A Guide to Music Licensing for Independent Filmmakers
- Lindsay Spiller
- Apr 8, 2023
- 4 min read
Updated: Dec 12, 2025
Introduction
Music is a crucial element that can elevate the emotion and impact of a film. It can transform a scene from comedy to tragedy and everything in between. But using music in your film requires navigating the complex world of music licensing. In this blog post, we will discuss the process involved in licensing synch rights and master use rights, how to find the rights owners, what to expect regarding cost, the typical time frame for obtaining a license and how long the license lasts. If you need additional help, don't hesitate to schedule an appointment to discuss.
Understanding Music Licensing Terms
Before diving into the process, it's essential to familiarize yourself with some key terms:
Music Licensing
The process of obtaining permission from rights holders to use copyrighted music in a film, commercial or other media production.
Music Lawyer
An attorney specializing in the music industry's legal aspects, including contract negotiation and copyright law.
Synchronization (Sync) License
A license that grants permission to use a specific song or musical composition in synchronization with visual media, such as a film, TV show, or commercial.
Master Use License
A license that grants permission to use a specific song recording in visual media. This license is separate from the sync license and must be obtained from the owner of the recording, which is usually a record label or the artist.
Rights Owners
The parties who own the copyright to a song or recording, such as the songwriter, music publisher or record label.
The Licensing Process: Sync Rights and Master Use Rights
When licensing music for your independent film, you must obtain two separate licenses: a synchronization (sync) license and a master use license.
Synchronization (Sync) License
The sync license grants permission to use a specific song or musical composition in synchronization with a moving image, ie. your film. To obtain a sync license, you need to contact the music publisher, which represents the songwriter(s) and owns the copyright to the musical composition. The music publisher may be a large company like Warner/Chappell or Sony/ATV or it could be the songwriter themselves if they have retained the rights.
Master Use License
The master use license grants permission to use a specific song in nearly any context, including live shows and events, where a sync license would not be needed. But if a sync license is needed, you will need a master use license as well. This license is separate from the sync license and must be obtained from the owner of the recording. This is usually the record label, but it could also be the artist themselves if they are independent or have retained the rights to their recordings.
Steps to Obtain Music Licensing
Identify the music you want to use
Choose the songs or compositions you want to include in your film.
Research the rights owners
Find out who owns the rights to the music you want to use. This information can usually be found through online databases, such as ASCAP, BMI, or SESAC, or by reaching out to the artist or their management.
Contact the rights owners
Reach out to the music publisher (for the sync license) and the record label or artist (for the master use license) to request permission to use the music in your film.
Negotiate the terms
Discuss the scope of usage (e.g., territory, media, duration) and the fees involved. It's a good idea to consult a music lawyer to ensure you get a fair deal and help with contract negotiations.
Finalize the agreement
Once both parties have agreed on the terms, sign the contract and make the necessary payments to secure the licenses.
Cost of Music Licensing
The cost of licensing music for your independent film can vary greatly, depending on factors such as the song or artist's popularity, the music's intended use and the license's scope. For sync, license fees can range from a few hundred dollars for lesser-known songs or compositions to tens of thousands of dollars for popular, well-established tracks. Similarly, master use license fees can vary widely, depending on the notoriety of the recording and the artist.
Independent filmmakers working with a limited budget must be realistic about the music they can afford to license. Consider using lesser-known artists or tracks, which can be more affordable and help bring unique, undiscovered talent to your film.
Time Frame for Obtaining a License
The time it takes to obtain a music license can vary depending on the rights owners' responsiveness and the complexity of the negotiation process. Allowing at least a few weeks to obtain the necessary licenses is a good idea. However, the process can take several months, especially if you're dealing with high-profile artists, publishers or record labels.
To expedite the process, provide all the necessary information when contacting the rights owners, such as a brief description of your film, how the music will be used, and your proposed terms for the license. Working with a music lawyer can also help streamline the process and ensure your requests are handled professionally and efficiently.
Duration of the License
The duration of a music license is typically determined through negotiation between the filmmaker and the rights owners. Some licenses may be granted for a specific period, such as one year, while others may cover the entire life of the film. It's essential to clarify the license duration during the negotiation process and ensure that it aligns with your intended use of the music.
Conclusion
Licensing music for your independent film is a critical process that requires careful planning, research and negotiation. Understanding the different types of licenses involved, identifying the rights owners and working with a music lawyer can ensure success in securing the music that best fits your film's vision and budget. Keep in mind the time frame for obtaining a license and the duration of the license, and always be prepared to adjust your plans if necessary.
Spiller Law is an advisor to startup businesses, entertainment and media companies, and artists. Feel free to schedule a free consultation.
Spiller Law is a San Francisco business and entertainment law firm. We serve clients in the San Francisco Bay Area, Silicon Valley, Los Angeles, and California. Feel free to arrange a free consultation using the Schedule Appointment link on our website. For other questions, feel free to call our offices at 415-991-7298.
The information provided in this article is for general informational purposes only and should not be construed as legal advice or opinion. Readers are advised to consult with their legal counsel for specific advice.