Recording artists are afforded the following exclusive rights in their sound recordings:
- The right to reproduce (i.e., make copies) their sound recording;
- The right to create derivative works (i.e., make adaptations) of their sound recording by remixing, rearranging, or altering the sound recording in sequence or quality;
- The right to publicly distribute (i.e., sell, lease, or lend) copies of their sound recording; and
- The right to publicly perform their sound recording via digital audio broadcast. [1]
“Master use license” is a generic term used to describe all licenses for the use of sound recordings. Master use licenses will often follow the same terms and conditions as publishing licenses for the requested use, but will instead refer to the specified sound recording and artist being licensed (rather than the musical work and songwriter) and the record label granting the license (rather than the music publisher).
For example, a "master use license" can grant permission to use someone else's sound recording in your video:
- Example: A color guard team wants to make a video of their performance, in which they performed to a recording of a Coldplay song.
- Example: A performing ensemble used a sample of some other ensemble or band’s recording in their performance, and made CDs of their performance.
The equivalent license for a copyrighted musical work is a "synchronization license."
Master use licenses are generally controlled by record labels, and you must obtain master use licenses from the copyright owners directly, though Tresóna might be able to help obtain the master use license under certain circumstances. If you require master use permissions and require help doing so, please contact us and we would be happy to help assist you in your master use licensing efforts.
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[1] 17 U.S.C. § 114(a) and § 114(b); 17 U.S.C. § 106(1) to § 106(3), and § 106(6).