You want to advertise your product online or make a computer game and make them cooler by pairing the visuals with a popular song? Read this IP Insights post to get more information, including:

·        is a license from a copyright collective[1] and

·        use of music available on platforms such as Instagram or TikTok for commercial purposes

enough to ensure that your usage of music is legal?

 

WHAT IS SYNCHRONIZATION?

Synchronization refers to the coordination of two or more elements to operate at the same time. In the media world this means pairing an image, often a motion picture, with music or other sound effects. From a legal point of view two different works – music and audiovisual work – are combined into one coherent multimedia work. 

 

EXAMPLES OF SYNCHRONIZATION

Can you imagine an ad of the latest tech gadget without a popular piece of classical music in the background? How about the dance scene between Mia and Vincent in Pulp Fiction without Chuck Berry’s song? Music has long been an integral part of audiovisuals and marketing is full of examples of synchronization. 

 

The widespread use of synchronization is evident primarily in the following types of works:

— advertisements and other promotional materials,

— computer games,

— movies, TV shows, promotional videos and trailers,

— animations. 


EXAMPLES OF SYNCHRONIZATION:

https://www.youtube.com/watch?v=C05-EnQrNkg

https://www.youtube.com/watch?v=swloMVFALXw

  

NOTE! 

In the case of synchronization the assumption is that the song in question has already existed in the market on a standalone basis before the audiovisual work was developed in the sense that the music was not written specifically for the work under development, e.g. a movie, as a dedicated soundtrack.

 

For example, Chuck Berry's hit song “You Never Can Tell” was thirty years old when it was used in the iconic dance scene in Pulp Fiction! 

 

A synchronization agreement should clearly specify the types of works concerned, even if they relate to a single large project (e.g. a movie, movie trailer, videos promoting the movie). In contrast, the right to pair music with an audiovisual work is usually subject to a non-exclusive license which allows the author to use the work in other ways at the same time.

 

For a licensee[2] probably the biggest challenge in the process of obtaining the right to sync a particular song is the fact that in the music industry there is usually a large number of copyright holders for a single work. As a result, licensees must enter into several agreements in order to secure copyright from all rights holders.

 

The agreement should cover both author’s economic rights as well as moral rights of rights holders[3].

 

These include, e.g. licenses for the use of: 

— economic rights to the verbal and musical layers of the work,

— related rights to phonograms and artistic performances.

 

In addition, anyone who wants to combine music with images must obtain a separate synchronization license, i.e. the consent of the rights holders for the use of their music in a movie, game or ad.

 

The parties to an agreement may agree that the licensor will be paid separately for the synchronization license.

 

The consent of copyright holders is associated with authors’ moral rights. The holders of such rights may dislike the idea of their music being used as a backdrop in, e.g. a political spot, war game or any other audiovisual work that represents values with which they disagree. In such instances the use of a song without their consent violates the right to fair use and integrity of the work.

 

 

NOTE! 

Given the above, commercial use of any music available on platforms such as TikTok or Instagram in your ads without the consent of rights holders may be considered copyright infringement, in which case your content will be deleted.

 

In addition, the synchronization license has been excluded from collective management by the Polish copyright collective ZaiKS Society of Authors. Consequently, anyone interested in combining an audiovisual work with music must go beyond signing a license agreement with ZAiKS – they must approach the copyright holders directly.


[1] in Poland these include, e.g. ZaiKS Society of Authors and STOART Association of Performing Artists.

[2] an advertising agency, movie producer or game developer

[3] the creator, creators, their heirs or other persons authorised by them