What are synchronization permissions?
Synchronization permissions allow content creators to reproduce copyrighted musical works in audio-visual recordings, such as a video of a graduation, birthday, wedding, or funeral, or within memorial or other commemorative videos.
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Sync licensing is required for the creation of DVDs and digital downloads, rebroadcasts, and on-demand streaming. Sync licensing is not required for live streams or broadcasts occurring in real time. However, public performance licensing is needed for both live streams and on-demand streaming. Many streaming platforms have already obtained public performance licensing. Organizations that directly upload videos to their own website, rather than embedding videos first posted to YouTube or Facebook, should confirm whether additional public performance licensing is required for their website.
Do streaming websites allow content creators to include copyrighted music in videos?
No. It's a common misconception that streaming platforms allow content creators to use copyrighted music in their videos. Streaming platforms, like Google (YouTube), Meta (Facebook and Instagram), and TikTok do not grant content creators the right to stream videos containing copyrighted musical works, exposing individuals and organizations to copyright infringement claims absent synchronization permission:
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Facebook, Music Guidelines: "[Y]ou remain solely responsible for the content that you post, including any music that is featured in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products."
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Google Support, YouTube Help: "If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first. YouTube can't grant you these rights and we can't help you find the parties who can grant them to you."
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TikTok, Terms of Service: "If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the services."​
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Why is this a common misconception? Many streaming platforms have entered into agreements with rights holders that protect the streaming platforms from litigation in exchange for monetary payments. For example, YouTube uses Content ID to identify copyrighted music in a video and permit rights holders to monetize (by adding advertisements) or takedown that video.
However, content creators may still be pursued for copyright infringement for creating and uploading videos that contain copyrighted musical works.
Are public performance and sync licenses the same?
No. Public performance licensing permits the public performance of copyrighted musical works. A public performance can take different forms, including live and in-person ensemble performances, playing music via a PA system, and streaming music to the public live and on-demand. In each of these cases, public performance licensing is required.
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Organizations that issue public performance licenses are called "performing rights organizations" or "PROs." In the United States, PROs include ASCAP, BMI, SESAC, and GMR, as well as public performance licensing resellers like CCLI and NFDA. Although rare, some songwriters and music publishers choose not to join a PRO and issue public performance licensing directly to the public.
Public performance licensing (whether obtained from PROs or directly from songwriters and music publishers) is not the same as sync licensing. Sync licensing permits the reproduction of a copyrighted musical work within an audio-visual recording. Sync licensing is required for DVDs, MP4 digital downloads, film and television shows, and on-demand streaming. Although sync licensing is not required for in real time live streaming, public performance licensing is required for both in real time live streaming and on-demand streaming.
​​Public performance licenses from ASCAP, BMI, SESAC, GMR, CCLI, and NFDA might already include public performance licensing for on-demand streaming of audio-visual recordings featuring copyrighted music. Be sure to check your public performance licensing terms to see if you will require public performance licensing in addition to sync licensing for on-demand streaming of life event videos.
Do I need sync licensing for "archival" videos?
Yes. Under the US Copyright Act, copyright owners have the exclusive right to reproduce and recast their copyrighted musical works in videos.
The US Copyright Act creates an exemption known as the "archival exemption." This exemption permits the reproduction and distribution of certain copyrighted works by libraries and archives without the copyright owner's permission for the purposes of preservation, replacement, and research.
The exemption only applies to libraries, archives, and their employees acting within the scope of employment. It does not permit, for example, a library user to photocopy materials without permission. Likewise, it is limited to the reproduction and distribution of literary and dramatic works, and does not generally apply to musical works, pictorial, graphic, or sculptural works, or to motion pictures or other audio-visual works.
There are several additional requirements, including that copying must be done without a commercial advantage, the library or archive must open its collections to the public, and no more than one copy can be made.
In sum, the archival exemption does not apply to the video recording and on-demand streaming of life event videos for "archival" purposes.
Do synchronization permissions cover the use of sound recordings?
No. Permission to use a copyrighted sound recording (e.g., Coldplay's own recording of "Yellow") within a video requires both synchronization permissions and a master use licenses. Master use licenses must be obtained from the relevant record label.
For an additional fee, liSynce users can obtain access to 80,000 cover recordings licensed for use in life event videos. liSynce does not, however, include master use licensing for original master recordings. Tresóna encourages the use of cover sound recordings, which are generally easier to license for video and remix purposes.