Monetizing Original Animations With Famous Copyrighted Songs: A Comprehensive Guide

If you have ever considered creating an original animation to complement a famous and copyrighted song, you may wonder: can you monetize this video? The answer, traditionally, was not straightforward. However, with the right approach and thorough understanding of copyright laws, you can potentially monetize your creation.

Synchronization or Broadcast: The Legal Framework

When it comes to the use of copyrighted songs in videos, the process is governed by what's known as a synchronization (sync) license. This license grants you the right to use the song in synchronization with your video content. The rules for obtaining a sync license are similar to those for commercial applications, regardless of whether you're creating a movie animation or a commercial advertisement.

Steps to Obtain a Sync License

To secure the necessary permission, you must reach out to the music publisher, which acts as the exclusive rights owner of the song's composition and lyrics. Once you have their permission, you'll be offered a sync or broadcast license, which gives you the right to distribute and monetize your video content using the song. The sync fee is typically shared with the songwriter(s) and the international, if the song has one.

Direct Licensing and Royalties

The procedure for obtaining a sync license can vary based on the popularity of the song. If the song is widely recognized, you might need to pay a significant fee. However, more straightforward arrangements are possible for less well-known songs.

Direct Licensing for Popular Songs

For popular and well-known songs, contacting the rights holders (such as the record label, music publisher, or copyright collection society) directly is often the most straightforward method. However, be prepared to pay a hefty fee for this permission. This approach allows you to monetize your video to the fullest extent.

Lesser-Known Songs and Royalty-Splitting

The rights holders for lesser-known songs might offer a more affordable flat fee for licensing, or they might even grant usage permission for free in exchange for credit. This can be a win-win situation for both parties, as you gain the right to use the song and the rights holders get exposure for their work.

Monetization Without Direct Licensing

While obtaining a sync license can seem daunting, there are alternative methods to monetize your video content. These involve splitting the revenue generated from the song/video combination with the rights holders.

Splitting the Monetization Profits

One approach is to negotiate a royalty split with the rights holders. This involves convincing them to grant you a license for the song's use in your video, but with the agreement to share a portion of the revenue generated from the video's monetization efforts. This might include partnerships with platforms like YouTube through Google AdSense, which provides detailed data on traffic and revenue.

Contractual Agreements and Legal Considerations

This type of arrangement is more complex and might require the involvement of attorneys. You'll need to sign a contract specifying the terms of the agreement, including revenue-sharing percentages and the process for verifying the accuracy of these shares. It may also involve providing auditable data to ensure compliance with the agreement.

Directors and Creators Rights

It's important to note that the rights holders can be a record label, music publisher, or a copyright collection society (CSSL) PMO, or other related entities. In some cases, artists and performers may not have distribution rights due to contractual agreements with their labels or management, which is why it's crucial to contact the proper rights holders.

Potential Benefits and Opportunities

By obtaining the necessary permissions, you can create unique and engaging animation videos that can gain wide exposure and attract significant viewership. If the rights holders like your animation, they might even consider it for official music video use. This can be a win-win situation, as you get to showcase your creative work, and the rights holders gain significant promotional value.

Conclusion

In summary, while it may require a significant upfront investment, obtaining a sync license for a famous and copyrighted song can open up numerous monetization opportunities. Whether through direct licensing or a royalty-split agreement, you can leverage your original animation to reach a broader audience and generate substantial revenue. Just ensure you adhere to the legal framework and work closely with the rights holders to navigate the complexities of synchronization licensing.