Frequently Asked Questions
At VL Group we understand that what we offer can be overwhelming at first. The intricacies of hassle free music licensing and software development can take some getting used to. That is why we have tried to make your life just a little bit easier by compiling the most commonly asked questions we get by people looking to source music for their business or app. If there is something you feel we have missed and you have a question you would like answered that is not on this list please do not hesitate to get in touch via the contact form here.
VL Group has a limited catalog that it can provide for sync licenses. If you are looking to use major label content for a synchronization use case, we can connect you with the appropriate rightsholders.
VL Group provides a rigorous and fast music API for using music in your websites or applications. We make it easy for you to handle music licensing, rights holder payouts, technology integration and analytics. After 20 years working with some of the biggest brands in the world we are extremely confident in our API and its ability to deliver results for you.
It’s crucial to understand that standard PRO licenses for businesses do not automatically grant the right to use songs in fitness classes. This means that obtaining a distinct license, beyond the standard PRO license, is necessary to ensure compliance and legal use of music in fitness class settings.
It is important to note that downloading music you have paid for is not synonymous with playing that music openly in a business environment. The act of downloading music for personal use is distinct from the legal obligations and licensing requirements associated with playing music publicly or commercially. To comply with copyright laws, obtaining proper licenses and ensuring public performance rights are necessary when utilizing music in public settings.
When using music in a live video broadcast, it is necessary to compensate both sets of rights holders: the owners of sound recordings (labels or artists) and the owners of underlying compositions (publishers). Solely paying performing rights organizations (PROs) for these digital broadcasts is insufficient regardless of if it is archived. Qualifying Internet Radio Broadcasters have the option to pay for sound recordings through Sound Exchange. If you do not fall under this category, it is recommended to discuss your specific needs with us to explore alternative licensing solutions.
The terms of use for the Spotify and Apple Music APIs explicitly mention that they are not intended for commercial purposes. Although enforcement of these terms has historically been lax, the situation is rapidly evolving. Labels and publishers are becoming more proactive in sending cease and desist letters to infringing entities, and Spotify itself has begun reaching out to companies that violate these terms. It is essential to be aware of these developments and ensure compliance with the stated guidelines to avoid potential legal consequences.
If you have been utilizing music in your business without the appropriate license or with an inadequate license, we strongly advise you to seek assistance from a music attorney or a reputable company that can guide you in understanding and obtaining the correct licenses. Alternatively, it is crucial to familiarize yourself with the risks and challenges associated with music licensing. You can achieve this by either hiring your own lawyer or collaborating with a trustworthy third-party entity that specializes in licensing. When selecting a third party, ensure they possess the necessary rights to license content to you and offer suitable indemnification. Opting for your own lawyer may involve higher costs, but it can expedite your learning process, particularly if music plays a significant role in your business operations.
An “international copyright” that automatically safeguards a work worldwide does not exist. To ensure protection, licenses must be acquired directly from copyright holders, such as labels and music publishers. Outside of the United States, licensing is typically managed by rights societies in individual countries. For Master Recording licenses, options include obtaining them from US record labels or their international counterparts. Publishing licenses, excluding PROs, must be obtained from publishers in the specific country where the product or service is being offered (some publishers outside the US may cover multiple countries). Unauthorized use prevention in a particular country relies on the national laws of that country, necessitating the acquisition of rights for each country where music will be commercially played.
Penalties for copyright violations can reach substantial amounts, with fines going as high as $150,000 per infringed work. Over the past few years, the music industry has been intensifying its efforts to enforce copyright regulations.
Consider a workout soundtrack that is carefully curated with pre-selected beats per minute and timing. However, each time a user engages in the workout, the songs are shuffled, similar to a radio station experience. This type of setup is categorized as Non-Interactive and is significantly more cost-effective than the Interactive/On Demand model, amounting to orders of magnitude in savings (approximately 100 times cheaper). Furthermore, it eliminates the need for direct agreements with labels or music publishers in the United States.
Acquiring this ability for their On Demand video library is often the desired outcome for most content creators. However, obtaining such a license necessitates a synchronization license, this is akin to licensing music for a commercial, which can be both financially burdensome and time-consuming.
Music for use in fitness classes requires a different license to the one required for usage in the background of videos. You will still need to work with one of the 4 Performance Rights Organizations as well as the record label. Alternatively you can use a specialized fitness music provider.
A performing rights organization (“PRO”) has the authority to grant a public performance license. In the United States, there exist four PROs, and each individual writer has the freedom to choose which PRO to collaborate with. By working with a PRO, businesses can obtain a single performance license that encompasses all the writers represented by that particular PRO. To ensure comprehensive coverage of all the writers for the songs you use, it is necessary to acquire licenses from all four PROs. It’s important to note that personal streaming services like Spotify or Apple Music cannot be used for business purposes, as their licensing terms explicitly prohibit such usage.
Securing a synchronization license allows you to pair music with moving images seamlessly. However, in the case of popular music, obtaining a synchronization license is limited to a song-by-song basis. This entails acquiring licenses from the record label/artist as well as the publishers/composers, encompassing all the composers who have ownership stakes in the song.
Composers or writers frequently establish agreements with a separate entity known as a Publisher, which assists them in identifying licensing prospects, negotiating contracts, and collecting earnings on their behalf. The realm of composition licensing can become quite intricate, especially when multiple writers or composers collaborate on a single song, with each artist potentially being affiliated with a distinct publisher. Moreover, if you plan to publicly perform the songs—such as playing music during a fitness class, in a bar or retail store, or streaming music online—a public performance license becomes necessary.
The ownership and control of the master recording typically reside with the record label. When an artist or musician enters into an agreement with a record label, the label undertakes the tasks of recording, marketing, promoting, and licensing the music. As a result, the record label assumes the responsibility of managing contracts and collecting royalties on behalf of the artist.
Each recorded musical piece possesses two distinct copyrights, both necessitating a license: one for the recorded rendition of the song, often known as the “master recording,” and another for the fundamental words and notes constituting the song. This is commonly referred to as the music’s “composition.”
Individuals who produce original content, be it music, films, games, or artwork, possess the rightful authority to govern the fate of their creations. Whenever an individual or a company intends to utilize music, they must seek permission from all the creators involved and, in most instances, compensate them for the privilege of using their music. These agreements are commonly referred to as licenses. It is important to recognize that the beloved artists you admire all desire to be fairly remunerated for their artistic endeavors.
