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Sounds Good: The Ins and Outs of Music Licensing

Brinda Dixit
Brinda Dixit
Sep 22, 2020


Whether it be a film, a television show, or even a commercial, we can all agree that sound design can elevate a project to new heights. SFX, background scores or music tracks can transform a piece from ordinary to extraordinary; from a visual feast to a cinematic experience. It's quite powerful when sound enhances the visuals and storytelling. 


At first look, the world of music licensing seems very complex. And the ins and outs of usage of rights can be complex, for sure, but as filmmakers, we're constantly evolving with the trends, rapidly changing technology and bolder, brighter, techniques of making stunning, life-changing pieces of art. We're prepared to understand anything, right?!?!


Check the Labels

Remember that not all copyrights are created equal. Music licensing varies drastically - whether it's for a commercial, a personal podcast, or for a TV show. Unless you are collaborating on large-scale productions and working with big budgets that include teams of lawyers and executives, you have to make sure that the work you are creating uses music that is legally cleared for required usage terms and protects the artist responsible for creating that sound. 




A Few Terms You Need To Know


1. MUSIC LICENSING

First and foremost, music licensing is in effect to protect the musician who created the song. Without proper permission, using someone's musical creation in any kind of work is illegal and subject to legal action. When doing larger-scale projects and if you want to look into more recognizable, published music, you will need to look into both the master and synch licenses of any music you may be considering. For smaller scale and/or personal projects, there are a variety of music libraries to choose from which can be great resources. The most important thing to remember is to make sure to read the Terms & Conditions for each of the libraries to make sure you are covered for your intended usage. See more below on some of the terms that these libraries use in regards to their music licenses. 


2. ROYALTY FREE

The emphasis here is this: ROYALTY FREE music does not mean FREE MUSIC. Many companies call themselves Royalty Free but come with confusing and misleading stipulations. Always check before you use any piece of music, especially if you plan to use content to monetize, share on a large-scale platform, or be downloaded for free. By calling their library "Royalty Free," what a certain company is actually doing is giving the user the license to use a certain track of music, and paying out the royalties to the musician. Think of them like the middle-men of music rights. 


3. COPYRIGHT FREE

This type of music really doesn't exist. It's very hard, if not impossible, to find music that is completely free of any type of copyright. If an online music library labels an original song as copyright-free, you may want to stay clear and find an alternative. If your video earns any money or goes viral, you may find yourself with a steep bill from the musician's legal team down the road. 


4. CREATIVE COMMONS

This is where things get really tricky. In theory, this is a great way for individual artists to promote their music and let other collaborators share their awesome tunes. Technically, all you need to do is give credit to the artist to make it usable. However, it's possible that a creative commons license was only for private use, or for non-monetized content. You could find yourself in a sea of troubles if you're not careful - always read the fine print!


5. PUBLIC DOMAIN

As of this writing, this generally applies to music made before 1923. Do note that if a song was recorded after that, the music is not in the public domain. A Bach song recorded in 2020 is technically a song from 2020 and subject to copyright infringement. 



Safety First

Imagine this: you’ve spent hours in the editing room, toiled over months of pre-production, and successfully conquered the rush that is set. Your film is about to have a big release, culminating in years of hard work, dedication, and sacrifice to get to this point. Only, there’s one big problem. The key scene wasn’t approved for copyright and you’re going to have to scramble to find something new! A worst-case scenario, right?


Definitely get serious on your search for royalty-free music whether you're making branded content, a podcast for a small audience, or anything in between. You never know how far your work can travel! My number one recommendation is to know what kind of project you are doing, what the intended usage is for the project, and always double-check the legal and use stipulations for the music you are considering. If you're doing work for hire, always ask your production partner if they have a preferred music library that you can use to source your SFX and/or music. And make sure to clarify all of the intended usage rights before you get into the edit!


Tongal partners with numerous musical libraries in which filmmakers have free rein to use on projects being submitted on the platform. There’s a wealth of high-quality and unique sounds available that fit for a range of projects. As always, make sure your type of project has the green light to use whatever music you end up choosing! Check out the Music Partnerships and Releases section on Tongal's FAQ page for more: https://tongal.com/about/faq


Happy Creating!

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