Livestream Music: The Ultimate Licensing Guide You Need!
Navigating the world of livestream music can seem like a daunting task, especially when considering Performance Rights Organizations (PROs) like ASCAP and BMI, major players in music licensing. A common question among streamers and content creators utilizing platforms such as Twitch or YouTube Live centers around what kind of music license for livestream is actually needed. Understanding the nuances of copyright law and the permissions required from entities like Harry Fox Agency will prove essential for avoiding potential legal issues and ensuring that your livestream content remains compliant.
Image taken from the YouTube channel Epiphan Video , from the video titled Licensing music for live streaming (ft. music licensing pro Ben Short) .
Understanding Music Licensing for Livestreaming: Your Ultimate Guide
This guide breaks down the complexities of music licensing in the livestreaming world, specifically focusing on answering the crucial question: what kind of music license for livestream do you need? It’s designed to help content creators navigate the legal landscape and avoid potential copyright infringement issues.
The Core Problem: Copyright Law and Livestreaming
Copyright law protects musical works, giving the copyright holder exclusive rights to their use. When you livestream music, you're essentially performing it publicly, which triggers copyright considerations. Using copyrighted music without proper authorization is a violation of these rights and can result in takedown notices, penalties, or even legal action.
Defining "Public Performance" in the Digital Age
"Public performance" isn't limited to physical venues. Livestreaming platforms are considered public spaces in the eyes of copyright law because your content is accessible to a wide audience. This means that simply playing your favorite song during a stream requires permission from the copyright holders.
The Different Rights Holders
It’s important to understand that a song has two main copyrights associated with it:
- The Composition (Songwriting): This is owned by the songwriter(s) and/or their music publisher(s). It covers the melody, lyrics, and arrangement of the song.
- The Sound Recording (Master Recording): This is owned by the recording artist and/or their record label. It covers the specific recorded version of the song.
You generally need permission from both the composition and sound recording owners to legally livestream music.
Types of Music Licenses Relevant to Livestreaming
Determining what kind of music license for livestream you need depends on how you intend to use the music. Here are the most common license types:
Performance Licenses
These licenses grant you the right to publicly perform a musical composition.
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Through Performing Rights Organizations (PROs): PROs like ASCAP, BMI, SESAC (in the US), SOCAN (in Canada), and PRS (in the UK) represent songwriters and publishers. They issue blanket licenses that allow you to play any song in their repertoire. Getting a blanket license simplifies the process, as it covers a vast library of music.
- Pros: Comprehensive coverage, simplifies licensing.
- Cons: Can be expensive, may not cover all music.
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Direct Licensing: Contacting the copyright holder(s) directly to obtain a license. This is more complex and time-consuming but necessary if the music isn't covered by a PRO.
- Pros: Grants flexibility, covers niche music not available elsewhere.
- Cons: Time-consuming, requires significant effort to identify and contact rights holders.
Synchronization Licenses ("Sync" Licenses)
These licenses grant you the right to synchronize music with visual content (like a video). While primarily for video content, a sync license can be relevant for livestreaming if you are showing pre-recorded videos or visuals alongside your live performance of music.
* **When You Need It:** Using pre-recorded music in intro/outro videos, visuals accompanying live performance.
* **How to Obtain:** Typically obtained directly from the copyright holder of the composition.
Mechanical Licenses
These licenses grant you the right to reproduce and distribute a musical composition. This is less relevant for livestreaming than the other licenses, but becomes important if you plan on recording your livestream and making it available for download.
- When You Need It: Creating a downloadable recording of your livestream.
- How to Obtain: Can be obtained directly from the copyright owner or through an agency like the Harry Fox Agency in the US.
Master Use Licenses
These licenses grant you the right to use a specific sound recording in your livestream. This is crucial because a performance license only covers the composition. To legally use a specific recording, you also need a master use license.
- When You Need It: Playing a specific recording during your livestream (e.g., a track from a specific artist).
- How to Obtain: Usually obtained from the record label that owns the master recording.
Public Domain and Creative Commons Music
Music in the public domain is no longer protected by copyright and can be used freely. Creative Commons music has been licensed in a way that grants certain permissions for usage, which can include commercial use, often with attribution.
- Public Domain: Music where copyright has expired.
- Creative Commons: Music licensed under a Creative Commons license, defining usage rights.
- Pros: Free or low-cost, allows legal usage.
- Cons: Selection limited, attribution requirements often apply.
Choosing the Right License: A Step-by-Step Approach
Figuring out what kind of music license for livestream you need can be broken down into a series of questions:
- How will you use the music? Live performance, background music, pre-recorded content?
- What type of music will you use? Popular songs, original compositions, public domain music?
- Do you plan to monetize your livestream? Commercial use typically requires more comprehensive licensing.
- Will you record and archive your livestream? Archiving requires additional permissions for reproduction and distribution.
Example Scenarios and Licensing Requirements
To illustrate the concepts, consider these scenarios:
| Scenario | Music Usage | Required Licenses (Minimum) |
|---|---|---|
| DJ Set with Popular Tracks | Playing full tracks of commercially released songs. | Performance license (through PROs) AND Master Use Licenses for each track played (likely impossible to obtain individually for a full set) - using royalty-free alternatives is much more practical. |
| Singer-Songwriter Performing Originals | Performing your own original songs. | No licenses needed for your own songs, but needed for cover songs. |
| Playing Background Music in Between Segments | Playing royalty-free music from a subscription service. | Verify the subscription license explicitly allows for usage in live streams. |
| Teaching a Dance Class | Playing commercial music during a live dance class. | Performance licenses (through PROs) often held by the platform or studio, but verify. Also, Master Use licenses ideally but likely difficult to obtain. |
Alternatives to Traditional Licensing
If navigating traditional licensing feels daunting, consider these alternatives:
- Royalty-Free Music Libraries: Numerous online libraries offer royalty-free music that can be used in livestreams with a one-time fee or subscription.
- Creative Commons Music: Explore platforms like Jamendo or SoundCloud for Creative Commons-licensed music.
- Commissioning Original Music: Hiring a composer to create original music tailored for your livestream ensures you own all the necessary rights.
- Playing Your Own Music: If you write and perform your own music, you already own the copyrights and don't need external licenses.
Platform-Specific Considerations
Different livestreaming platforms have different policies regarding music licensing. Some platforms may have agreements with PROs, while others may rely on users to obtain their own licenses. Always review the platform's terms of service to understand your responsibilities.
Twitch
Twitch has strict guidelines regarding music usage. They actively monitor streams for copyright infringement and will issue DMCA takedown notices for unauthorized use of copyrighted music.
YouTube Live
YouTube's Content ID system automatically detects copyrighted music used in livestreams. If copyrighted material is detected, the stream may be muted, demonetized, or taken down.
Facebook Live
Facebook also utilizes a content identification system to detect copyrighted music. Similar to YouTube, unauthorized use can lead to muting, demonetization, or removal.
Staying Compliant: Best Practices
- Keep Records: Maintain detailed records of all licenses obtained and music used.
- Review Platform Policies Regularly: Stay informed about the latest music licensing policies of the livestreaming platforms you use.
- Attribute Appropriately: When using Creative Commons music, follow the specific attribution requirements outlined in the license.
- Consult with a Legal Professional: If you have complex licensing needs or are unsure about compliance, seek guidance from an entertainment lawyer.
Video: Livestream Music: The Ultimate Licensing Guide You Need!
Livestream Music Licensing FAQs
These frequently asked questions can help clarify music licensing for your livestreams.
What happens if I livestream copyrighted music without a license?
Using copyrighted music without permission can lead to your livestream being muted, taken down, or even legal action from the copyright holders. The consequences depend on the platform and the severity of the infringement. Getting the correct what kind of music license for livestream ensures you're protected.
What's the difference between performance rights and synchronization rights for livestreaming?
Performance rights cover the public performance of a song, while synchronization rights cover the reproduction of a song with visuals. Livestreaming typically requires both. You need both to legally stream copyrighted music to your audience. Knowing what kind of music license for livestream covers these is important.
Where do I obtain the appropriate music licenses for my livestreams?
You can obtain performance rights licenses from Performing Rights Organizations (PROs) like ASCAP, BMI, SESAC, and GMR. Synchronization licenses need to be negotiated directly with the copyright holders (often the music publisher). The type of what kind of music license for livestream dictates the exact process.
Is using royalty-free music a substitute for getting licenses when livestreaming?
Royalty-free music can be used as an alternative to standard licenses, but you still need to understand the specific license terms. These licenses dictate how and where the music can be used. Make sure the license permits commercial use on livestreams and check what kind of what kind of music license for livestream applies, if any.