Fashion companies typically do not compose and record music in-house for their advertising campaigns. Instead, either they task their advertising agencies to compose original music (lyrics and melody) and to hire outside musicians to record those compositions, or they license existing compositions from music publishers and then either hire outside musicians to record those compositions or license existing recordings of those compositions form record labels. Regardless of its originality, much of the music heard in fashion advertising campaigns is not owned by the fashion company, but rather is, at least in part, licensed. For that reason a review of the major types of music licenses provides helpful guidance.
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| Coco du Trocadéro |
Synchronization License
A synchronization (or "synch") license gives an advertiser the right to use a musical composition (words and music) in timing with film, video, or other images, for example, as in a commercial or on a website. A synch license will include the right to copy the composition, to distribute copies of the audiovisual work (e.g., commercial) containing the composition, and to publicly perform the composition in connection with display and performance of the associated audiovisual work. This license will expressly exclude and disclaim any rights to any sound recording of the composition and will direct the advertiser to separately secure such rights through a master use license. A synch license also generally will not include any right to distribute sound-only recordings (e.g., Cds, MP3s) of the composition. Advertisers typically obtain a synch license from a music publishing company, rather than directly from the lyricist or composer who wrote the licensed composition.
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| Coco du Trocadéro |
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| Coco du Trocadéro |
Master Recording License
A master recording (or "master use") license gives the advertiser the right to use a preexisting sound recording (of an underlying licensed composition) in a commercial or other audiovisual work. This license will expressly exclude and disclaim any rights to the underlying composition, and will direct the advertiser to separately secure such rights through a synch license. A master use license also generally will not include any right to distribute sound-only recordings (e.g., Cds, MP3s) of the licensed recording. Advertisers typically obtain a master use license from the record label that originally distributed the sound recording, rather than directly from the band that performed on the sound recording.
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| Coco du Trocadéro |
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| Coco du Trocadéro |
Musical Performer Rights License
The vocalists and musicians who perform on an original or preexisting sound recording may have enforceable rights of publicity in their musical performances. Accordingly, advertisers also should secure written licenses from those performers, which may be obtained from the performers themselves or oftentimes are conveyed through the label in the master use license.
Source:
"Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys"
