When someone asks to license a song you control, it can feel a little overwhelming if you’ve never handled it before. But it doesn’t have to be complicated. Here’s a simple step-by-step guide for how to license a song when someone wants to use it.
1. Confirm you have the right to license it
First, make sure you have the authority to say “yes.”
There are usually two separate rights to think about:
- The master recording: the specific recorded version of the song.
- The publishing: the underlying composition, meaning the music and lyrics.
You may control one, both or neither. If you only control the master, the person requesting the license may also need permission from whoever controls the publishing. You can let them handle that part or help coordinate it.
If you control both the master and publishing, you may hear the song described as one-stop. That simply means one party can clear both sides of the song, which makes life easier for everyone.
If you need a broader explanation of what rights a songwriter actually controls, our guide to the six exclusive rights of a songwriter is a good place to start.
2. Gather information about the request
Before you can quote a fee or move forward, you need to understand what they’re asking for.
Ask questions like:
- Who is requesting the license?
- What are they using the song for: a film, TV show, YouTube video, podcast, ad or something else?
- Which recording do they want to use?
- How will the song be used: background music, opening theme, featured performance or something else?
- How much of the song will they use?
- How long do they want the license?
- Where will the project be distributed?
- Which media will the license cover?
- Do they want the rights exclusively?
- What budget do they have in mind?
The term is how long the license lasts. If someone asks for rights in perpetuity, they mean forever.
The territory tells you where the use is allowed, such as the U.S., North America or worldwide. Media describes where the project can appear, such as television, theatrical films, streaming services, social media or advertising.
Getting clear answers early helps avoid miscommunication later.
3. Negotiate the terms
There is no universal rate card for music licensing. What a license is worth depends on the song, the project, the rights being requested and what the opportunity is worth to you.
Things you might negotiate include:
- License fee: what they will pay for permission to use the music
- Scope of use: exactly what rights you’re granting and where they can use them
- Term: how long they can use the song
- Territory: where they can use it
- Exclusivity: whether the agreement limits your ability to license the song somewhere else
- Credit: whether and how the artist, songwriter or song should be identified
Each situation is a little different. You’re weighing what you’re giving up against what you’re getting in return.
And remember, a placement can have value beyond the fee. But “exposure” is not automatically a substitute for money. You still have to decide whether the overall opportunity makes sense.
4. Put the license in writing
Once you agree on the terms, get them in writing.
A basic license agreement should clearly state:
- who is granting the rights and who is receiving them
- which song and recording are covered
- what rights are being granted
- how the music can be used
- the term and territory
- the fee and payment terms
- any restrictions or conditions
- any required credit
If the requester already has an agreement drafted, that’s usually the best place to start. Read it carefully before signing it. Make sure the agreement says what you actually agreed to and doesn’t quietly grant more rights than you intended.
If the deal is valuable, complicated or gives you language you don’t understand, this is a very reasonable time to have a music attorney look at it.
5. Invoice and deliver
Once the agreement is signed, send an invoice according to the payment terms you negotiated.
Then provide whatever files the agreement requires. That may be a WAV file, instrumental, clean version, stems or something else depending on the project.
Stems are separate audio files containing individual parts or groups of parts from a recording, such as vocals, drums or instruments. Don’t automatically send everything you have just because someone asked to license the song. Deliver what the deal actually requires.
At minimum, I generally want the agreement signed before handing over final assets unless there is a good reason to do otherwise.
6. Keep good records
Make sure you save:
- a signed copy of the agreement
- the invoice and proof of payment
- the files you delivered
- any important communication related to the deal
Also, log the license internally. If somebody asks to license the same song later, you need to know what rights you’ve already granted so you don’t accidentally create a conflict.
What kind of license do they need?
If someone wants to put music together with visual content, such as a film, TV show, commercial, video game or YouTube video, that is generally called synchronization, or sync.
A sync license gives permission to use the underlying composition with the visuals.
If they also want to use your existing recording of the song, they generally need permission to use the master recording too. That permission is commonly called a master use license.
So if you control both the publishing and the master, you may be able to grant both rights in the same deal.
If they are recording their own version instead of using your recording, they may not need rights to your master at all. They can still need permission involving the composition, depending on what they are doing with it.
Audio-only uses are different too. Don’t assume that anything without a picture is simply a master use license. Reproduction, distribution and public performance rights can all come into play depending on the use.
Bottom line
Every licensing opportunity is a business decision. First, figure out exactly what they want. Then make sure you control the rights, agree on clear terms, get everything in writing and keep good records.
After that, if the deal makes sense for you and your artist, go for it.
This is a practical overview of music licensing, not legal advice. Rights ownership and licensing can get complicated quickly, especially when multiple writers, publishers, labels or recordings are involved. When in doubt, talk to a qualified music attorney.
