Why Businesses and Musicians Should Care About Copyright Sync Licensing

French composers Maurice Ravel and Claude Debussy are the most famous composers of impressionist music in the late 19th and early 20th centuries. Ravel’s best-known composition is Bolero, which was commissioned by Ida Rubenstein.

Rubenstein dreamed of being a ballerina, but had no formal ballet training and, by some accounts, little talent. Since she came from a wealthy Russian family, Rubenstein produced her own ballets, in which she danced scantily clad in sexually suggestive scenes.

Bolero premiered at the Paris Opera in 1928 to success that surprised even Ravel, who had predicted that orchestras would not perform it due to its focus on eroticism. A year later, the New York Philharmonic premiered the work in the United States. In 1934, Bolero played a central role in an eponymous movie starring Carole Lombard and George Raft, further cementing Ravel's and the composition's fame.

While Ravel's work continued to be known in classical music circles, his fame in popular culture waned until 1979, when Bolero was used in the seduction scene in “10,” a 1979 romantic comedy starring Dudley Moore and Bo Derek. The film launched Derek’s career and resurrected Ravel’s fame and is estimated to have earned his estate $1 Million due to copyright royalties from synchronization (“sync”) licensing of his song.

This article provides an overview of sync licensing and why it’s important to businesses, individuals, and musicians.

What is Sync?

US copyright law gives copyright owners several exclusive rights, including the rights to reproduce the work and to prepare derivative works. When a musical composition is paired (or synchronized) with visual media, such as in a film, television show, commercial, or other video, a derivative work is created, and a “sync” license from the owner of the musical composition is necessary.

A sync license covers only the musical composition. Sync licenses don’t cover specific recordings of the composition (called sound recordings under copyright law). Someone who uses a specific sound recording needs an additional license, which is beyond the scope of this article. Since the sync license is separate from the license to use a sound recording, a sync license is required even if someone creates their own sound recording for their video.

Why Businesses Need to Pay Attention to Sync Licensing

At one time, sync licensing was primarily a concern for advertising agencies and movie producers who were melding video and music. However, with the development of social media and now that everyone has a video camera on their phone, small business owners, property managers, nonprofits, and senior housing activities directors all need to be aware of sync licensing requirements.

Even if the company pays a performing rights organization (PRO) for a performing license, they will also need a sync license from the owner of the musical composition copyright. A license is required for the song, even if the video is short or seems informal. Without the proper sync license, the business may face a takedown notice or even a legal claim for copyright infringement.

Video taken at a company event of a presentation with music playing (and in particular, posting or sharing that video on social media) creates a potential sync licensing requirement. If a song is being used in timed relation to the visual content, even if it was just captured incidentally, a sync license may be necessary.

Sync licenses are required in many situations that might not be obvious to a business owner. A gym that uploads clips of a group workout class where music is heard throughout likely will need a sync license. A restaurant that posts a video of a holiday dinner with festive music playing also may require a sync license. Even an individual aerobics instructor who creates a montage video of one of their classes with music playing needs to think about obtaining a sync licensing before posting on social media.

Businesses also should pay attention to their marketing contracts and their marketing company’s practices. Marketing contracts should specify which party must obtain any licenses. If an outside firm produces a promotional video that includes background music, the business may be held responsible if the agency didn't obtain a sync license. Similarly, third-party user-generated content that is reposted to a company’s social media page by staff can bring risk if the original video includes music that wasn’t licensed.

Why Sync is Important to Composers and Songwriters

The value of sync to composers and songwriters shouldn’t be underestimated. Sync licensing from “10” catapulted Ravel to fame and is estimated to have earned him $1 Million due to copyright royalties from synchronization (“sync”) licensing of that song alone. That doesn’t take into consideration additional royalties generated by renewed interest in Ravel’s work.

Ravel’s situation isn’t unique. Many well-known musicians’ careers were launched due to sync. Lizzo’s breakout story is a perfect example of how sync can boost an artist from the shadows to superstardom. Her 2017 single “Truth Hurts” went largely unnoticed upon its release for two years until it was featured in the Netflix romantic comedy Someone Great. This placement triggered a viral wave across platforms like TikTok, where users began incorporating Lizzo's song into memes, lip-syncs, and empowerment challenges. Two years after its release, "Truth Hurts" climbed the charts, eventually reaching number one on the Billboard Hot 100 and was nominated for the 2019 Song of the Summer.

Billie Eilish's ascent to fame also illustrates how strategic sync exposure can both drive and sustain an artist’s career. Although Eilish gained some exposure through SoundCloud, her turning point came when the song “Bored” appeared on the 2017 soundtrack for Netflix’s 13 Reasons Why. She then recorded "When I Was Older" for the 2018 Academy Award-winning drama Roma. This early exposure bolstered her subsequent success, including the chart-dominating 2019 album When We All Fall Asleep, Where Do We Go? Sync also has supported Eilish's continued success. She recorded the title track for the James Bond movie "No Time to Die" and "What Was I Made For" for the 2023 blockbuster Barbie movie, both of which earned her a Grammy and both Academy and Golden Globe awards.

Business Best Practices

Businesses should include sync licensing as a step in their content creation process. Whether the music is live, pre-recorded, or added during editing, using it with video implicates sync rights for the copyright owner. The exception is for music that is in the public domain, which might explain why classical music by Bach, Mozart, and other composers who died more than 70 years ago is frequently used in sync situations.

Businesses also should be aware that sync licenses only cover use of the musical composition. They don’t cover the sound recording of the music, even if the underlying music is in the public domain. Having a subscription from a streaming service or even paying royalties to a Performance Rights Organization doesn’t entitle someone to use a sound recording for sync. So, if a business plans to use a specific recording of the song, it will need an additional license from the owner of the copyright in the sound recording.

Posting video and hoping not to get caught isn’t a viable business strategy. Failure to obtain the required licenses can result in muted audio or blocked content on social media platforms, which dilute the business’ content. Beyond that, failure to obtain required licenses also can be costly, result in legal claims, and harm a business’ reputation. Further, with the increased use of AI and music licensing tracking in metadata, unlicensed use of music and sound recordings can be identified quickly.

Finally, as illustrated by Ravel's, Lizzo's, and Billie Eilish's stories, composers and songwriters rely on royalties for their livelihood. Business owners and individuals alike should remember that using music for sync without paying a license isn’t a victimless act. Every time they use music by permission, they are taking potential income away from musicians or their families. 

© 2025 by Elizabeth A. Whitman

Any references to clients and their legal situations have been modified to protect client confidentiality.

DISCLAIMER: The content of this blog is for informational purposes only and does not provide legal advice to any person. No one should take any action regarding the information in this blog without first seeking the advice of an attorney. Neither reading this blog nor communication with Whitman Legal Solutions, LLC or Elizabeth A. Whitman creates an attorney-client relationship. No attorney-client relationship will exist with Whitman Legal Solutions, LLC or any attorney affiliated with it unless a written contract is signed by all parties.