How Do I Get Permission to Use a Song in a Game?

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Getting the right music for your game can significantly enhance the player experience. However, using copyrighted music without permission can lead to serious legal consequences. So, how exactly do you go about getting permission to use a song in a game? The short answer: you need two licenses: a Synchronization License (Sync) and a Master Use License. These licenses are necessary because every recorded song has two separate copyrights: one for the underlying composition (lyrics and melody) and one for the specific recording of that composition. Let’s dive deeper into how to obtain these licenses and navigate the complex world of music rights.

Understanding the Two Necessary Licenses

Synchronization License (Sync)

A synchronization license grants you the right to synchronize the music with a visual medium, such as a video game. This license deals with the musical composition itself – the melody, lyrics, and structure of the song. You need this license to legally use the song’s composition in your game, regardless of which recording you use. Typically, the publisher of the song controls the sync rights. Often, this will be the songwriter(s) or their publishing company.

Master Use License

A master use license gives you permission to use a specific recording of a song. This license covers the actual sound recording, the unique version performed and captured by the artist and recording label. The record label that produced the specific recording usually controls the master use rights. Without this license, you cannot legally include that specific version of the song in your game.

Steps to Obtain the Licenses

1. Determine if permission is needed: If you’re using public domain music, you don’t need permission. Music falls into the public domain if it was created before copyright existed, or if the copyright has expired (generally before 1927). If you’re using music written in 1928 or later, you will need permission.

2. Identify the Owner(s): For the sync license, you’ll need to identify the music publisher(s). This can be done by searching the repertories of performing rights organizations (PROs) like ASCAP, BMI, and GMR. These databases often list the publishers and contact information for musical works. For the master use license, the record label is the entity you’ll need to identify. The label information is usually listed on the album itself or on the label’s website.

3. Contact the Owner(s): Once you’ve identified the publisher and record label, reach out to them to inquire about licensing fees and terms. Be clear about how you plan to use the song (e.g., in-game background music, intro sequence, etc.). Provide detailed information about your game, platform, and target audience.

4. Negotiate Fees: The cost to license a song can vary greatly depending on several factors, including the song’s popularity, the artist’s prominence, the duration of the song used, the scope of the game, and the licensing terms. Independent artist licenses are typically cheaper than major artists. Be prepared to negotiate and be open to alternative uses of a song that may be more cost-effective. Some licenses charge a flat fee while others might charge a percentage of revenue.

5. Get the Agreement in Writing: Never use a song in your game based on a verbal agreement. Always get both the sync and master use licenses in writing. These written agreements should clearly outline the terms of use, the fees paid, the duration of the license, and any other specific stipulations. A written agreement protects both you and the copyright owners.

Where to Begin Your Search

• Performing Rights Organizations (PROs): Search the databases of ASCAP, BMI, and GMR to locate the publishers for sync licenses.
• Record Labels: Contact the record label directly to inquire about master use licenses.
• Music Licensing Companies: Consider using a music licensing company that can help streamline the process and secure both licenses for you.
• PDINFO.com: Use this site to identify any music that may be considered in the public domain.

Important Considerations

• No Small Amount Rule: There’s no specific “amount” of a song you can use without permission. Even using a small portion can be copyright infringement.
• Credit is Not Enough: Simply giving credit to the artist does not excuse using the song without the proper licenses.
• “I Don’t Own the Rights” Disclaimer: Phrases such as “I do not own the rights to this song” do not legalize unauthorized use of music.

The Importance of Legal Compliance

Using copyrighted music without the necessary licenses can lead to significant legal issues. Copyright infringement can result in lawsuits, financial penalties, and even criminal charges if the infraction is willful. It’s always better to secure the proper licenses upfront than risk the consequences.

Frequently Asked Questions (FAQs)

1. Can I use a song in my game if I give credit to the artist?

No. Giving credit to the artist doesn’t make it legal to use copyrighted music without permission. You still need to obtain the necessary synchronization and master use licenses.

2. What happens if I use copyrighted music in my game without permission?

You could face legal action from the copyright holders. This could include lawsuits, financial penalties that can reach up to $150,000 per infringement, and even criminal charges in cases of willful infringement.

3. How much does it cost to license a song for my game?

The cost varies widely. The cost of a license can vary widely from under $100 for small indie artists to thousands of dollars for well-known, commercially successful artists. The cost depends on factors like the artist’s popularity, the extent of usage, and the licensing terms.

4. Can I use a cover version of a song to avoid licensing issues?

Using a cover version of a song still requires a synchronization license from the song’s publisher. You also need permission from the artist to record or make a new version of their song. Cover versions do not circumvent the need for permissions.

5. Are there any royalty-free or public domain music options I can use?

Yes. You can use music that is in the public domain, typically songs written before 1927. There are also royalty-free music libraries where you can license music for a fee without needing to go to the artist directly, but these still require licenses.

6. Can I use a short clip of a song without getting a license?

No, there’s no minimum amount of a song you can use without violating copyright. Even a few seconds could be considered infringement.

7. What if I only use a song in my game as background music?

You still require both a synchronization and a master use license, regardless of how prominent the music is in your game. Even background music is subject to copyright law.

8. Who are ASCAP, BMI, and GMR, and what do they do?

These are performing rights organizations (PROs). They represent songwriters and music publishers. They collect royalties for public performances of music and also provide information on how to contact publishers for sync licenses.

9. Do I need separate licenses for different platforms if my game is on multiple platforms?

Yes, in most cases. Check the terms of your licenses carefully. Licensing is frequently platform-specific. You’ll likely need different licenses to release the same game across PC, mobile, and consoles.

10. Can I use music I created myself in my game without any licenses?

Yes. If you wrote the music and have not assigned the rights to any other party, you own the copyrights and can use it in your game without licenses.

11. What are “small rights” and “grand rights” in music licensing?

Small rights refer to the public performance rights of individual songs for non-dramatic use. Grand rights (or theatrical rights) cover music used in dramatic performances that include visual elements, such as stage plays or musicals. Game licensing typically falls under the category of “sync” use, rather than “small” or “grand” rights.

12. How do I find the contact information for the record label?

The record label information is usually found on the album cover, case, or liner notes. You can often find more detailed information on the record label’s website.

13. What is a music licensing company?

A music licensing company acts as an intermediary. They can help you secure the necessary licenses from publishers and labels, streamlining the process for you. This is a very useful and common method for licensing music for video games.

14. If a song is on YouTube, can I assume it is ok to use in my game?

No. Just because a song is on a streaming platform like YouTube does not mean it is free to use. Most often the licenses are only for streaming the music, not using it in other contexts. You still need to acquire the proper licenses for your video game.

15. What does it mean if a song is in the “public domain”?

A song in the public domain is no longer protected by copyright law and can be used by anyone without permission or payment. This generally includes songs created before 1927.