A recording, for the purposes of licensing, includes any fixed media object, from physical manifestations (CDs, DVDs, LPs, etc.) to digital fixity (mp3, wav, mp4, mov, etc.). Any saved audio or video live stream is a recording.
Recordings of copyrighted works must be licensed for distribution, both in a physical format or through an online platform.
To date, there is no blanket mechanical or synchronization licensing available, as exists for live performance + synchronous stream. Works recorded must be licensed individually and for the specific circumstances of their distribution.
To distribute a recording of a copyrighted musical work, a mechanical license must be obtained. This is required regardless of whether the recording is analog or digital. The Mechanical Licensing Collective Public Search and SongFile are both useful tools for identifying rights holders, and in some cases, starting the process of obtaining a mechanical license.
The Mechanical Licensing Collective is a non-profit organization that administers blanket mechanical licensing for digital service providers (e.g., Spotify, Apple Music, Google Play) and distributes royalties to rights holders. The MCL has a publicly searchable database of musical works, which is a great tool for identifying the rights holders for a musical work. When searching the database, it is helpful to have not only the title of the work, but the WRITER's name(s). The name of the performer is less useful, as the writer of the work is searchable field, whereas recording artist is not.
The Harry Fox Agency administers mechanical licensing for the over 21 million works in its catalog. Their platform Songfile is used to administer licensing of recordings. To search the HFA catalog available in Songfile, you must register for an account.
There are companies that provide packaged services that include licensing, pushing audio to various streaming platforms, and in some cases producing physical media. These digital distributors are not labels, so artists retain their copyright. Choosing a company to distribute a digital recording comes down to how each company structures its fees and services, and which is a best match for a particular artist or recording. Things to consider when selecting a digital distribution company can include:
Copyrighted music used in video recordings, including as background or as the focus of the recording (e.g., a recording of a live performance) requires a synchronization license. Where there are third party groups that provide sweeping services for mechanical licensing, sync licensing more often requires working with the rights holder (e.g., publisher, label, individual).
Use this tool to determine how to license works for UI recordings that will be distributed online.