• Compulsory License
• Master License
• Print License
• Public Performance License
• Synchronization License
• Theatrical License

Generally:

Unless it is so old that it is in what it is called the public domain, if you wish to use music which is under copyright — recognized as owned by another — you must first obtain specific permission for its specific use(s). The United States Copyright Office can identify for you status of copyright for any work on file with its records. Technically, copyright can be claimed without a filing with the copyright office, but one should expect most composer-lyricists to be serious enough about their work to have filed a copyright, and to seek all legal protection and other benefits thereunder.

CONTACT:       U.S. Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
ph: (202) 707-3000    or   1 (877) 476-0778  (toll-free)

VISIT:          U.S. Copyright Office

Different specific uses of copyrighted material require different and specific permissions. Different uses may require multiple licenses, depending on various factors.

Although the Copyright Office (listed above) is a good source authority listing circulars and other info about how it directs policy or otherwise administers to any law or related regulation pertaining to copyrights and their use, consider consulting an IP (intellectual property) lawyer.

DISCLAIMER:

Opinion provided below is for information purposes only, including as to historically established industry norms. However, no representation, particularly of a legal nature, is made or implied in any description(s) thereof.

Just as it is proper for one to seek out a specialist for specialty needs, one may wish to consider consulting an attorney as may be necessary.

For general public information; (for information purposes only; consult a lawyer for legal advice).

REMINDER:  Mechanical Licensing

Listed in further detail on a dedicated separate page at this site is Mechanical Licensing, which in short applies to the “composition” — essentially the music, including notation, etc., and lyrics {together the underlying work that is the song itself}. The nature of your request under Mechanical Licensing is for you, or an artist for hire that you commission, to perform this underlying work and for specific and limited permission to distribute that performance, with the right to commercially sell such audio release, in a very limited and specific way. Namely, that would be the following parameters:

For any instance of audio only use of the work [under someone else’s copyright] as your recorded AUDIO performance to a transfixed medium [in other words, vinyl (records) or CD or DVD or in the case of digital, by download to a hard drive].

Note: to showcase or use this work in any visual capacity requires additional specific permissions.

To be clear, audio use only here means you are obtaining permission to generate your own audio interpretation of the underlying work. It does not mean you have permission to use the artist(s) voice(s) or other aspects of arrangement from the existing copyrighted work from which you are borrowing the right to use the original composition aspects of the song. A clear example is this. If you wanted to record your version of Yesterday, that is a mechanical license if all you want is to make an audio version and sell it as indicated above. Additional distributions/uses are something else. But if you wanted Paul McCartney’s actual voice and/or other performance that is additional and further permissions need to be obtained.

As you can see, permissions tend to be a la carte, but be careful that even a Master License [discussed below] has a corresponding Mechanical License as required. {Where a Master License is needed for an audio-only product (CDs, Digital Downloads, Interactive Audio Streams), you also need a Mechanical License. The master license pays only the artist for the right to use their recording; the mechanical license pays the composer for the right to use their song.}

For Mechanical License permission (further detail one page over at this site) for use of rights to a song under bernmeister copyright, click here and fill in the blanks and email back to us for processing at mech_license_use@bernmeister.com.

REMINDER:  Licensing generally

Any commercial use of product requires expressed permission for use which must be obtained in advance of use. Permission granted is specific as limited to the use specified, typically stated are only the industry standard parameters. This is so unless further permission is specifically expressed, and that is not to be expected with illustrations mentioned below as added language supplies a custom agreement.

Generally worth noting:
A “Composition” is the underlying essence (including the notes and lyrics) of what defines a work of music, typically referred to as a “song”. The rights to the composition are usually owned by the composer(s) or their publisher. Aa mechanical license — only audio — or a synchronization license — only video — grants permission authorizing the specific use.

Permission via a master license is obligatory for use of a recording — a recorded performance of the composition (song). Whenever a master license is necessary for audio only applications, a corresponding mechanical license is likewise required. The master license pays only the artist for the right to use their recording; the mechanical license pays the composer for the right to use their song.

Likewise whenever a master license is needed for video/other visual uses, a synchronization license is additionally needed. The master license pays only the artist for the right to use their recording; the synchronization license pays the composer for the right to use their song.

Note: The U.S. Copyright Office advises that certain aspects of the Music Modernization Act are being implemented for the first time presently, in January 2021.

We are coordinating with legal staff to make sure all our forms are in order and there is compliance.

We will have everything up to date shortly, and in the meantime, please do advise bern of your interest and we will follow up with you.

Compulsory License

Compulsory licenses have existed, but are regarded as more restrictive than a Mechanical License, and the copyright holder gets paid anyway so most consider the Mechanical License if at all possible.

A compulsory license does not mean there is a magic piece of paper that defeats your requirement to respect the copyright and obtain permission. It just means that [particularly if there is a fine legal dispute] that you effectively obtain permission alternatively, for which indirect authorization you pay a similar amount.

Note: the copyright office gives notice that compulsory license regulation in particular has been revised under the aforesaid Music Modernization Act.

Form for download – click here

Master License

A master license — also called a master lease or master rights — is an agreement between a music user and the owner of a copyrighted audio recording, that grants permission to use that specific actual recording (not a sound alike, which is a different license). Whenever you use an existing recording that someone else made, even if it’s just a small sample, you need a master license.
{For example, if you sample a portion of a Jack Bruce work — even if you are only using his bass, or Ginger Baker’s drums, or Eric Clapton’s guitar part(s) [think Sunshine of Your Love by Cream] a master license is obligatory for any or all of it. When a singer is recorded over a karaoke or other track backing up the vocals, you need a master license.}

The same holds true for an entire work, not just a sample. You might desire an entire popular original recording or section of that recording*, such as for advertising or other commercial video. If that is the case a master license is needed. Besides advertising, expect to need a master license for the following, but not limited to only these: derivative works, film, TV, theatre/stage recordings, and other retail/wholesale use besides what is strictly advertising.
{* To be clear, I mean if you are using either only an instrument solo (any instrument), or alternatively all instruments and voices, either way you need a Master License regardless of the size or complexity of any snippet or larger size use of copyrighted material.}

{Master rights holders maintain total control of their works so any fee can be set on their timetable. Permission is not obliged nor mandatory, hence application to use the license may be rejected outright.}

Form for download – click here

Print License

A print license is an agreement that provides permission to rearrange, print, or display music notes or lyrics of someone else’s copyrighted song. Such permission, also called print rights, is needed whether your use of the copyrighted material is minimal or extensive. An illustration could include printing lyrics under copyright in the liner notes of a CD; showing such song lyrics on a web site; or pretty much any other printing of lyrics not in the public domain will require a print license.

Another instance of when a print license is required is when an artist wishes to make a new arrangement of an existing composition,  Illustrations of arrangements include, for example, simplified sheet music to more elaborate choir or other performance stylings including but not limited to such derivative arrangements or compilations. Professionals including show directors with extensive musical knowledge may prefer to create their own arrangements. To legally undertake such customization they need a print license.If sheet music to facilitate performance but not engage in commercial development of that performance, such as having copies of sheet music for a church choir, it is better to avoid technical legal issues about a print license by purchasing authorized sheet music. However, beyond that practical solution in an isolated, limited instance, you will need a print license. If reprinting lyrics/music under another’s copyright is necessary, your newly creation work will need a print license.

Being custom-negotiated directly with the copyright holder expect print licenses to be complex. Legally print rights holders maintain full sway of any intellectual property controlled when it relates to print uses. They can set any fee are upfront, proceeding at their own pace. A license request may be rejected outright.

Print licenses pays a royalty to the copyright holder (owner) of the composition (song) and are required to be secured before distribution.

Form for download – click  here

Public Performance License

A public performance license is an agreement between an applicant using the music the owner of a copyrighted composition (song), providing permission to play a copyrighted song in public, online, or on radio. (Examples of public use include concerts, as well as use for ambience at locations open to the public; examples of online may include streaming services.) A public performance license is required no matter how much or little of the song you is used; use of copyrighted material requires permission. This authorization may also called public performance rights, performance rights, or performing rights. Public performance licenses must be secured before playing copyrighted music in public.