The licensing of musical works is unique in one fundamental way: there are two copyrights in every recorded song. Understanding this split — and what it means for anyone trying to use music legally — is the foundation of everything that follows in music licensing.
Two Copyrights in Every Recording
When you hear a song — any commercially released song — you're experiencing two distinct creative works simultaneously:
The Musical Composition
The underlying composition — the notes, the melody, the chord progression, the lyrics — is protected by its own copyright. This copyright typically belongs to the songwriter(s) and is administered by a music publisher. When you want to synchronize this composition with visual media, you need a synchronization license (sync license) from the publisher controlling those rights.
The Sound Recording
The specific recorded performance of that composition — with those musicians, that producer, those instruments — is a second, separate copyright. This copyright belongs to whoever funded the recording, typically a record label. Using this specific recording requires a master use license from the label or artist controlling the master rights.
Two copyrights, two rights holders, two separate negotiations, two separate fees. Even if the artist who recorded the song also wrote it, both copyrights exist and both must be licensed.
A Real-World Example of Complexity
Consider using a cover version of a well-known song. You need: a master use license from the label that owns the recording, a sync license from the original songwriter's publisher, and potentially additional sync licenses from co-writers' publishers. That's three separate agreements for a single song. More complex scenarios involve songs with seven or more co-writers, each with different publishing representatives, or compositions that sample earlier recordings (requiring master clearance for the sampled material).
Who Controls What
Music Publishers control synchronization and mechanical rights for compositions. The major music publishers include Universal Music Publishing Group, Sony Music Publishing, Warner Chappell Music, and BMG.
Record Labels control master rights for recordings. The three major labels — Universal Music Group, Sony Music Entertainment, and Warner Music Group — control a large share of commercially significant masters.
Performing Rights Organizations (PROs) — ASCAP, BMI, and SESAC — collect and distribute public performance royalties for compositions. They do not control sync or master rights, but they maintain databases that can help identify copyright ownership.
According to the Library of Congress, the history of recorded music rights in America traces back over a century. The Music Modernization Act of 2018 was the most significant legislative update in decades, creating a new blanket licensing system for digital music services.
Mechanical Rights vs. Synchronization Rights
- Mechanical rights — the right to reproduce a musical composition in a physical or digital format (CDs, downloads, streaming). Mechanical royalties flow from streaming services and record labels to publishers and then to songwriters.
- Synchronization rights — the right to use a musical composition in timed synchronization with visual images. Sync licenses are negotiated between the user and the music publisher.
What "Clearing" Music Means
In professional music and media contexts, "clearing" a song means obtaining all necessary permissions from all relevant rights holders before using the music. A piece of music is "cleared" when every required license has been obtained, signed, and paid for. Failure to clear music properly — using a recording without a master license, or synchronizing a composition without a sync license — constitutes copyright infringement and can result in significant legal and financial consequences.