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If sound recordings of musicians are used in commercials or other audiovisual works, the standard remuneration via Sena may fall short. Musicians and producers would be well advised to arrange this use separately with a synchronization license and appropriate remuneration.
Neighboring rights and the role of Sena
Performing musicians and producers of sound recordings hold neighboring rights to their recordings. Sena (the Foundation for the Exploitation of Neighboring Rights) collects and distributes royalties on their behalf for specific uses—such as broadcasting and public performance of music. For much regular use, this offers a suitable solution.
Audiovisual use is left out
The situation is different when using a sound recording in an audiovisual work, such as a commercial or film. For such use—the 'synchronization' of music with images—separate permission is usually required, and the remuneration does not automatically fall under the standard Sena regulations. A European ruling has influenced the position of rights holders in this regard.
Arrange a synchronization license
If music is linked to video, arrange a synchronization license with the rights holders in advance, with an appropriate, separately agreed fee. This prevents the musician from being left empty-handed, and ensures the user knows for certain that the rights have been properly arranged.
What does this mean for you?
If you create advertisements or videos with music, do not assume that a Sena fee covers everything. Arrange the rights for audiovisual use separately. If you are a musician or producer, negotiate a synchronization fee carefully.
Frequently Asked Questions
Does Sena cover the use of my music in a commercial?
Not without further ado. Linking music to video (synchronization) usually requires a separate license and fee.
What is a synchronization license?
Permission to combine an audio recording with visuals, such as in a commercial or film, for a separately agreed fee.
What do I need to arrange if I use music in a video?
A synchronization license with the rights holders, so that you have neighboring and copyright rights properly arranged.
Manage music rights properly?
Our legal experts draft license agreements and advise on neighboring rights. View our copyrightteam or schedule a free consultation.
