What is synchronization (sync) licensing?

Synchronization ("sync") permissions allow content creators to reproduce copyrighted musical works in audio-visual recordings, such as a video of a marching band or choir performance. [1] 

Sync licensing is required for creating audiovisual recordings, including the creation of DVDs and digital downloads, delayed broadcasts, and on-demand streaming. Here are a few of the reasons you might need a sync license:

  1. You want to sell or give away DVDs of a marching band performance, or of a Winter Guard ensemble performing to a recording
  2. You want to make a 'director's copy' or 'archival' DVD of your ensemble's performance for future reference
  3. You want to offer downloads or on-demand streaming of past performances (e.g., through YouTube) 

Ready to submit a sync request through the Exchange? Here's a how-to.

Do streaming websites allow content creators to include copyrighted music in videos?

No. It's a common misconception that streaming platforms allow content creators to use copyrighted music in their videos. Streaming platforms, like Google (YouTube), Meta (Facebook and Instagram), and TikTok do not grant content creators the right to stream videos of their musical performances, exposing content creators to copyright infringement claims absent synchronization permission:

  • Facebook, Music Guidelines: "[Y]ou remain solely responsible for the content that you post, including any music that is featured in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products."

  • Google Support, YouTube Help: "If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first. YouTube can't grant you these rights and we can't help you find the parties who can grant them to you."

  • TikTok, Terms of Service: "If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the services."​

Why is this a common misconception? Many streaming platforms have entered into agreements with rights holders that protect the streaming platforms from litigation in exchange for monetary payments. For example, YouTube uses Content ID to identify copyrighted music in a video and permit rights holders to monetize (by adding advertisements) or takedown that video. However, content creators, like schools, colleges, and nonprofits, may still be pursued for copyright infringement for creating and uploading videos that contain copyrighted musical works.

Do I need synchronization licensing if I am live streaming a musical performance?

Sync licensing is not required for live streams or broadcasts occurring in real time. [2] However, public performance licensing is needed for both live streams and on-demand streaming. Public performance licensing is most often obtained from performance rights organizations ("PROs"), such as ASCAP, BMI, SESAC, and GMR, though not all music is licensed by PROs. Many streaming platforms have already obtained public performance licensing from the PROs. Organizations that directly upload videos to their own website, rather than embedding videos first posted to YouTube or Facebook, should confirm whether additional public performance licensing is required for their website.

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[1] Buffalo Broadcasting Co., Inc. v. A.S.C.A.P., 744 F.2d 917, 920 (2d Cir. 1984); Agee v. Paramount Communications, Inc., 59 F.3d 317, 322 (2d Cir. 1995); Angel Music, Inc. v. ABC Sports, Inc., 631 F.Supp. 429, 433 n.4 (SDNY 1986).

[2] To the extent that an internet service provider briefly stores video data in order to transmit the video in real time over the Internet, such reproduction (if any) is transitory and thus no reproduction occurs. CoStar Grp., Inc. v. LoopNet, Inc., 373 F.3d 544, 550-551 (4th Cir. 2004); Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121, 129-130 (2d Cir. 2008).