Movies & advertising (synchronization)
What is synchronization?
Definition
Literally, it means the perfect fit between visual and sound elements in the production or display of an audiovisual work. It is a word derived from the ancient Greek, συν (sun) + χρόνος (khrónos), meaning “along with time”.
Occurrences
In practice, whenever a song is included in an audiovisual production, we can talk about synchronization. For example: uses in advertising, cinema, trailer, videos on the Internet, television productions (soap operas and miniseries, among others), documentary or in any other situation where music is associated with images.
Licensing
To use a song in an audiovisual production, it is always necessary to obtain the authorization of the copyright holders of the work (authors, composers or publishers), regardless of the excerpt time of the synchronized segment. In addition, where an existing recording of the work is used, it will also be necessary to obtain authorization from the owners of the master (performers or producers).
Related rights
The two types of rights follow parallel courses. For example, even when the author performs his own songs, the two authorizations are mandatory, as these rights are managed by different companies: music publishers manage publishing rights, while record companies, labels or producers manage master rights.
One-stop-shop solutions
There are situations, however, where a single company manages the two types of rights. When this occurs, we are dealing with one-stop-shop catalogues and production music libraries. In this case a single negotiation is carried out without the need to contact third parties. In the case of custom music, being it unreleased, all rights are also included in the negotiation.
Publishing shares / co-publishing
In works written by different authors, the same publisher does not always control the rights of all co-authors, since they are free to sign individual agreements with any publisher. In this case, we are dealing with works in a co-publishing system, where publishing rights are divided into percentages or publishing shares. To use the work it is necessary to obtain the authorization of 100% of the shares that comprise it.
Fees / moral rights
The authorizations always involve the payment of a fee that will be quantified from use, or that is to say, from type of audiovisual (cinema, advertising etc.), product, excerpt time, territory, term and media. Each song has its own value, depending on its importance and on the evaluation criteria of each repertoire owner (publisher, author, record company and artist). However, as moral rights are always reserved to the creators, the use can be approved or even denied by them.
MFN clause
Publishers and labels usually use the MFN (Most Favoured Nations) clause, which means, they prepare aligned quotes. In other words, if the fee by one of the party is lower than the other, the higher fee will be charged by both. The same criteria is also used when the work is controlled by more than one publisher. In this case, the share of each publisher will be proportionally adjusted to the highest fee.
Versions, translations and adaptations
Authorizations are issued for the use of works and/or masters as they were originally created. If the client wishes to translate and/or change the lyrics (a new version) or adapt the musical composition or the master, it is necessary to clearly state it in the authorization request.
Performance rights / cue sheet
Just as it happens when is responsibility of the producer to obtain the synchronization license, the audiovisual exhibitors (cinemas, TVs, cable TV, Internet sites for video streaming etc.) must pay the performance rights to the proper collecting society (Ecad, in Brazil). In order to make this process possible, after the conclusion of the audiovisual production, the producer must generate a cue sheet, which is a list of the synchronized music featuring the respective types of use and excerpt times, sending it to the publishers who authorized the works in the audiovisual.
Copyright duration
In Brazil, the work is protected until 70 years after the death of the last co-author. The works of the same author can therefore go into public domain on different years, depending on the death of the co-author. For the master, the protection period of 70 years is counted from the year following its fixation, which is indicated by the symbol ℗. After the end of these terms, the work and the master fall into public domain and can be used without authorization.
Through our specialized department, with offices in São Paulo and Rio de Janeiro, we can quickly process your requests to include music in your audiovisual product.
This use, called synchronization, must be authorized by the right holders involved. Depending on the circumstances or the type of the music requested, there is a specific type of licensing. Below is a list of licensing options:
Work
Work |
DefinitionAny musical composition, whether or not containing lyrics or literary text. Right ownersPublishers (authors and composers). Related rights: publishing rights. CleareanceFrom the publisher who controls the work. NoteAs a work can be performed or recorded countless times and in different ways, if an existing master is used, the license of the record producer will still be required. Where a work is controlled by more than one publisher (co-publishing), it is necessary to obtain authorization from all of them. |
Master
Master |
DefinitionThe physical or digital fixing or recording of the performance of a work. Right ownersRecord producers or labels (performers and accompanying musicians). Related rights: master rights. CleareanceFrom the record producer or label that controls the master. NoteRemember that permission from the publisher that controls the work recorded in the master will always be necessary, that is, the license of the record producer or label does not exempt the authorization of the publisher. |
One-stop-shop
catalogue
One-stop-shop
|
DefinitionCollections of commercially released songs (works and masters), for which clearance can be obtained from a single company. Right ownersMusical producer (publisher, record company, authors, composers, performers and accompanying musicians). Related rights: publishing and master rights. CleareanceOnly from the music producer who controls the music (work and master). NoteLicensing is greatly facilitated since there are no third parties involved in the negotiation. Visit our dedicated page. |
Cover catalogue
Cover catalogue |
DefinitionA collection of covers (re-recordings of successful works) developed specifically for use in audiovisuals. The tracks are produced in the same style of the original master, both in the musical aspect (arrangement and rhythm) and in the vocal performance. Right ownersMusical producer. Related rights: master rights. CleareanceFrom the musical producer who controls the master. NoteIt is important to emphasize that permission from the publisher who controls the work recorded in the cover will always be necessary, that is, the license of the musical producer does not exempt the authorization of the publisher. Licensing is very fast as the covers are already pre-cleared for use in audiovisuals. Visit our dedicated page. |
Production music
Production music |
DefinitionA special music catalogue (works and masters) that is not commercially available, for which licensing can be obtained from a single company. Also known as stock music or library music, the production music is designed exclusively for use in audiovisual. Libraries are organized by genre, atmosphere, mood, instruments, rhythm, speed (BPM), among other classifications (tags). Right ownersMusical producer Related rights: publishing and master rights. CleareanceOnly from the musical producer who controls the music (work and master). NoteLicensing is very fast because, in addition to third party dismissal, songs are already pre-cleared by the owners for use in audiovisuals. Visit our dedicated page. |
Music on demand
Music on demand |
Definition
Musical production (work and master) created following the customer needs, where licensing can be obtained from a single company.
Right ownersMusical producer Related rights: publishing and master rights.
CleareanceOnly from the musical producer who created the music (work and master). Note Starting from the features of audiovisual productions, a team of musical producers in Brazil and abroad can create a range of musical styles to meet the most varied demands. Depending on the request, a demo can be delivered in 24/48 hours. Visit our dedicated page. |