Legal Question in Intellectual Property in California

Synchronization license

What kind of license do I need to use copy righted music to record my own aerobics routines (only 1 copy on dvd) and post it on line so that my customers can have access to them by paying a monthly fee. I will keep it in my web site, my customers won't be able to download it and share it. They will be able to watch it only. Choreographies are set to be changed every week or sooner.


Asked on 11/16/07, 2:54 am

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Synchronization license

You're going to need TWO (2) licenses for each piece of music you use. I recently posted a bit on my website about this very topic. http://www.firemark.com

Essentially, you're using two different, but related copyright protected works. First, is the Musical Composition, for which you need a Synchronization License. This license is obtained from the Music Publisher of the song. (Music Publishers are essentially the representatives of the composer/songwriter).

Secondly, there's the recorded embodiment of the song. This is called a Master Recording, for which you'll need a Master-Use license. This will be obtained by contacting the record company.

To find out which publisher and record company are involved, check the liner-notes of the CD, or visit ASCAP or BMI's online search pages, which will reveal the companies you need to contact.

This is a time-consuming process, and the rights-holders are free to set the price for the license as they see fit. They can even decline the rights altogether.

If you're using lots of music, you'll want to have someone do this legwork for you. If you're on a tight budget, consider using either (a) material created specifically for you by a composer-for-hire, or (b) music from a royalty-free production music library.

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Answered on 11/19/07, 5:43 pm


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