What is a synch license agreement, and what are its legal requirements?

A synchronization license agreement, commonly referred to as a “synch” license, is an agreement between two or more parties that grants the licensee the right to use music or other content in an audio-visual production, such as a music video, movie, television show, or commercial. The licensee pays the licensor (the owner of the music or content) a one-time fee or royalty as compensation for the right to use the music or content. The most important legal requirement of a synch license is that the licensee must have permission from the licensor, or “copyright holder,” to use the music or content. This means that the licensee must provide proper credit to the copyright holder and must pay the required fee for using the music or content. Additionally, the licensee must ensure that the music or content is not being used for any unlawful purposes, such as infringement of copyright. Additionally, there may be other terms in the agreement that must be followed, such as restrictions on altering the original composition or performing a “cover” version of the music. If any of these terms are violated, then the licensee may be held liable for damages and penalties. In New York, a synch license agreement must also be registered with the US Copyright Office, and the agreement must include the date, title, authors, and other information related to the song or content. Failure to do this can result in the licensee being held liable for copyright infringement.

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