JJ Jordan

Position Paper

MUS 262

21 November 2023

Music Recording and Distribution Guide

As a musician, dealing with copyright law is something that we all have to face in our

day-to-day lives. Whether it be recording music, making a YouTube video, or performing a

concert, interacting with copyright law is an important part of all of these projects. Copyright law

may seem confusing, but the goal of this guide is to break down what you’ll need to do to make

the process a lot easier.

What types of musical licenses should I be aware of?

There are six different types of music licenses that you may encounter as a musician: a

synchronization license, a public performance license, a mechanical license, a master recording

license, a print license, and a blanket license.

A synchronization license is needed to use a piece of music paired with some sort of

visual media. For example, this would include movie and TV soundtracks, video game

soundtracks, background music for advertisements, and more.

A public performance license is needed for live performances or when playing

copyrighted music in a public place. This applies to live concerts, radio broadcasts, or playing

music in the background of a public area.

 A mechanical license is needed for whenever a tangible copy is made of a piece of music.

This would include making CDs, making vinyl records, streaming music, recording a cover, or

any other way to distribute music in a tangible form.

A master recording license grants the right to use the master recording of a specific

version of a song. For example, if you wanted to use a particular version of a song in a YouTube

video, you would need a master recording license from the copyright holder of that version. This

license is usually paired with a synchronization license or a mechanical license for use in other

projects.

A print license is needed for reproducing and distributing sheet music or printed lyrics of

copyrighted songs. For example, a music teacher would need to get a print license to distribute

sheet music to their students.

A blanket license allows one to use a large music catalog from multiple copyright users

for a specific purpose. For example, an owner of a nightclub may obtain a blanket license from a

performing rights organization to play a variety of music and not have to obtain licenses for

every individual song.

While it’s important to know about all of these different licenses, synchronization, public

performance, and mechanical licenses, are the most common licenses you may come across as a

musician.

What do I need for my particular project?

Now that we’ve identified the different types of copyright that you will have to deal with

as a musician, let’s dive deeper into what licenses you’ll need to obtain for each project, and how

you might have to go about doing that.

Public Performances

If you are going to be managing a public performance, you are going to need a public

performance license. You can negotiate these terms with Performing Rights Organizations

(PROs), such as ASCAP, SESAC, and BMI. This is to ensure that the songwriters and/or

publishers get paid for their work in the end. If this performance requires sheet music, you’ll also

need to get a print license.

Recordings

If you are planning on making a cover recording of a song to later reproduce and make

copies of, you will need a mechanical license. These typically have a 5-minute flat rate and are

then per minute after 5 minutes. If you are recording a piece of classical music, however, there’s

a high chance that the piece you will be performing has already entered the public domain. All

works created before 1924 are in the public domain. Any works published from 1924-1977 are

protected for 95 years after its creation.

YouTube Videos

YouTube can be sort of difficult to navigate when it comes to its policies on copyright.

Using any copyrighted music without the correct permissions from the copyright holders can

result in a copyright claim or strike that could result in suspension or even a banning of your

channel. If you want to use copyrighted music in your video, you will need to get a

synchronization license. You can obtain this license either by searching for the licensing contact
information on a label’s website or looking through the databases of performing rights societies,

such as ASCAP, BMI, and SESAC.

Conclusion

As artists and musicians, it’s important to give credit– and payment– to those who have

created the art and music that we interact with. Copyright is not meant to deter people from using

music in transformative and new ways– it is simply there to help support our fellow artists. It

allows the creative community to be alive and well while still making sure that those who need

credit get the credit. This quick guide is just the start of what you can learn about copyright law

as a musician.
 Bibliography

Berklee Online. “Copyright for Musicians: Copyright Basics | Part 1/6 | Q&A | Music Business |

E. Michael Harrington.” October 10, 2017. 5:20.

https://youtu.be/tQbJLvli9AY?si=hWMe5fjUhmNHJxBM.

Bruwelheide, Janis H., and Mary Hutchings. Reed. The Copyright Primer for Librarians and

Educators. 2nd ed. Chicago: American Library Association, 1995.

Shih, Cas. “How to License Music for YouTube + Why It's Essential.” Track Club. December

16, 2022. https://www.trackclub.com/resources/how-to-license-music-for-youtube/.

Shih, Cas. “The 6 Different Types of Music Licenses Explained.” Track Club. May 31, 2023.

https://www.trackclub.com/resources/types-of-music-licenses/.