Direct Licensing
Originally Posted in Musicinfo.io by Juri Kobayashi
Direct music licensing is a process in which music rights holders (usually composers, publishers, or performing rights organizations) grant permission to a music user, business or organization, to use their musical compositions in commercial or public situations. As a music user you would need to research and find the rights owners to ask permission to use their music in your creation.
You need to acquire a license when you:
use samples (sections of a song recording or from the composition) remix a song use lyrics or a portion thereof cover a song and record it for physical distribution cover a song that has never been covered before digitally or physically distribute a cover a song in the USA
As a producer there is a debate whether or not you need to clear samples in your production. I guess it depends on your creative process and work ethic. Are you going to produce dope beats with uncleared samples only to get denied rights, or are you positive that your beats are so dope they’ll get cleared no doubt?
If you are using music for your personal private creations that will never see the light of day except in your own home, then that would fall under the “fair rights usage” and you don’t need permission to use any content. However you may be in a pickle if when you do want to share your music publicly or monetize your music that you would first need to clear it, meaning: get the rights and licenses.
You may need to acquire a direct music license when there is no other way to legally use the music you would like. It is unlike traditional blanket licenses offered by performing rights organizations (PROs) like ASCAP, BMI, and SESAC, which cover a wide catalog of music, direct licensing involves negotiating licenses for individual songs or a specific set of songs.
In most cases the composer or writer of the music would need to hear your creation to see if they accept how you are going to use it. They may or may not accept. The conditions of the usage would be negotiated and set out in the license contract, usually with the assistance of a legal professional.
In direct licensing the music user and the rights holder or their representatives negotiate and create customized licensing agreements. These agreements specify the terms, conditions, and fees for the use of specific songs.
You would need to acquire a license whenever you plan on using someone else’s music for commercial or public purposes. This would include the publishing or composition license and the master license if you intend to use prerecorded sounds as samples or remixes.
In direct licensing, you typically negotiate with the songwriters, composers, and music publishers directly or through their representatives, rather than with a PRO. This allows for more flexibility in terms of agreements. It’s important to note that the process of direct licensing can be complex, as it involves negotiating individual agreements for each song. World renowned Deborah Mannis-Gardner shares her experience with acquiring permission for hit songs over the decades in this video.
