What is clearance?
Clearing is the process of acquiring “permission” or “clearance” from a copyright holder to use their intellectual property in any way. Any element that is being considered for use is called a “Third Party Element” as it relates to the production. It must be cleared for use PRIOR to inclusion in the production.
In the case of music, there may be a number parties that must be contacted to obtain clearance. Each song has two “sides” that must be cleared – the master and publishing. The “Master” (sound recording) will be cleared by the record label and the “Publishing” (synch or mechanical) will be cleared by the publisher. Below are the different licenses that licenses can be involved.
A “Master Use License” grants the right to reproduce the song from an existing sound recording. It can be an master by a recording artist or an instrumental.
A “Synchronization License” grants the right to include a musical composition in an audio-visual work in timed relation to the other elements (i.e., film, television programs and commercials, etc.)
A “Mechanical License” grants the right to manufacture and distribute phono-records or digital phono-records that include an existing copyrighted song.
Video Clip or Footage clearances can be just as complicated. Depending on the type of clip, content and any talent within the clip or photo, several parties may be involved. If it’s a movie scene, the clip as well as all of the actors that appear within the clip may need to be cleared.
We could go on and on, but we think you get the idea that clearances are a complex issue – that’s where we come in. Feel free to contact us and we’ll be happy to answer any preliminary questions you have about licensing.
