Question 1

What are synchronization permissions?

Accepted Answer

Synchronization permissions allow content creators to reproduce copyrighted musical works in audio-visual recordings, such as a video of a graduation, birthday, wedding, or funeral, or within memorial or other commemorative videos.
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Sync licensing is required for the creation of DVDs and digital downloads, rebroadcasts, and on-demand streaming. Sync licensing is not required for live streams or broadcasts occurring in real time. However, public performance licensing is needed for both live streams and on-demand streaming. Many streaming platforms have already obtained public performance licensing. Organizations and individuals that directly upload videos to their own website, rather than embedding videos first posted to YouTube or Facebook, should confirm whether additional public performance licensing is required for their website.

Question 2

Do streaming websites allow content creators to include copyrighted music in videos?

Accepted Answer

No. It's a common misconception that streaming platforms allow content creators to use copyrighted music in their videos. Streaming platforms, like Google (YouTube), Meta (Facebook and Instagram), Vimeo, and TikTok do not grant content creators the right to stream videos containing copyrighted musical works, exposing individuals and organizations to copyright infringement claims absent synchronization permission:

• Facebook, Music Guidelines:(https://www.facebook.com/legal/music_guidelines) "[Y]ou remain solely responsible for the content that you post, including any music that is featured in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products."

• YouTube Support, YouTube Help:(https://support.google.com/youtube/answer/2797449?hl=en&ref_topic=2778546#zippy=%2Chow-do-i-get-permission-to-use-someone-elses-content-in-my-video) "If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first. YouTube can't grant you these rights and we  can't help you find the parties who can grant them to you."

• Vimeo, Using Music in Your Vimeo OTT Videos:(https://help.vimeo.com/hc/en-us/articles/12427669960593-Using-Music-in-Your-Vimeo-OTT-Videos) "[A]s the video creator, you are responsible for securing the rights to use third party works such as a particular piece of music in your video on Vimeo OTT."

• TikTok, Terms of Service:(https://www.tiktok.com/legal/page/us/terms-of-service/en) "If you only own the rights in  and to a sound recording, but not to the underlying musical works embodied  in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the services."​

Why is this a common misconception? Many streaming platforms have entered into agreements with rights holders that protect the streaming platforms from litigation in exchange for monetary payments. For example, YouTube uses Content ID (https://support.google.com/youtube/answer/2620262)to identify copyrighted music in a video and permit rights holders to monetize (by adding advertisements) or takedown that video. However, content creators may still be pursued for copyright infringement for creating and uploading videos that contain copyrighted musical works.

Question 3

Are public performance and synchronization licenses the same?

Accepted Answer

No. Public performance licensing permits the public performance of copyrighted musical works. A public performance can take different forms, including live and in-person ensemble performances, playing music via a PA system, and streaming music to the public live and on-demand. In each of these cases, public performance licensing is required.
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Organizations that issue public performance licenses are called "performing rights organizations" or "PROs." In the United States, PROs include ASCAP, BMI, SESAC, and GMR, as well as public performance licensing resellers like CCLI and NFDA. Although rare, some songwriters and music publishers choose not to join a PRO and issue public performance licensing directly to the public.

Public performance licensing (whether obtained from PROs or directly from songwriters and music publishers) is not the same as sync licensing. Sync licensing permits the reproduction of a copyrighted musical work within an audio-visual recording. Sync licensing is required for DVDs, MP4 digital downloads, film and television shows, and on-demand streaming. Although sync licensing is not required for in real time live streaming, public performance licensing is required for both in real time live streaming and on-demand streaming.

​​Public performance licenses from ASCAP, BMI, SESAC, GMR, CCLI, and NFDA might already include public performance licensing for on-demand streaming of audio-visual recordings featuring copyrighted music. Be sure to check your public performance licensing terms to see if you will require public performance licensing in addition to sync licensing for on-demand streaming of life event videos.

Question 4

Do I need synchronization licensing if I have a Music Only or Music Webcasting License from the NFDA?

Accepted Answer

Yes. The NFDA’s Music Webcasting and Music Only Licenses (https://nfda.org/resources/compliance-legal/other-compliance/music-license-offering-questions-answers)only allow you and your client families to publicly perform copyrighted music at your facility or via your website: they do not permit the creation of videos featuring copyrighted musical works. The right to publicly perform music and the right to reproduce music in videos are separate and distinct copyrights under federal law.

Question 5

Do I need synchronization licensing for "archival" videos?

Accepted Answer

Yes. Under the US Copyright Act, copyright owners have the exclusive right to reproduce and recast their copyrighted musical works in videos.

The US Copyright Act creates an exemption known as the "archival exemption.(https://www.law.cornell.edu/uscode/text/17/108)" This exemption permits the reproduction and distribution of certain copyrighted works by libraries and archives without the copyright owner's permission for the purposes of preservation, replacement, and research. The exemption only applies to libraries, archives, and their employees acting within the scope of employment. It does not permit, for example, a library user to photocopy materials without permission. Likewise, it is limited to the reproduction and distribution of literary and dramatic works, and does not generally apply to musical works, pictorial, graphic, or sculptural works, or to motion pictures or other audio-visual works. There are several additional requirements, including that copying must be done without a commercial advantage, the library or archive must open its collections to the public, and no more than one copy can be made.

In sum, the archival exemption does not apply to the video recording and on-demand streaming of life event videos for "archival" purposes.

Question 6

Do I still need synchronization licensing if I only post tribute and funeral videos on social media?

Accepted Answer

Yes. It's a common misconception that streaming platforms allow content creators to use copyrighted music in their videos. Streaming platforms, like Google (YouTube), Meta (Facebook and Instagram), and TikTok do not grant content creators the right to stream videos of their musical performances, exposing content creators to copyright infringement claims absent synchronization permission.

Question 7

Do I need synchronization licensing if I only post tribute and funeral videos on my website for archival purposes?

Accepted Answer

Yes, you still need to obtain synchronization licensing. The federal archive exemption does not apply to funeral or memorial homes or memorial or funeral service videos. The exemption only applies to libraries, archives, and their employees and does not generally apply to musical works, pictorial, graphic, or sculptural works, or to motion pictures or other audio-visual works.

Question 8

Is there a religious exemption that allows music to be included in tribute and funeral videos without a music license?

Accepted Answer

No. There is no religious exemption for the reproduction of copyrighted music in videos.

Question 9

What are the penalties for copyright infringement?

Accepted Answer

Under the United States Copyright Act of 1976, Section 504(c), the penalties for using copyrighted musical works in videos without synchronization licensing include actual damages, as well as statutory damages ranging from $750 to $150,000 per musical work. In addition, a copyright infringer might be ordered to pay the copyright owner's legal fees and costs.

In one case, a jury awarded songwriters actual damages of $100,000 for each musical work used in a video without synchronization licensing, and an additional $120,000 in statutory damages for each work. In total, the jury awarded the songwriters $1,200,000 in statutory and actual damages for copyright infringement.

Question 10

How do I register for liSynce as a funeral or memorial home?

Accepted Answer

You can register for liSynce by using the following steps:

1. Select “Login” from the top liSynce website menu (circled in red below).

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2. Select “Create Account” from the Login page (circled in red below).

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3. Click the Select Licensing Type dropdown menu and click “Life Event Video Licensing” (circled in red below).

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4. Click the Event Type dropdown menu and click “Memorial / Funeral” (circled in red below).

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5. Complete all information contained in the form fields. Please do not forget to:

a. Provide your website URL. The URL must start with http:// or https://

b. Indicate whether your billing address is the same as your funeral home address using the “Billing address same as Licensee Address” checkbox

c. Use the “+Add Location” button to indicate whether you operate more than one location. You can click the “+Add Location” button as many times as necessary to ensure you provide all location information

d. Indicate whether you are a member of a FAMIC organization by using the “I am a member of FAMIC (check all that apply)” checkbox

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PLEASE NOTE: YOUR ACCOUNT WILL AUTOMATICALLY BE CREATED ONCE YOU COMPLETE THE FORM AND CLICK “CREATE ACCOUNT.” IF YOU NEED TO STOP THE REGISTRATION PROCESS FOR ANY REASON, YOU CAN RETURN TO THE LOGIN PAGE AT A LATER TIME AND ENTER YOUR EMAIL AND PASSWORD. YOU WILL AUTOMATICALLY BE REDIRECTED TO WHERE YOU LEFT OFF IN THE REGISTRATION PROCESS.

6. Review your liSynce Agreement by scrolling through the displayed document. Please ensure that all information is correct. Once you are satisfied that all information in the liSynce Agreement is correct, you must:

a. Check that you have read and understood the terms and conditions of the License Agreement by checking “I have read and understood the terms and conditions of the License Agreement.”

b. Check that you consent to the ESIGN Act disclosure by checking “I consent to the ESIGN Act disclosure.” You can read and access the disclosure by clicking the “ESIGN Act disclosure” link.

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7. To sign your liSynce Agreement, click and drag your mouse in the signature space. Use your mouse like a pen. If you are unsatisfied with the appearance of your signature, click the “Clear Signature” button below the signature box. Click “Sign Document” when finished.

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PLEASE NOTE: ONCE YOU CLICK “SIGN DOCUMENT,” A COPY OF YOUR SIGNED LISYNCE AGREEMENT WILL AUTOMATICALLY DOWNLOAD TO YOUR COMPUTER’S DEFAULT DOWNLOAD FOLDER (E.G., “DOWNLOADS”). YOUR LISYNCE AGREEMENT CAN BE ACCESSED AT ANY TIME FROM YOUR LISYNCE ACCOUNT.

8. Next, please review your Payment Summary and submit your payment details. If your Billing Address is different from your funeral home address, please update your Billing Address details by clicking the “Billing address same as Licensee Address” checkbox.

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PLEASE NOTE: ONCE YOU HAVE FINISHED ENTERING YOUR PAYMENT DETAILS AND CLICK “SUBMIT PAYMENT,” YOU WILL BE AUTOMATICALLY LOGGED INTO YOUR LISYNCE ACCOUNT HOMEPAGE AND YOUR REGISTRATION PROCESS IS COMPLETED.

Question 11

How do I report videos and music use as a funeral or memorial home?

Accepted Answer

To report videos and music use as a funeral or memorial home, follow these steps:

1. Select “Login” from the top liSynce website menu (circled in red below).

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2. Use the email and password associated with your liSynce account to login. If you have not registered for liSynce, please use these steps t(https://www.lisynce.com/life-event-faqs?questionId=86d471ae-e6eb-48e7-8c89-f0bb5313e067&appDefId=14c92d28-031e-7910-c9a8-a670011e062d)o register and create your online liSynce account.

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3. Once logged in, select the green "Add Video" button from the left-side menu (circled in red below).

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4. Click the organization dropdown menu and select your funeral home.

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5. Next, click the location dropdown menu and select the correct reporting location. Note: if you only registered one location with liSynce, you will only see one location to choose from.

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6. After selecting your organization and reporting location from the dropdown menus, click the red "Next" button.

7. Confirm that the organization and reporting location details are correct and then click the red "Next button."

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8. Use the search boxes to search for the music used in the video you are reporting. To add a song, use your mouse to hover over the correct song and click.

Note: due to the large catalog of works, it best to search using the song title and the last name of one of the composers (or the name of the performing artist). You can add as many songs to the video you are reporting as necessary. If you add a song by mistake, you can click the red "Remove" button (circled in red below).

If you have trouble locating a song, please contact us at info@tresonamultimedia.com. (info@tresonamultimedia.com.)

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9. Once you are done selecting the songs that are used in the video you are reporting, click the red "Next" button. You will now be taken to the video details portion of the report.

10. Enter the title of the vide (e.g., John Doe Funeral Service or Jane Doe Tribute Video). You can provide a brief description of the video if desired.

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11. If the tribute or funeral service video is published online, use the green "Add" button (circled in red below) to provide the publication information.

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12. After clicking "Add," use the dropdown menu to select the location where the video can be accessed (e.g., Facebook, YouTube, Instagram, TikTok, or other site). If the video has been published on multiple platforms, you will be able to use the "Add" feature to add the additional platforms on which the video has been published after completing the information for the first location.

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13. Provide the video link and upload date, then click the green "Save" button (circled in red below). If you saved a video by mistake, you can click the red "X" button to remove the video from the report.

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14. Once you are satisfied that the details of the video and music used are correct, click the red "Complete" button. The video will then appear in the home page of your account.

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15. If you need to later edit a reported video, click the blue "Edit" button on the reported video from your homepage (circled in red below).

Question 12

How do I make changes to my liSynce account as a funeral or memorial home?

Accepted Answer

In order to make changes to your account, including (a) changes to your funeral or memorial home name, location, or website information, (b) billing information, or (c) cancellation or termination, please contact us at info@tresonamultimedia.com. (info@tresonamultimedia.com.)