Under the Copyright Act, a copyright holder has the exclusive right to reproduce the copyrighted work in copies or phono records. This includes the synchronization right, or synch right, which is the right to reproduce the music onto the soundtrack of a film or other video-based media in synchronization with the action(s) being performed in the film.
When a producer wants to use outside music in a film or other video-based media, he or she must first obtain the “synch right” from the copyright owner to record the music on the soundtrack of the film or tape.
A synch up license is a form of the reproduction right created by the copyright statute as one of the exclusive rights enjoyed by the copyright owner. It allows the licensee to synchronize copyrighted musical compositions with visual images, such as in films, television shows, advertisements, video games, and other audiovisual media.
The synch up license typically provides for a one-time fee for the right to embody the musical composition in these works and in some instances, a royalty to be paid to the copyright owner.
There are two general categories of licenses: exclusive and non-exclusive licenses. Non-exclusive licenses permit licensees to use the copyrighted material in a manner that is agreed to by the licensee and copyright owner. Exclusive licenses are granted to a single licensee (individual or entity) to use the copyrighted work. Typically, these synch up licenses are necessary when copyrighted music is included in movies and commercials.
The key takeaway is this: a synch up license is a form of the reproduction right under the Copyright Act that allows a licensee to synchronize copyrighted musical compositions with visual images.
So, the next time you hear a familiar song integrated into the background music of your favorite TV show or movie, think about whether a synch up license was used, and what its terms might be (for the Copyright enthusiasts out there)!