From time to time we get requests from interested people to add their own composed melody to a track from the Proud Music Library. That means, that the own melody is added as an overlay to the existing music. Some people also want to use an instrumental track as background music and then sing their own melody over it.
Allowed? Not allowed?
The use of a track for the above described use is allowed if the merged work is only used privately. Private means “in your own four walls”. Private publication is not possible. Anything that is published is no longer private. This also applies if you upload a video to e.g. Youtube or Vimeo and a) offer it there for public viewing or b) not list the video. Anyone who knows the link can pass it on or link to it, in short: distribute it. Therefore, lit. b) is strictly speaking also public and therefore not allowed for the time being.
Merged work (Music+New melody)
Now you could get the idea to buy a license and then it would be allowed to publish the merged work (track from the library + own melody). Unfortunately this is not so easy, because the Proud Music Library is not allowed to grant the right to do so. The permission for this is always given by the authors (creators) of the respective track or music title themselves. For this purpose, a separate contract must be concluded with the authors, since the new merged work is a new work, since the melody now has its own copyright, so that in connection with the music a co-authorship of the new work has arisen.
However, the solo must have a so-called creation level, otherwise “merely” a performance protection right has arisen. But also here you need the permission of the authors (creators) for the case you want to publish the new track.
In contrast: Composite work
With film works it is different. Here Proud Music grants a sync right. Here, permission is granted to combine the work [FILM] with the work [MUSIC] (more precisely: sound recording) in order to produce a new work (FILM plus MUSIC).
If you have any questions about licensing via Proud Music Library, just give us a call: +49 6132 43 088 30
At the moment we are experiencing a whole new era in Production Music. Twenty years ago, pre-cleared licenses had their main market in providing music for commercials broadcast almost exclusively on TV or in the cinema.
The unstoppable change
Today, the focus has shifted dramatically to online usage in recent years.This does not include missions in short commercials, such as pre-, mid- or post-rolls. Especially viral videos make up the bulk here. Content marketing in the form of small video clips still needs (fortunately, ;-)) music as a important background element.
The license ‘Online advertising’ makes it possible for everyone
Therefore, we have developed the license ‘Online Advertising’, which allows the following uses:
Use of a song in one (1) social media video
Unlimited Time, wordwide
Applies to all social media platforms, including Facebook, Instagram, Youtube, Vimeo, etc.
The own website is of course not excluded.
Only additional uses (e.g., in-stream advertising as post-, mid-, or pre-rolls) or infomercials are not covered by this license.
Archive music is also known as stock music or production music. For further questions on the subject it is best if you write us at [email protected].
You can buy the license as a producer for your customer (invoice goes to you) and instruct us to register directly your customers as licensees in the license (the rights go to your customer). Or you can become licensee yourself (invoice and rights go to you).
The concept film production rights is also known as (a work’s) synchronization rights, that is, a right to associate works from different genres, here: a form of projection, such as films + musical works in the form of recordings, or rather, sound recordings. In this way, a new work is created. For this purpose, the film producer must concede the available rights, so the music can be used in the film. The film production rights are granted in our case by The Proud Music Library, as long as the authors commissioned their exploitation.
Yes, the use of a music title from the Proud Music Library in a promotional video that would be uploaded to Facebook is allowed. It makes no difference whether the video is uploaded to a video portal and then, eventually to Facebook, or whether the video is directly uploaded to said social network. Facebook is treated by us just like all other social networks: as a video portal. It is merely important that the advertising link from the promotional video license (so called pre-, mid-, and post rolls) are excluded. The license, however, has not time limitation and is always valid for one spot and one language version.
Sync rights refer to the license provided in order to be able to synchronize music to a video, film, commercial, or the like. In this way, a song can be paired with the particular genre without limitations for the licensing period without having to pay for performing rights. In order to be able to combine the two, it is also necessary to acquire proper permission, the film manufacturing rights, for example.
At Proud Music, we have cleared synchronization rights with our authors, so our clients may obtain the license of a title online from our library easily, without having to pay for expensive manufacturing rights.
The Proud Music Library offers music titles for its use in commercials, such as, for example, in promotional films. A commercial is usually, in a nutshell, a promotional production that advertises a product or service. The target is the end user. This happens generally through media such as TV, radio, websites, and mobile phones, commercial spots on DVD or the like. Data carriers are rarely found.
commercial music library
In this respect, licensing for the use of music titles from the Proud Music Library is paid in lump sum. This means that the use does not depend on the frequency with which a spot is projected or on its length. There are standardized commercial licenses (for example, for TV or online advertising), which limit the use to one year. The Proud Music Library also offers the so called “buyout” licenses. Just send an individual license request indicating the area of use (worldwide, across Europe, or individual territories), the period of use (one or 2 years), and the degree of dissemination or type of use (TV, Websites, third party site, etc.). License combinations are also possible, which, for example, include only TV/radio, TV/Internet, or Internet/radio.
completely royalty free music means free music for commercial us?
With the use of so called “completely royalty free music” from the Proud Music library there are no charges to pay to any collecting society like ASCAP, BMI, PRS, GEMA, etc.. It means not music for free or gratis music. This is valid also in the case of buyout licenses for royalty-free music! Should the commercial spot be inserted on TV and radio, there would be likewise no charges for the repertoire, as long as the TV or radio station has a flat rate contract with a collecting society. This also proceeds in the case of cinema advertising, depending on whether the movie theater operator also has, in this case, a flat rate contract with a collecting society.
The standard license from our Proud Music Library makes possible the use of music in educational videos as well. This includes the manufacturing rights. It also comprises up to 1000 units of video duplicates. The license is from a temporal and spatial point of view unlimited and is valid for music that doesn’t require, as well as for music that requires copyright.
Yes. The standard license is tied to the use. Under use we differentiate – except for the limit of 1000 copies – the type of use, and not volume. That means that if the music is inserted in a Image Film, it does not matter whether the film is shown at a fair or streamed on the Internet, be it on its own website or that of a third party such as YouTube, Vimeo, or Facebook.
It does make a difference, though, if the film is inserted with commercial purposes. In this context commercial means “to promote the sales of a product (good or service).” The corporate film does not usually have the sales of a product in mind, but rather serves to improve the image of the company. The fact that in this context of the film the company products can be shown is self-evident. But the film’s purpose is not commercial use, as for example, a TV spot. Image spots are an exception. An image spot is an Image Film in the style of a commercial spot, which serves primarily to strengthen a brand. The focus of an image spot is not the company itself; rather the brand is positively emotionally charged through the film/spot. The company’s products may be advertised better through the upload, since the brand already conveys a positive image.
As in the case of the American ASCAP or the Canadian SOCAN, a performance rights organization is responsible of administering and protecting the rights of all composers, performers, songwriters, lyricists, and music publishers from all walks of life. How do they do this? They do it by collecting licensing fees from people who want to perform the music of a particular artist publicly. In other words, the organization collects royalties on behalf of its members. The members of these organizations make a living by doing one or more of the aforementioned. Even though the main purpose is to collect licensing fees, these organizations may also offer workshops and health and instrument insurance.