When we talk about synchronizing or “syncing”, we actually mean the use of existing music in support of new content. Most of the time, it concerns audio-visual productions such as TV programs, series, films and TV-commercials. However, some advertisers want that one specific song in their radio commercial or TV ad to boost the image they want to create around their brand. Before using music to this end, you must clear the rights.

Since musical works and the sound recordings in which they are embodied are subject to exclusive rights, the holders of those rights must be contacted before the actual use. In certain countries this is governed by pre-existing agreements. In Belgium, too, there was a fairly broad framework agreement, but in 2019 the music publishers eroded the so-called blanket license and reinstated their gatekeeper position regarding the use of their repertoire in TV-content.

If you want to use existing sound recordings, there are two categories of right holders whose permission you need: the publisher (who will usually discuss it with the songwriter) and the master owner (who in turn needs the artist’s consent if the record deal requires so).

This 2-step reflex is very often forgotten, even by professional content creators, and can lead to very unpleasant situations when the right holders find out that their music is being used without their consent. With your back against the wall, it is difficult to negotiate an easy way out!

Not only does this 2-step operation involve double work, in most cases it literally means double the cost. More specifically, it’s an off-the-record “understanding” that the publishers and the master owners get the same fee for the requested use. This phenomenon is known as the “most-favored-nation” principle (inspired by international law). Typically, this guarantee is reflected in a so-called “MFN”. What does all of this mean in practice: by multiplying the publisher’s price offer by two, you know how much how the total price tag of your music clearance will look like if you want to use the original sound recording of the song.

If your production budget is tight, there are a few alternatives, but some of them are not particularly attractive. Well, unless your postproduction guy suddenly turns out to be a hidden Grammy Award winning producer, we’ll leave out the alternative of mixing an in-house masterpiece. An easy and quick solution may be to use library music. Though there is the potential that, a stock “muzak” track could give your brand/production the sex appeal of well… brown underpants. But, in all seriousness, if you’ve really set your mind on that one and only song, it may in some case prove more advantageous to re-record it, especially if it’s a short clip or the intended use covers the whole earth and beyond. Going this route, you’ll no longer need additional permission from the master owner, as well as save the difference between your own recording costs and the master license of the original. However, when the publisher and the master owner are part of the same parent company, we often see that the publisher demands that the original recording be used.

In summary: depending on whether or not you want to use the original recording of a song, you need one or two permissions.