A master use license is permission from the owner of a sound recording to use that exact recording in your own project. You need one whenever you use an existing record in a sample, a film or ad, a game, or a compilation. It covers only the recording, so it always has to be paired with a license for the song underneath.
What a master use license covers
Every recorded track contains two copyrights: the sound recording and the musical composition. The U.S. Copyright Office treats them as two separate works (Circular 56A).
A master use license deals only with the recording. It lets you copy and use a specific performance, captured on a specific date, by specific performers and producers. It does not give you any rights in the melody, lyrics or arrangement of the song. Those belong to the songwriters and publishers.
In the EU, the same right is often called the phonogram producer's right. In Germany it is a neighboring right (Leistungsschutzrecht) of the record producer.
When you need one
You need a master use license any time you use the original audio of someone else's recording. Common cases:
Sampling
If you copy part of an existing record into your track, you are using the master. The EU's highest court held that a record producer can stop even a very short sample, unless it is modified so that it is unrecognizable to the ear (Pelham, C-476/17). US courts are split on very small samples, so most producers clear anything recognizable.
Sync (film, TV, ads, games, online video)
Putting an existing recording into visual media needs a master use license from the recording owner plus a synchronization license from the publisher. The U.S. Copyright Office notes that audiovisual uses have traditionally required sync licenses negotiated in the free market, with no compulsory license (Copyright and the Music Marketplace).
Compilations
Releasing a playlist album, a DJ mix for sale or a themed compilation means reproducing other people's masters. You need a master use license from each recording owner, plus a mechanical license for each composition.
Other uses
Trailers, podcasts that use commercial tracks, live event videos, apps and in-store media can all involve the master. If the original recording is audible, assume you need permission.
When you do not need one
- Covers. If you record the song yourself, you are not using the original master. You still need the composition license. In the US, a mechanical license for an audio cover is available under Section 115 (17 U.S.C. § 115). For video, you need a sync license from the publisher.
- Interpolations. Replaying a melody or lyric instead of copying the audio needs composition clearance only.
- Sound-alikes. US law states that a recording made of entirely independent sounds does not infringe the sound recording copyright, even if it imitates the original (17 U.S.C. § 114(b)). The composition can still be infringed, and imitating a famous artist's voice can raise other legal issues.
Who grants a master use license
The owner of the master grants it, or someone they have authorized.
- Record labels. The most common owner. Larger labels often have dedicated licensing teams.
- Independent artists. If you self-funded and self-released, you probably control your own masters.
- Licensees and catalog owners. Masters are often sold or licensed to other companies, sometimes only for certain countries.
- Authorized agents. Production libraries, licensing agencies and platforms may grant licenses on the owner's behalf.
The name on an old release may not be the current owner. Use the ℗ line, the ISRC registrant (IFPI) and direct confirmation from the owner to check who controls the master today.
Always paired with a composition license
A master use license on its own is never enough. The song inside the recording has its own owners.
| Use | Master side | Composition side |
|---|---|---|
| Sample | Master use license | Sample or composition license |
| Film, TV, ad, game | Master use license | Sync license |
| Compilation release | Master use license | Mechanical license |
Each side can say yes or no independently. A deal is only complete when both are signed. Ask both sides early, because one refusal ends the use.
Common terms in a master use license
Master use licenses are negotiated contracts. The exact wording varies, but these terms appear in most of them.
Territory
Where you may use the recording. It can be worldwide or limited to specific countries. A license for Germany only does not let you release in the US.
Term
How long the license lasts. Some licenses run for a fixed period. Others last for the life of a specific product, such as a film. Check what happens to your project when the term ends.
Media and formats
Which channels are covered: streaming, download, physical, broadcast TV, cinema, online video, social media, in-game, paid ads. Unlisted media are usually not licensed.
Scope of use
The exact portion of the recording, its length, and how it may be edited. A license for a 30-second excerpt in a trailer does not cover a full-length use in an ad.
Exclusivity
Most licenses are non-exclusive, so the owner can license the same recording to others. Exclusivity, if granted, is usually limited by category, territory or time and tends to cost more.
Fee and payment
The fee can be a one-time flat fee, a royalty on sales or streams, an advance against royalties, or a mix. There is no standard rate. Price depends on the recording, the use, the territory, the term and exclusivity.
Credit
How the recording, artist and label must be credited, and where.
Warranties and approvals
The owner usually confirms they control the rights they are licensing. Some owners also require approval of the final edit or restrict uses near sensitive topics. Some sync deals include a most-favored-nations clause, which ties one side's fee to what the other side receives.
How to request a master use license
Owners answer faster when your request is complete. Include:
- Who you are and the company producing the project.
- The recording: title, artist, release, and ISRC if you have it.
- The exact portion and length you want to use.
- How it will be used: background, featured, opening titles, sample in a new track.
- Media, territory and term you need.
- Whether you are asking for exclusivity.
- Your timeline and, if you have one, your budget.
- A link to the project or a rough cut, if you can share it.
Send a matching request to the publisher or publishers for the composition. Get both licenses signed before the project goes public.
What happens if you skip it
Using a master without a license is infringement. Owners can send takedown notices, file lawsuits, or use YouTube's Content ID to block, monetize or track videos that contain their recordings (YouTube Help). Fixing it after release is usually slower and more expensive than clearing first.
Key terms
- Master: the specific sound recording.
- Master use license: permission to use that recording.
- Sync license: permission to use the composition with visuals.
- Mechanical license: permission to reproduce the composition in audio form.
- Neighboring rights: related rights of performers and record producers, collected in Germany by GVL (miz.org).
Getting a master use license
Clearhly is a marketplace where verified rights-holder businesses list music they control. Licensees send a license request, negotiate terms, e-sign the license and pay through Stripe on the platform. The rights holder confirms, for every listing and share, that they own or control the rights they grant, and your license is a contract directly between you and the rights holder. A license covering both the master and the composition owners covers your use. The full legal terms are in the Terms of Service. The platform is currently in private beta.
Frequently asked questions
What is a master use license?
It is permission from the owner of a sound recording to use that specific recording in your project, such as a film, ad, game, sample or compilation. It covers the recording only, not the song underneath it.
Who grants a master use license?
The owner of the master recording, which is usually a record label. For self-released music it is often the artist or their own company.
What is the difference between a sync license and a master use license?
A sync license covers the composition (the song) when it is paired with visuals and comes from the publisher. A master use license covers the specific recording and comes from the master owner, and most projects using an existing track need both.
Do I need a master use license for a cover song?
No. A cover is your own new recording, so you do not use anyone's master. You still need a license for the composition, such as a mechanical license for audio or a sync license for video.
How much does a master use license cost?
There is no set price. Fees are negotiated and depend on the recording, how and where it is used, the length of the term, the territory and whether the license is exclusive.
Can I get a master use license without contacting the label?
Only if someone else is authorized to license the recording, such as a distributor, library or platform acting for the owner. Check that the party you deal with actually controls the master for your use and territory.
Related
Sources
- U.S. Copyright Office, Circular 56A: Copyright Registration of Musical Compositions and Sound Recordings
- U.S. Copyright Office, Copyright and the Music Marketplace (2015)
- 17 U.S. Code § 114, Scope of exclusive rights in sound recordings
- 17 U.S. Code § 115, Compulsory license for making and distributing phonorecords
- CJEU Case C-476/17, Pelham GmbH v Hütter (2019), summary by EU Agency for Fundamental Rights
- miz.org (Deutsches Musikinformationszentrum), GVL profile
- IFPI, International Standard Recording Code (ISRC)
- YouTube Help, Learn about Content ID claims
This guide is general information about music licensing, not legal advice for your specific case.