. Even if your music is in the capable hands of a seasoned music pitcher, it can take months or years before they and their customers understand where your music fits and align on the right opportunities.



Okay that’s it! Hope that helps! Feel free to hit me up with any questions or success stories along your journey!

@Levi-downey




PS: If you’re already in the sync game and found a mistake or an oversight in this overview please hmu and or leave a comment, would love to add your perspective!



Sources:



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