The information in this blog is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. We make no guarantees about the accuracy or completeness of the information provided. Reliance on any information in this blog is at your own risk.
Securing the right soundtrack can make or break a creative project. Whether you’re building an open-world game set in futuristic Toronto or producing a feature film destined for TIFF, you will almost certainly need a synchronization licence—often shortened to “sync licence”—before you can legally pair music with moving images. Unlike performance or mechanical rights, sync licensing is not administered by a Canadian collective; it requires direct negotiation with rightsholders. Mismanaging that process can delay release schedules, inflate budgets, or trigger infringement lawsuits that strip revenue from sales, streaming, and DLC.
What Is a Sync Licence?
A sync licence authorizes the synchronization of a musical composition with visual content—film, television, advertising, or video games. It covers:
- The composition (lyrics and melody) controlled by the songwriter and publisher.
– - Often—but not always—the master sound recording controlled by a record label or independent artist if you want to use an existing recording rather than create your own cover or score.
Because two copyrights are typically involved, developers and filmmakers may need a dual clearance: one agreement for the composition and another (a master-use licence) for the recording.
Why Sync Matters in Ontario’s Creative Economy
- Global distribution – International platforms like Steam, Netflix, and Disney+ require iron-clad licensing documents to avoid regional takedowns.
- Funding and tax credits – Ontario Creates and Telefilm audits include IP-ownership checks; missing licences can derail funding.
- Cross-media revenue – Soundtracks often spin off into OST albums, trailers, and promotional clips. These require expanded or separate licences, which are easier to negotiate upfront.
Key Terms to Negotiate
Scope of Use
Specify where and how the track will appear: in-game background loop, cinematic cut-scene, trailer, or end-credits. Broader rights cost more but prevent future renegotiations.
Territory
“Worldwide” is standard for digital distribution. If budget is tight, a phased approach (Canada and U.S. first, optional worldwide buy-out later) can work—but only if your distribution strategy allows regional geoblocking.
Term
Perpetual licences eliminate future headaches but increase fees. A five- or 10-year term with renewal options may balance cost and flexibility.
Media
List every format: theatrical, streaming, OTT, VR, in-flight entertainment, social-media marketing. Emerging media should be covered with “any platform now known or hereafter devised” language.
Exclusivity
Games rarely secure exclusivity due to cost, but major film franchises sometimes demand it to preserve brand identity.
Duration of Clip
Using a 10-second instrumental loop may be cheaper than the full track, but you still need permission. Don’t assume a brief excerpt falls under fair dealing—it doesn’t.
Payment Structure
Typical models include:
- Flat fee upfront
– - Flat fee plus step-ups for box-office or unit-sales milestones
– - Revenue share (rare in indie deals)
Sync Licensing for Video Games: Unique Considerations
- Interactive vs. linear use – Games allow players to loop, interrupt, or remix tracks. Clarify whether the licence covers interactive manipulation.
– - Downloadable content and live-ops – Add language covering expansion packs or seasonal events; otherwise, every DLC drop may require new negotiations.
– - Twitch and YouTube streaming – Secure streaming clearances so players and content creators can broadcast gameplay without triggering DMCA strikes. Include public-performance and communication-to-the-public rights.
– - In-game concerts and special events – If your game hosts virtual concerts (à la Fortnite), that is a separate performance licence, not typically covered by basic sync terms.
Sync Licensing for Film: Producer Hot-Spots
- Festival vs. general release – Early festival cuts often screen under “festival-use” licences at reduced rates. Producers must top up to worldwide distribution licences before VOD or theatrical runs.
– - Trailer rights – Trailers require separate sync clearances. Don’t assume the feature film licence extends to marketing materials.
– - Cue sheets – Accurate cue sheets must be filed with SOCAN and Re:Sound to ensure songwriters and performers collect performance royalties when the film airs on TV or streaming services.
The Canadian Licensing Landscape
| Rightsholder | What They Control | To Whom You Pay |
| Composer/Publisher | Musical composition | Sync fee for composition |
| Record Label/Artist | Master recording | Master-use fee |
| SOCAN/Re:Sound | Public-performance & communication rights | Typically handled by distributor or venue; not part of sync fee |
Canadian law offers no compulsory-licence scheme for sync—every deal is bespoke.
Budgeting and Timelines
- Major label hits: Expect CAD $20,000–$100,000+ for global, perpetual use in a film; rates vary for games.
– - Indie artists: CAD $1,000–$10,000 with more flexible terms.
– - Production music libraries: Subscription or per-track fees, often pre-cleared for all media.
Start clearance negotiations three to six months before your final mix lock to avoid production delays.
Risk Management Tips
- Audit all placeholder tracks used during development; “temp love” can lead to costly last-minute clearances.
– - Obtain written promises from composers that their work is original and sample-free.
– - Track rights in a central spreadsheet—composition, master, term, territory, contact, fee.
– - Store signed agreements in multiple secure locations; distributors will request PDFs during QC.–
Common Pitfalls
- Assuming a performance licence covers sync—different rights, different fees.
– - Believing “fair dealing” lets you use 10 seconds without permission—false.
– - Overlooking localisations—new voice-overs with lyric translations may require lyric approvals.
– - Ignoring moral rights—Canadian creators may object to edits unless they’ve waived integrity rights.
How AMAR-VR LAW Can Help
Our entertainment-and-interactive-media team:
- Conducts rights audits to confirm chain of title.
– - Negotiates sync and master-use licences with publishers, labels, and libraries.
– - Drafts composer agreements containing work-made-for-hire assignments, moral-rights waivers, and indemnities.
– - Advises on SOCAN cue-sheet filings and Re:Sound obligations.
– - Supports dispute resolution when unlicensed music leads to takedown notices or litigation.
We integrate legal clearance into your production timeline, avoiding eleventh-hour scrambles.
Conclusion
Sync licensing is where creative ambition meets legal precision. Whether you’re shipping a triple-A game or premiering at Hot Docs, securing the right music rights—composition and master—will keep distributors happy, regulators silent, and audiences immersed. Start early, negotiate smart, and document everything. Your soundtrack—and your bottom line—depends on it.
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Contact us today for a consultation.
Frequently Asked Questions (FAQs)
- What exactly does a sync licence cover?
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A sync licence allows you to pair a musical composition (lyrics and melody) with visual content like film, TV, or video games. If you’re using an existing recording, you’ll also need a master-use licence for the sound recording.
– - Do I need separate licences for the composition and the recording?
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Yes. The composition (publisher/composer) and the master recording (label/artist) are usually owned by different parties. You need both licences unless you’re creating your own recording.
– - Does Canadian law offer a compulsory licence for sync?
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No. Sync licences in Canada are negotiated directly with rightsholders. There is no collective licensing scheme for sync like there is for performance or mechanical rights.
– - Can I use festival-use licences for general release?
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Festival licences are typically limited in scope. You will need to negotiate expanded licences for wider distribution (VOD, theatrical, streaming, etc.) before release.
– - How early should I start sync licence negotiations?
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Begin negotiations 3–6 months before finalizing your production. Sync licensing is complex, and early clearance prevents expensive delays.