License Audio Rights

The makers of any audio meant for commercial use need legal protection. The work can include short audio clips, voiceovers, audiobooks, and many other forms of recordings. Every original audio recording is a form of intellectual property. The decision of users of the property and who can earn money from its use will depend on the contracts and the terms those documents provide. A licensed audio rights law firm is an advocate for every artist they represent.

What Are Audio Rights?

Audio rights are permissions given by the owner of a recording for various uses. The licensee may gain the right to use the audio in any manner desired, or the contract may detail specific circumstances. The artist can allow someone to use the audio as often as they would like for one fee or require royalty payments for every use.

Audio licensing also allows the creator to keep the ownership for their purposes and prevent others from using it. Business owners that produce audio for their branding, for example, may want consumers to think only of them when they hear a specific piece of music or another audio recording.

The help of a license audio rights lawyer can also protect those that wish to allow others to use only a portion of their work. Contracts can give rights to a sample while the artist maintains all rights to the complete product.

Various contracts exist for the types of audio the artist wants to protect. The details of each agreement can vary according to the desires of the artist or the licensee. It always benefits the artist to use the services of a License Audio Rights Attorney during negotiations.

Licenses Used for Audio Content

Synchronization Licenses: Owners of musical compositions use these licenses to allow others to use their audio. Someone may want to use the song as background music on a YouTube video or include it in a movie or TV production. Some may use the work in a commercial, video game, or video production.

Contracts like these may allow licensees to use complete songs or only allow a snippet of the original work. The License Audio Rights Lawyer will include in the document the specific allowable methods of use, who will hold the rights for this use, and the payment required.

Blanket Music Licenses: The American Society of Composers, Authors and Publishers (ASCAP) and other similar organizations that protect artists' rights offer these licenses. Companies that want the music can apply to the organization for licensing. An example of a business that uses these agreements is a radio station. A station may play 500 songs a day and would never have the time to arrange a contractual agreement with every recording artist. Instead, they complete a blanket license that allows them, for a fee, to use the music included under the contract.

The organization, like ASCAP, pays a percentage of the amount they earn from the agreements to each artist covered under the blanket license. The organization typically pays according to the amount of play each artist received.

Audio artists will want to work with several organizations like ASCAP to ensure their work gets maximum exposure. Most radio stations, concert halls, and others that use blanket licenses will work with more than one organization, but not necessarily all. Artists have the best chance for maximum exposure across the country and beyond when they work with many organizations. A License Audio Rights Law Firm will enable the artist to gain the most favorable deal with each contract for the highest possible per-play fee.

Master Use Licenses: The need for a master use license arises when someone wants to use all or part of a recording in another form. The licensee may need it for a video game or to include samples of the audio in another song. The permission applies only to the sound recording named in the contract, so it often means the licensee must apply for multiple licenses when they wish to include an entire composition.

In the music industry, the publisher of the music often has control over audio rights. Independent artists, however, usually retain their full rights. A License Audio Rights Attorney protects the interests of all artists during record company negotiations. Their guidance can help people decide who will hold the right to assign a master use license and prepare the license contracts when needed.

Mass Reproduction Licenses: The Internet has made mass reproduction licenses more common than ever before. These contracts apply to downloading music or audio-books, downloading podcasts, and much more. Artists can sell directly to consumers with these licenses or use them to work with a distributor. Distributors collect payments from the consumer and pay the artist according to the contract.

Who Maintains Audio Rights?

Artists do not always retain their audio rights. Many publishers gain the rights to the work when they sign a contract with the artist. Publishers often allow the artist to have more visibility to consumers than they could receive on their own. Giving up the rights can also free the artist from marketing efforts and legal issues that could take away from their creative time. Working with a License Audio Rights Attorney enables the artist to make the best decision for their needs.

Authors that wish to produce audio-books will need to discuss their options with a License Audio Rights Lawyer. The decision to create an audio version of a written work is not always something the original publisher considers. The author will need to determine if the contract they have with a publishing house allows this endeavor. It is also necessary to consider the best licensing format for the new work.

How Can Artists Regain Their Rights?

Audio artists should contact a License Audio Rights Law Firm whenever they feel someone used their work illegally or the payment was incorrect. An experienced lawyer can review existing contracts and licenses and recommend any changes to protect the artist.

The easy access most people have to advanced technology makes it imperative for creators to take every step available to protect intellectual property. Unlicensed reproductions of audio recordings can spread around the world almost instantly. Licensing will not stop all pirated work, but it makes it easier for the artist to prevent others from profiting illegally from these acts.

About the Author

Fran Perdomo is an Entertainment Lawyer representing clients in all areas entertainment law, including litigation. Learn more bu visiting her website at PerdomoLaw.com.