A sync licence is a contract, and like any contract its value is in the detail. Whether you are a filmmaker licensing a song or an artist granting one, the same handful of clauses decide what can be done with the music, for how long, where and for how much. This checklist follows the key terms the Arts Law Centre of Australia sets out in its sync licence fact sheet.
Who and what should the agreement identify?
The agreement should correctly name the producer and every rights holder granting the licence, then identify the music by song title and composers. Where a song or recording is co-owned, it should state the percentage being licensed. If that is less than 100%, the producer needs a licence from the other owners too.
Arts Law notes that in Australia, unless they have agreed otherwise, one copyright owner cannot grant a licence on behalf of another, so each co-owner must consent. It also warns rights holders to be wary of "together and separately" wording, which can make each person liable for the others' promises.
How should the agreement describe the use?
It should identify the production by title, type and a short description, and say how much of the music can be used, expressed as a duration, and which part. Some rights holders also ask for a description of the scene, so it is clear exactly how and where the song will appear in the finished work.
Arts Law notes that a short duration might attract a lower fee than a longer one, which is a matter for negotiation. For online creators, the same idea shows up as a use type: one YouTube video, one podcast, one ad campaign.
What do territory, term and media mean?
Territory is where the production can be shown, term is how long the licence lasts, and media is the formats it covers, such as television, internet or all media. Arts Law says films released commercially generally need worldwide rights in perpetuity, because music cannot easily be removed once a film is out.
Ad campaigns are different. Arts Law notes they may be licensed for the planned campaign only, in certain markets, sometimes for radio and television but not internet, with an extra fee for each extra territory. The film side is covered in how to license a song for a film or documentary.
Should the licence say whether it is exclusive?
Yes. Whether a licence is exclusive or non-exclusive is a key term, and the agreement should say so plainly. Arts Law says film, TV and streaming series licences are generally non-exclusive, while ad campaign licences are often exclusive for the campaign term and territory. Any options to extend should be priced in the agreement.
Options let a producer extend the term, media or territory later for an extra fee, and Arts Law notes rights holders sometimes negotiate option fees higher than the original. The full comparison is in exclusive vs non-exclusive sync licence.
What should the fee and payment terms cover?
The agreement should state the fee for the agreed term, territory and media, any extra fees for options, and exactly when and how the rights holder is paid. Arts Law describes sync fees as generally lump sums. A rights holder in a song will also want the producer to lodge cue sheets with APRA.
Cue sheets matter because they let performance royalties reach the writer when the production is broadcast or streamed. How that money works is explained in how artists get paid for sync.
What about warranties and termination?
Producers usually ask the rights holder to warrant they can grant the rights and that the music infringes nobody else, backed by an indemnity. Arts Law calls that promise potentially onerous. The agreement should also say how it can be ended, and whether ending it stops the producer using the music already in the production.
Arts Law notes that most film and TV sync agreements say termination does not remove the producer's right to keep using the music in the production, leaving the rights holder with a claim for damages. Artists should read that clause carefully, and anyone unsure should get advice before signing.
How does a cadential. licence cover these terms?
A cadential. licence is a written document that names the licensee, the track, the use type and the project, with a licence number anyone can check. By default it is non-exclusive, perpetual and worldwide for one project in the use type bought, and the published licence terms set out what each use type grants.
Read them on the licence terms page, and see how buying works on how it works. Artists set their own prices and keep 80% of every licence fee.
Related reading:
Questions, answered
Does a sync licence have to be in writing?
A written licence is the only practical way to prove what was agreed. The Arts Law Centre of Australia notes producers sometimes need to show broadcasters, streaming platforms, financiers and insurers that they hold the necessary rights, and the licence document is that proof. An email saying yes rarely records the term, territory or fee clearly enough.
Do I need one agreement or two for a song?
Often two. A song and its recording are separate copyrights. If different people control them, such as a publisher and a label, each must grant its own licence. If one person owns both, as many independent artists do, both can be licensed at once, and Arts Law notes that can be done in the same document if properly drafted.
What is a most favoured nations clause in sync?
It is a promise that one rights holder will be paid at least as much as another. Arts Law explains that the owner of the song often stipulates it gets no less than the owner of the recording, and the recording owner usually asks for the same in return, so the two fees end up matched.
What is in a cadential. licence?
Every cadential. licence is a written document naming the licensee, the track, the use type and the project, with a licence number anyone can check online. The standard terms behind it are published on the licence terms page, and if a licence PDF states different terms, the PDF is the record that applies.
Sources
- Music Synchronisation Licence Fact Sheet, Arts Law Centre of Australia
- What is Sync, APRA AMCOS
This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.