What a licence for a sound recording must include
A licence to use a sound recording – what it must not leave out.
An invalid or incomplete licence will not protect you from penalties.
We know exactly what to check.
What kind of licence this is
A licence to use a sound recording (master) is the contractual consent of the producer of the recording for another person to use it in a certain way – for example, to distribute it on streaming platforms, use it in a music video or in broadcasting. It is therefore a licence for the use of a specific recording – not a licence for the musical work (the composition and lyrics), which is a separate layer of rights.
Two layers of rights – in brief
Every recording carries two independent layers of rights: The rights in the musical work (the author of the composition and lyrics) and the rights in the sound recording (the producer of the recording). One licence does not replace the other – you need both. How licences work in general is explained in the article Licences and licence agreements; the licence for a work is covered in the article What a licence for a work must include.
What a licence to use a sound recording must include
For the licence to be valid and usable in practice, it must clearly set out the elements listed below. Missing or vague terms expose you to the risk that the licence will be challenged.
Identification of the parties
The name of the licensor (the producer of the recording) and of the licensee. For individuals, their first name, surname and address; for companies, their company ID number and registered office.
Identification of the recording
The exact song title, performer, year of recording and duration – ideally also the ISRC code, if there is one. General wording such as “my recordings” is not enough.
Types of use
A list of what you may use the recording for – digital distribution, synchronisation, broadcasting and so on. Anything not expressly stated in the licence is not automatically included, or is governed by the standard rules of the Copyright Act.
Territorial scope
Which territories the licence applies to. For global digital distribution, it must cover the whole world – otherwise there may be gaps for individual countries.
Duration
How long the licence is granted for. If early termination is to be possible, a notice period should also be agreed.
Exclusivity
Whether the licence is exclusive or non-exclusive. Without an express agreement, the law presumes it is non-exclusive.
Fee or free of charge
The amount of the licence fee, or an express agreement that the licence is granted free of charge. Leaving out the fee does not automatically mean the licence is free.
Sublicensing
Whether you may pass the licence on to a third party – for example, to a distribution aggregator. This is not possible without express consent.
Written form – mandatory or just recommended?
The law requires written form only for an exclusive licence and for a licence that is to be entered in the relevant public register (Section 2358(2) of the Civil Code, Act No. 89/2012 Coll.). A non-exclusive licence can, in theory, also be concluded orally or in some other non-written way.
Even so, we strongly recommend written form every time – for a simple reason: Without a written record, the licence cannot be proven in a dispute or when a platform (or we) ask for it. A verbal agreement or a message along the lines of “yeah, go ahead and use it” with no clear terms really is not sufficient proof.
Recommendation
Always conclude a licence in writing, whether it is exclusive or not. The more precisely the terms are described, the better. If you are using backing music from the internet (a beat, an instrumental, a sample pack), you upload the licence as a PDF directly to the recording in the Track origin section – without it, you cannot submit the release for distribution. How to properly prove a licence if we ask you for it is described in the article How to provide proof of a licence.
Legal basis
Relevant provisions
Definition of a sound recording and of the producer of a sound recording – who owns the rights and from when.
Scope of the producer's rights: Reproduction, distribution, communication to the public, rental and lending. Anything not listed here is not automatically covered by the licence.
Duration of the producer's rights: 50 years from the making of the recording, and if it was released during that period, 70 years from its release. The rights are transferable.
General rules on licence agreements in the Civil Code – essential terms, rights and obligations of the parties.
Mandatory written form for an exclusive licence and for a licence entered in a public register.
What does not count as a licence
A screenshot from YouTube, a link to the producer's website, a “free for profit” caption on a video or a general comment that does not specify any terms – all of these are insufficient for distribution purposes. You must be able to produce the licence at any time as a specific, identifiable document.
Note: A licence for the work ≠ a licence for the recording
The author's consent to use the song does not give you the right to use a specific recording – that belongs to the producer of the recording, who may be an entirely different person. For distribution, you need consent from both rights holders.