Synchronisation licence and subsequent use licence – what are the differences?

You may be asking how Synchronisation Rights and Subsequent (Secondary) Use Rights differ. And what would their significance be in the context of the protected repertoire used for a promotional video? PROPHON team explains:

Synchronisation licence (rights) is the authorisation advertisers have to obtain from the relevant rightholders to be able to use their music in a specific promotional spot, connecting the audio recording with the promotional video. This right is granted personally by the author(s) and producer(s).

Secondary use licence: Each performer and producer is entitled to for thesecondary in return for subsequent use of his/her music (upon granting rights for transmission, broadcasting, retransmission, public performance – hotels, restaurants, cafés, etc.), in addition to the earnings received for the synchronisation licence granted. Usually this remuneration is received with the assistance of the collective rights management organisations (CRMO).

Practice shows that oftentimes rightholders grant secondary use rights together with synchronisation rights. In this way they get deprived of the opportunity to get earnings from each subsequent use of the recording as part of the relevant advertising. In this sense there is a great risk that your revenues do not grow in proportion to the popularity and the airplay of the recording.