Protecting your Website Legally From the Music Industry

In the connected world, where businesses pop up likepricing Drop Licenses is - the larger the audience, the
dandelions and anyone with a computer can uploadhigher the price. (Rate cards can be requested with
video, audio and text-based content to be sharedDrop Licenses.)
across the web, it is of growing importance toA Blanket license is a license that affords a user either
understand the potential legal ramifications associateda set number of music selections or unlimited use of
with these technical advancements.music selections in any given production. The distinction
Most internet businesses make use of some sort ofbetween a blanket and drop license is a drop is issued
rich media on their websites such as video or music.for one song, a blanket for many. Obtaining a blanket
What most don’t realize is that even the smallestlicense involves dozens of variables, so it usually
S-Corp can find itself in hot water if it doesn’trequires some negotiation. Venues such as radio
understand the basics.stations or night clubs will often require blanket licenses.
The intent of this article is to focus on the use ofIs A Sync License the Same as a Performance
production music (music on your website) and theLicense (Permission from the Musician)?
ways you can protect your business or yourself fromUnfortunately, no it isn’t. Obtaining a Sync License
copyright infringement.doesn’t absolve you from getting legal permission
What is production music?from the artist. And, seeing as musicians aren’t
Production music is music intended for use inknown for their knowledge of the legal system, you
connection with films, corporate videos, Televisionmight imagine that obtaining such a license would be
shows, commercials, Internet video, multimedia and anyrather difficult. In actuality, the opposite is the case.
other form of media that requires music.The reason for the relative ease of obtaining a
If you’ve ever listened to an advertisement on thePerformance License is most musicians are
radio, watched an infomercial, or heard menu music onrepresented by one of two agencies or
a video game, then you have probably heard“performance right societies” that handle the
production music.legal jargon. These societies manage the right of
Production music libraries cover a multitude of genres,performers and see to it that artists get paid when
providing music for most tastes at varying levels ofyou play their songs in a “public” venue.
quality. Traditionally, production music comes in shorterPerformance rights societies such as ASCAP, BMI
lengths. These lengths are normally 30 seconds, 60and SESAC collect monies for composers and
seconds and 90 seconds.publishers. These societies handle Performance
Production music also comes in different variationsLicenses and should be consulted before you publish
known as full and reduced versions. Reduced versionsany finalized work.
are identical to full versions with the exception of oneWho needs a performance license?
or possibly two of the main instruments having beenAnyone who uses copyrighted music in a public place
removed.including radio and television stations and/or their
Who uses production music?networks; all new media, like the Internet and mobile
Production music is most widely used by industrytechnologies such as ringbacks and ringtones; satellite
experts like; video editors, producers, musicservices like XM and Sirius; discos, nightclubs, bars,
supervisors, videographers, and creative directors.restaurants, hotels, and other venues. This includes
Although increasingly, it is being used by relativedigital jukeboxes and live concerts. All should obtain a
amateurs for websites, podcasts, streaming video andperformance license.
more.What happens if I don’t have a performance
How do I Get a License?license?
Something called a Synchronization License or SyncProduction music users are in danger of copyright
License must be obtained for the music in questioninfringement without a license from a performing rights
before it can be utilized in any audiovisual production,organization. If you’re an individual with a small
such as a motion picture, television program, televisionaudience and no real money (ie you’re not a
commercial, video production, or website.business), then you are at lower risk of having suit
Sync Licenses come in different shapes and sizes.brought against you for copyright infringement.
Two of the most popular are a Drop License andHowever, if you’re an individual with a large
Blanket License. They are most commonly madeaudience or you’re a business or organization and
available by production music publishers such as Slynthyou fail to obtain the proper licensing, be prepared to
(hire a lawyer.
How do I get a Sync License?The basic rule of thumb with rich media on your
Production music publishers will usually license music onwebsite is this: If you’re going to use audio without
what is called a needle drop (a.k.a Drop License) or aa license, make sure no one sees it. This may be a
Blanket License.difficult rule for most webmasters to cope with, as the
A needle drop or Drop License is a license thatpurpose of internet businesses is to be seen.
requires payment for individual songs. The prices forRemember the best choice, if you have a large
each song vary depending on the type of production inenough audience, is to be safe and purchase the
which the song is being used. The rule of thumb whenrequired licenses.