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The Business of Composing, Part 2 - Licensing

Key Terms censes and royalties have existed for decades, but their
Licensing refers to all the ways that composers and meanings/applications have broadened in the internet
publishers (as well as performing artists, sound record- era. First, let’s get an overview of the traditional (pre-
ing owners, etc.) grant permission and collect revenue digital era) applications of these terms, and how they’ve
for various uses of their copyrighted work beyond the expanded in the digital era; then we’ll get into the de-
sale of the original sheet music. Selling sheet music tails of how the digital era works.
is usually the more profitable income stream; many
licensing situations do not yield significant income.
However, licensing can be lucrative in certain situations Traditional Licensing (Pre-Digital Era)
(i.e. if a composer’s music is used on a widely-broadcast A recorded performance (audio and/or video) of
TV show or commercial), and even the smaller aspects music has various aspects of ownership that are essen-
of licensing can add up to worthwhile income. tial to understand:
Most types of licensing generate royalties, which
are typically paid to the publisher and then split 50/50 • The “musical work,” sometimes called “underly-
between publisher and writer(s) (the composer, and, if ing work”: the musical composition itself, which is
applicable, author or text copyright holder)—a much owned by the publisher/copyright holder.
higher percentage than the traditional 10% royalty
paid on sheet music. Self-publishers, of course, keep • The “sound recording”: this particular recording
“both halves” of licensing royalties (composer 50% and of the musical work, which is typically owned by
publisher 50%), but have much more work to do. whoever paid for or “produced” it—perhaps a
There are many types of licensing, and publishers’ composer and/or choir who hired a recording en-
policies may vary on some of them, including license gineer, produced a recording, and agreed on who
to arrange (adapt/change original content), transcribe would own that recording; or perhaps a record la-
(translate to a new medium/instrumentation without bel.
altering original content), or orchestrate copyrighted
music (arrangement or orchestration license); • The “video recording”: again, typically owned by
to reprint copyrighted music as part of a collection or whoever produced this video recording of the
project (print license); to create performance tracks; work.
to broadcast recordings of the copyrighted music on
radio or television (broadcast license), etc. Policies The producer of a recording must secure a license
for these types of licensing are best discussed directly from the publisher (the copyright holder of the musical
with individual publishers. work) in order to create their recording. The producer
1
In all these aspects, the publisher (traditional or in- of the recording is then entitled to collect revenue from
dependent/self) controls all rights to the original work, their recording, but royalties are paid (in various ways,
and the works may not be used or adapted without at depending on the usages) to the publisher for the use
least permission, and often a license (with an associated of their copyrighted music. (As previously mentioned,
fee) from the publisher, which generates income for the these royalties are then split between publisher and
composer. Conductors, take note: when you properly writer[s].)
pursue permissions and licensing, you’re directly sup-
porting choral composers! Mechanical Licensing and Royalties: Before the
Some types of licensing, however, have standard- internet, this term simply referred to the license re-
ized policies and mechanisms that control the revenue quired by publishers when someone recorded and dis-
treams. These licenses usually relate to the use of the tributed a physical audio recording (e.g., a phonograph,
musical work in audio or video recordings, and include cassette, or CD) of a performance or “cover” of a pub-
Mechanical Licensing, Synchronization (Sync) lisher’s copyrighted music. This process is still in use
Licensing, and Performance Licensing. These li- for physical recordings, and can be done two different

36 CHORAL JOURNAL March/April 2023 Volume 63 Number 7