What rights do I need to clear to use a song in my video? Publishing vs Master

When you are looking to synchronize a song with any visuals there are two separate rights that you need to clear:

1. The first are the Publishing Rights  which are for the composition and lyrics and can be licensed from the music publisher(s) who represent the writer(s) of the song. Please contact Sabam to know more.
2. The second set of rights you need to clear are the Master Rights  which are for the actual sound recording and can be licensed from the record label who represent the artist who recorded the song. We handle these rights and you can contact us here licensingbelux@umusic.com

Let’s use the song ‘White Christmas’, written by Irving Berlin as an example. Universal Music Publishing control the publishing rights to this song. If you wanted to use the Bing Crosby recording of ‘White Christmas’, as well as approaching Universal Music Publishing, you would also need to clear this with Universal Records who own the master recording. But if you were to use Michael Bublé’s version, then his recording is owned by Warner Records so you would need their permission instead. So the master rights can change with each version of a song while the publishing rights remain at the same companies.

How can I check who owns Publishing and Master Rights for a song?

To check who holds publishing rights you can contact Sabam and for master rights you can check online on several streaming platforms like iTunes, Spotify and music database Discogs, most of the time the master owner is indicated on the bottom of the release page. Information may also be inside the CD cover which mention the relevant publishers and the record label. If you think Universal Music is the masterowner, send us an email: licensingbelux@umusic.com

I’m based in Belgium or Luxembourg and want to use a Universal song in my video (or other medium), what happens next?

1. If the song is a Universal Music track then you will need to contact our licensing team via licensingbelux@umusic.com, letting us know what song you are looking to use and a brief description of your project.

2. We will then be able to confirm our share of the master rights and send through the appropriate synchronization form.
3. Based on the information that you provide in the form, we will then send through a ballpark quote for the use which would be strictly subject to final writer approval.
4. If you would like to proceed to clearance based on the terms of our quote we will then send out for approval to the relevant parties.
5. If the request is approved we would then issue our formal approval along with a request for contracting and invoicing details. All approvals are subject to final contract so the use should only proceed once all paperwork is completed. Please note, we cannot guarantee your request will be approved.

What if I’m not based in Belgium or Luxembourg?

All requests will need to be handled by the same local Universal Music office as the contracting party. Our office only handles requests for Belgium and Luxembourg.

I’m not sure if I will use the song yet but just want a quote?

Our fees are based on the terms that you request and so our synchronization form will need to be completed before we are able to provide a ballpark quote. It is only once you accept the ballpark quote that we would proceed to clearance.

How long does it take to seek clearance?

As a rule of thumb we generally advise to allow a minimum of 2 weeks, although the vast majority of our catalogue can be cleared in a shorter time frame. This is only a guide and request times can vary depending on which song you are looking to use or even the type of request.

How can I speed up the process?

The main way to ensure your request isn’t delayed is by providing as much information as possible. If we need to go back and forth to confirm details this may slow the process down. So for films provide for example a Synopsis (in English) or a link to the scene and as much information about how the track will be used. For commercials mood boards, link to edits etc. are helpful. Please keep in mind that we need to contact the right owners for approval and we cannot guarantee feedback in time.

The ballpark quote also states the fee is MFN, what does that mean?

Most Favoured Nations (MFN) ensures parity between the rights holders. If the specified rights holder (co-publisher and/or master) quote higher, then our fee should be raised to equal theirs. You will pay a fee for the use of the publishing (copyright) and a fee for the master.

A few other handy bits of information:

– Some songs can be more difficult to clear than others so it can also be a good idea to prepare an alternative song in the event that we are unable to secure approval for your request.

– A minimum billing amount will always apply. Also for charity or non-profit projects.