Ensuring Rights Are Cleared

Yo, let’s talk about something that trips up a lot of us indie musicians trying to get our music into TV shows, movies, and commercials: rights. Specifically, making sure those rights are all clear and tidy before you even think about sending your masterpiece out into the sync world.

TL;DR: Your Sync Music Rights Cheat Sheet

• Two Sides to Every Song: You’ve got the masters (the actual recording) and the publishing (the song itself). Both need to be good to go.
• Own It or Have a Deal: You need to either fully own everything involved, or have solid agreements with anyone else who has a stake.
• Get It in Writing: Verbal agreements are great for coffee chats, but for sync licensing, you need actual contracts and clearances.
• Don’t Assume: Just because you wrote a song doesn’t mean you automatically own all the rights. Collaborators and samples complicate things.
• Ask Us If You’re Unsure: Seriously, we’re here to help you navigate this stuff without pulling your hair out.

So, you’ve just finished that killer track. It’s got the perfect vibe, the hook is undeniable, and you can already picture it playing during that dramatic scene in your favorite Netflix show. Awesome! But before you even think about pitching it, there’s this one crucial thing nobody tells you in music school: you gotta make sure the rights are all cleared. Yeah, I know, sounds like a buzzkill when you’re high on creativity.

Think of it like this: you wouldn’t try to sell a house without having the deed in order, right? Sync licensing is kinda the same. If the rights aren’t clear, the whole deal can fall apart faster than a poorly mixed demo. And that means no money in your pocket, even if the director LOVES your song. Let’s break down why this is so important and how to make sure you’re not accidentally messing it up.

When we talk about music rights, it basically boils down to two main things: the master recording and the music publishing. You need to have a solid handle on both of these for a sync license to work.

The Master Recording: Your Actual Sound

So, the master recording is, well, the recording itself. It’s the actual sound you hear when you hit play on Spotify or Apple Music. If you’re a solo artist and you recorded everything yourself in your bedroom studio, chances are you own 100% of the master. Easy peasy.

But what if you brought in another musician to play that killer guitar solo? Or a session drummer? Or a vocalist who sang backup on your track? If you didn’t have a clear agreement with them upfront about who owns what percentage of the master recording, you might have co-owners. And co-owners gotta agree to sync license the track.

The Music Publishing: The Song Itself

Then you’ve got the music publishing. This refers to the underlying composition: the melody, the lyrics, the chords. It’s the song before it’s ever recorded. If you wrote the music and lyrics entirely by yourself, you likely own 100% of the publishing.

However, if you collaborated with someone on the songwriting, they automatically have a stake in the publishing. If you sampled a bit of another song (which, let’s be honest, is a whole other can of worms we’ll touch on later), you definitely don’t own 100% of that publishing. Someone else does.

In the realm of sync licensing, ensuring that rights are cleared is crucial for a smooth synchronization process. For those looking to navigate the complexities of selecting the appropriate tracks for sync licensing, a helpful resource can be found in the article titled “How to Choose the Right Tracks for Sync Licensing.” This article provides valuable insights into the considerations and steps necessary to ensure that all rights are properly managed, ultimately facilitating a successful sync licensing experience. You can read the article here: How to Choose the Right Tracks for Sync Licensing.

Who Owns What & Why It Matters for Sync

This is where things can get a little thorny if you’re not careful. A sync license actually requires permission from both the owner of the master recording and the owner of the publishing rights. It’s like a two-factor authentication for getting paid.

The Master Owner’s Say

The owner of the master recording has the final say on whether their recording can be used in a film, TV show, or commercial. Typically, this is the artist or the record label (if you have one). For independent artists, it’s usually you, but again, remember those collaborators.

The Publisher’s Power

The owner of the publishing rights (often a music publisher, or you if you self-publish) controls the underlying song. They decide if the composition can be sync licensed for sync. If you’re a songwriter who’s registered with a PRO (like ASCAP, BMI, or SESAC), you’re essentially acting as your own publisher for a portion of your earnings, but the composition rights still need to be cleared by the songwriter(s).

Clearing Samples: The Sync Licensing Minefield

Alright, let’s talk about sampling. This is a big one, and it’s where a lot of independent artists shoot themselves in the foot. You can’t just grab a cool drum loop from an old funk record or a vocal snippet from a pop song and slap it into your track without permission.

The Two Permissions You Need for Samples

If you use a sample, you need permission from two different parties:

1. The owner of the master recording of the original song you sampled.
2. The owner of the publishing rights of the original song you sampled.

This is often called “clearing the sample.” And, let me tell you, it can be a complex and expensive process. You literally have to track down the original artist and the publisher, negotiate a fee (which can be a flat rate or a percentage of the sync fee for your new song), and get everything in writing.

The “De Minimis” Exception (Use With Extreme Caution!)

There’s a concept called “de minimis,” which basically means “of minimal importance.” In some rare cases, if a sample is incredibly short and not the main recognizable part of the song, it might be considered de minimis and not require clearance. However, this is a very blurry line, and relying on it is a huge risk. You’re basically playing Russian roulette with your sync deal.

Our Advice: Avoid Samples If You Want Easy Syncs

Honestly, for most independent artists looking to break into sync libraries, my best advice is to avoid sampling altogether. It adds layers of complexity that can make your track unlicensable. Focus on creating your own original material. You’ll save yourself a massive headache and open up way more opportunities.

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You can learn more about preparing band music for sync licensing by reading this article.

Collaborations & Co-Writes: Who Gets a Slice?

We’ve touched on this, but it’s worth really hammering home. If you didn’t create your music 100% solo, then you must have clear agreements with your collaborators. This applies to both the master recording and the songwriting.

The Unspoken Rule: Get It in Writing!

A handshake and a “we’re cool” aren’t going to cut it when a sync license worth a few thousand bucks is on the table. You need a written collaboration agreement. This document should clearly outline:

• Who wrote what parts of the song.
• What percentage of the publishing each person owns.
• Who owns what percentage of the master recording.
• How any sync licensing income will be split.
• Who has the authority to sign off on sync licensing agreements.

Splitsheets Are Your Best Friend

A splitsheet is a document that details the ownership percentages of a song. It’s crucial for songwriters and publishers. Make sure you and your co-writers fill one out before you submit your music for sync. If you’re using a PRO, they’ll often require this information.

In the process of ensuring rights are cleared for various creative projects, it is essential to understand the implications of using music without proper sync licensing. A related article discusses the importance of selecting the right tracks for YouTube creators, highlighting how to navigate copyright issues effectively. For more insights on this topic, you can read the article on music for YouTube creators here. This resource provides valuable guidance on how to avoid potential legal pitfalls while enhancing your content with the right audio selections.

What Happens If Rights Aren’t Cleared?

So, you got an email. A sync music supervisor loves your track and wants to use it in a new ad campaign! Your heart starts pounding. You’re picturing your bank account. But then they ask, “Can you confirm all rights are cleared?” And you freeze.

The Deal Dies Instantly

If you can’t confirm that all master and publishing rights are cleared, that sync deal is probably dead. The music supervisor, the ad agency, the production company – they all have deadlines and legal teams. They can’t afford to wait around while you track down a forgotten bandmate from ten years ago.

Legal Trouble is No Fun

Beyond losing the immediate income, if you license music without proper clearance, you can face legal action from the actual rights holders. This can lead to lawsuits, fines, and a seriously damaged reputation in the industry. Trust me, it’s not a good look.

Sync Libraries Want Clean Tracks

Sync libraries, like the ones we distribute to at That Pitch, are specifically looking for music that is ready to go. They don’t have the time or the resources to chase down clearance issues. Tracks with uncleared rights are automatically rejected.

How We Help You Stay On The Right Side of Clearance

Honestly, navigating all of this can feel like trying to solve a Rubik’s Cube under pressure. That’s precisely why we built That Pitch. Our whole goal is to make sync licensing accessible and less confusing for independent artists.

Our Process Encourages Clearance

When you upload your music through That Pitch, we guide you through providing the necessary information about your track’s ownership. We prompt you to confirm that you have the rights to sync license both the master and the publishing.

We Don’t Take a Cut of Your Earnings

Unlike some platforms that take a hefty percentage of your sync fees, we believe you should keep every penny you earn. Our job is to get your music into the sync libraries; your payment comes directly to you. This means you have more control and less financial friction.

Focus on Your Music, We’ll Handle the Distribution

Our platform is designed to streamline the distribution process into over 100 of the world’s top sync libraries. We want you to focus on making incredible music, and we’ll handle the backend heavy lifting of getting it in front of the right people.

Mini Case Study: The Sampled Beat Fiasco

Let’s imagine a scenario. Sarah, a talented producer, makes a bangin’ hip-hop beat. She samples a short, distinctive vocal snippet from an obscure 70s soul track and a funky drum break from a breakbeat record. She figures, “It’s just a tiny bit, who’s gonna notice?” She signs up with a sync platform, and her track gets placed in a popular web series.

The money is okay, but then, a few months later, she gets a nasty email. The rights holders of the original vocal track are suing her for copyright infringement because she never cleared the sample. The web series producer, who had to pay out a settlement, isn’t thrilled and is unlikely to license her music again. Sarah not only loses potential future income but also has a legal mess and a damaged reputation. All because of a few seconds of borrowed sound.

If Sarah had avoided sampling, or if she’d diligently cleared both the vocal and the drum break (which would have likely cost her more than she made from that initial placement and involved a lot of legwork), this wouldn’t have happened. This is the kind of avoidable disaster we help you steer clear of.

So, to sum it up: be scrupulously honest about your music’s origins. Own your masters and your publishing, or have ironclad agreements with everyone who co-owns them. And for the love of all that is holy, if you’re sampling, get it cleared properly.

Ready to get your original, rights-cleared music into the hands of sync music supervisors worldwide?

Create a free That Pitch account to distribute your music into real sync libraries and keep 100% of your earnings.

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FAQs

What does it mean to ensure rights are cleared?

Ensuring rights are cleared means obtaining the necessary permissions and sync licenses for the use of copyrighted material, trademarks, or other intellectual property to avoid legal issues.

Why is it important to ensure rights are cleared?

It is important to ensure rights are cleared to avoid potential legal disputes, infringement claims, and financial penalties. Clearing rights also helps to protect the integrity of the original work and respect the rights of the creators.

What are some common types of rights that need to be cleared?

Common types of rights that need to be cleared include copyright, trademark, publicity rights, and privacy rights. These rights may apply to various forms of media, such as images, music, video, and written content.

How can rights be cleared?

Rights can be cleared by obtaining permission from the rights holder through a sync licensing agreement, release form, or other legal documentation. It may also involve negotiating terms and paying fees for the use of the rights.

What are the consequences of not clearing rights?

The consequences of not clearing rights can include legal action, cease and desist orders, financial penalties, and damage to reputation. In some cases, unauthorized use of rights can result in the removal or recall of the infringing material.