Music Licensing

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Authored by Scott Sellwood

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Course Code: OMBUS-496

Next semester
starts Jan 12, 2026

12 Weeks

Level 4

Level 4

3-Credit Tuition

$1,575

Music licensing powers everything from digital download stores, to live performance, to music across mixed media. Through licensing, artists have made $10K on Twitter in one night, transformed albums into mobile applications, reached more than 100 million listeners every day, and worked to collect every dime owed to them. Music Licensing sheds light on the nuts-and-bolts behind music monetization and how music licensing is the touchpoint to generating revenue for artists, songwriters, labels, and music publishers. This course is designed for people who own or manage music copyrights, master recordings or underlying compositions and who wish to exploit those copyrights for financial gain. 

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You will obtain a conceptual understanding of basic licensing terms, opportunities, and strategies and apply that knowledge to monetizing your own creative intellectual property (IP). You will also learn important background details about rights licensing history, in addition to how to navigate complex industry statutes and apply practical business techniques.

Music Licensing will include a mix of several real-life examples and hypothetical situations, in-depth explanations, and review of agreements, alongside a wide array of exclusive video interviews with music supervisors, licensing society speakers, and experts in the publishing world. Successfully completing the course will enable you to monetize your creative IP across various music licensing uses, whether you are a songwriter, artist, record label, or publisher. You will know how to register your works with relevant performing rights organizations, understand the differences between master/publishing revenue streams, identify opportunities to create new avenues for placement, and use online resources to introduce your music to potential placement agents. You will also be able to create a summary licensing plan capable of acting as a business plan for your licensing efforts.

By the end of the course, you will be able to:

  • Identify current opportunities and how to create new avenues for placement of your own music
  • Register your works with relevant performing rights organizations to ensure income streams
  • Understand the differences between master and publishing revenue streams related to performance, mechanical rights, synchronization, and alternative revenue streams
  • Understand the complexities between US and international rights clearance and what barriers they place for songwriters and artists in collecting on distributed works.
  • Design a distribution strategy (domestic and international) to distribute music via multiple channels (including iTunes, online radio stations, etc.)
  • Use online resources to introduce your music to music supervisors, ad creatives, and video game producers
  • Identify royalties to be collected and how you can collect them directly or via third parties
  • Prepare a summary licensing plan
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Overview Syllabus Requirements Instructors Related Music Career Roles
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Syllabus

Lesson 1: Licensing Basics

  • No Such Thing as a Sell Out?
  • A Tale of Two Copyrights
  • Ownership of Master and Composition
  • Basic License Language
  • Grant of Rights
  • Royalty
  • Accounting (or Reporting) and Payment
  • Term and Territory, Exclusivity and Guarantee, and Most Favored Nation
  • Audit Rights
  • Assignment 1: Synchronization and Sound Recording Use License

Lesson 2: Mechanical Rights

  • What Is Mechanical Licensing?
  • The Law: Section 115 of the 1976 Copyright Act
  • Limitations of Compulsory Licenses
  • Compulsory Mechanical Licenses for Physical Releases
  • Directly Negotiated Mechanical Licenses for Physical Releases
  • The Shift of the Burden to DSPs: Mechanical Licenses for Digital Phonorecords
  • Statutory Royalty Rates
  • Rightsholder Responsibilities
  • Assignment 2: Mechanical License Scenarios

Lesson 3: Public Performance Rights

  • The Importance of Performance
  • What Is Public Performance?
  • What Is Not Public Performance?
  • The Evolution of Performance Rights in the United States
  • How Does Performance Licensing Work?
  • ASCAP, BMI, SESAC, and GMR Represent Songwriters and Publishers
  • How Are Performance Royalties Calculated and Distributed?
  • SoundExchange
  • ASCAP
  • BMI
  • SESAC and GMR
  • Royalty Maximization Strategies
  • Addressing the Playing Field and Your Catalogue
  • Complete Buyouts and the Future of Performance Royalties
  • Assignment 3: Register Your Work

Lesson 4: Synchronization Licensing

  • What Is Synchronization Licensing?
  • The Key Players in Sync
  • Music Supervisors
  • Producers, Directors, and Writers
  • Clearance Professionals
  • The Process
  • Fee Structures and Negotiation
  • Advertising Uses
  • Film Trailers
  • Television
  • Greater Opportunities and Fluctuating Fees
  • Quote Request Forms and Sync License Terms
  • Exclusivity and Non-Exclusivity in Placements
  • Methods of Representation in Placing Your Music
  • Direct, In-House Licensing Agents
  • Third-Party Agents and Storefronts
  • Production Music Libraries
  • To Be Exclusive or Non-Exclusive in Representation?
  • Assignment 4: Profile a Key Player in Sync Licensing

Lesson 5: Beyond Sync—Ancillary Monetization Channels

  • Identifying Opportunities
  • Gaming Ecosystems
  • Lyric Display and On-Screen Text Rights
  • Background Music Services
  • Podcasts
  • Creator Marketplaces
  • Platform Rights Management (YouTube, Meta, TikTok)
  • Assignment 5: Alternative Revenue Stream

Lesson 6: Creating Opportunities

  • Basic Ways of Creating Opportunities for Your Music
  • The 'Inventive' Approach
  • The 'Synergistic' Approach
  • The 'Disruption' Approach
  • The 'Reinvention' Approach
  • The 'Effectual' Approach
  • Weighing Short- and Long-Term Viability of Changing Markets
  • Insider Placement Secrets: How to Make Deals and Avoid Mishaps
  • Direct Engagement Tactics: Major Dos and Don’ts
  • Keys to Sync Success
  • Do It Yourself and Work Backwards!
  • Return on Investment
  • Negotiating Fair Rates and Understanding Leverage
  • Assignment 6: Creating Opportunities

Lesson 7: Distribution

  • What Does a Distributor Do?
  • Historical Context: Physical Distribution Lifecycle
  • Current Practices: Digital Distribution Lifecycle
  • Distribution Platforms
  • Under the Hood: Comparing Distributor Features
  • Distribution Channels and Direct-to-Fan Strategies
  • Royalty Models and Revenue Flows across Distribution Channels
  • The Evolving Role of Record Labels
  • Case Study: Universal Music Group vs. TikTok (2024 Royalty Dispute)
  • Assignment 7: Distribution Channel Strategy Analysis

Lesson 8: Derivative Works: Building on Existing Music

  • What Constitutes a Derivative Work?
  • Translation as a Derivative Work
  • Arrangements as a Work of Authorship
  • Sampling and Interpolation: Key Concepts
  • A Cursory Recap of Sampling
  • Master Use Sample Examples
  • Interpolation: Adapting Elements of Existing Songs Into New Works
  • Identifying Samples and Sampled Songs: Research Tools and References
  • Medleys, Mashups, and Remixes
  • Parody and Satire
  • Fair Use: A Legal Defense
  • Campbell v. Acuff-Rose Music Inc.
  • Clearing Samples and Alternatives to Sampling
  • Identifying Rightsholders
  • Preparing the Documentation/Request
  • Process: Clearing an Interpolation (Avicii’s 'Penguin')
  • Making Money from Sampling
  • Assignment 8: Research Appropriate Rightsholders

Lesson 9: Licensing Internationally, Part 1

  • Legal Frameworks Worldwide: 'Copyright' vs. 'Authors’ Rights'
  • Shared Global Principles Under International Treaties
  • Collection Management Organizations (CMOs)
  • Performing Rights Organizations (PROs)
  • Mechanical Rights CMOs
  • Neighboring Rights CMOs
  • How Do CMOs Work?
  • Registration of Works
  • Tracking Plays
  • Reciprocity (Reciprocal Arrangements Between CMOs)
  • Europe
  • The Americas
  • Asia-Pacific
  • Middle East and Africa
  • Assignment 9: Identify a Plan for Getting Rights

Lesson 10: Licensing Internationally, Part 2

  • A Deeper Dive Into International CMOs
  • The Challenge: 'Better Data'
  • Global Data Initiatives
  • Recent Initiatives
  • Direct Licensing
  • Strategies for Collecting International Royalties
  • Administering Your Copyrights with Foreign CMOs
  • Assignment 10: Comparing Global Rights Systems

Lesson 11: The Challenges of Music Licensing

  • The Value of Music in an Evolving Marketplace
  • Visibility and Monetization: How Music Generates Value Today
  • Fairness and Value in Streaming Models
  • Cutting through the Clutter
  • Licensing in the Real World
  • Sync Licensing Challenges in Emerging Media
  • AI-Specific Licensing Disputes
  • When Should Rights Owners Be Flexible?
  • Assignment 11: Case Study—Analyzing Music Licensing Challenges in the Real World

Lesson 12: Complete Your Licensing Plan

  • Know Your Rights
  • Case Study: How Do the Harmonious Animals Handle Their Repertoire and Mechanical Rights?
  • Review: Performance Royalties
  • Case Study: How Do the Harmonious Animals Handle Their Performance Licensing and Royalties?
  • Review: Getting in Sync
  • Case Study: How Do the Harmonious Animals Handle Sync?
  • Review: Distribution Partners and Platform
  • Case Study: How Do the Harmonious Animals Handle Distribution?
  • Review: Identifying Additional Partners
  • Case Study: How Do the Harmonious Animals Handle Additional Licensing Partners?
  • Assignment 12: Prepare a License Plan

Requirements

Prerequisites and Course-Specific Requirements 

Prerequisite Courses, Knowledge, and/or Skills
Completion of Music Business Trends and Strategies or equivalent knowledge and experience is required.

Textbook(s)

  • No textbooks required

Student Deals
After enrolling, be sure to check out our Student Deals page for various offers on software, hardware, and more. Please contact support@online.berklee.edu with any questions.

General Course Requirements

Below are the minimum requirements to access the course environment and participate in Live Classes. Please make sure to also check the Prerequisites and Course-Specific Requirements section above, and ensure your computer meets or exceeds the minimum system requirements for all software needed for your course. 

Mac Users

PC Users

All Users

  • Latest version of Google Chrome
  • Zoom meeting software
  • Webcam
  • Speakers or headphones
  • External or internal microphone
  • Broadband Internet connection

Instructors

Scott Sellwood
Scott Sellwood

Author

Scott Sellwood was the senior vice president and senior counsel at RightsFlow, a leading licensing and royalty service provider, recently acquired by Google. He oversaw RightsFlow's business and legal affairs with a focus on developing clients' licensing strategies related to the exploitation of music content. He's worked with clients at every level, including online music services such as YouTube and Rhapsody, digital distributor partners CD Baby, INgrooves, and The Orchard, and record labels such as X5 Music Group and Next Plateau Entertainment for their streaming, karaoke, background music, digital jukebox, synchronization, UGC, and new media needs. Sellwood is a frequent speaker at conferences and universities on topics ranging from publishing and rights management to copyright monetization. He currently works as the strategic partner development manager at YouTube, and formerly served as co-chair of the American Association of Independent Music Licensing and Publishing Committee. Sellwood is not only a proven music business executive, attorney, and strategist, but also an accomplished artist and member of the bands Drunken Barn Dance and critically acclaimed Saturday Looks Good to Me.

Luiz Augusto Buff De Souza E Silva
Luiz Augusto Buff De Souza E Silva

Instructor

Luiz Augusto Buff de Souza e Silva is a Brazilian lawyer, with a masters degree in Entertainment, Media and Intellectual Property Law from UCLA School of Law, and a degree in Music Business and Management from Berklee College of Music. Luiz developed experience in the music industry both as a musician, and also working at companies such as Warner Bros. Studios, Ted Kurland Associates, Soundtrack Group, and consulting firm Digital Cowboys. Luiz was a Research Collaborator in the development of the Music Business Finance course and also co-wrote the article "Budgeting for Crowdfunding Rewards" with prof. Peter Alhadeff, published in the Music & Entertainment Industry Educators Association (MEIEA) Journal.

Roger Pao
Roger Pao

Instructor

Roger Pao, JD, is an attorney and educator with extensive experience in online education and an interest in dynamic, innovative pedagogies. He is currently Assistant Provost and Dean of Undergraduate Studies at the New England College of Business and Finance. A graduate of Harvard Law School, magna cum laude, and Duke University, summa cum laude, he has served as a subject matter expert for and taught a variety of online undergraduate and graduate-level law and business courses. While a law student, he served as President of the Arts and Literature Law Society (ALLS) at Harvard Law School.

Dr. E. Michael Harrington
Dr. E. Michael Harrington

Instructor

Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. Michael has worked as a consultant and expert witness in hundreds of music copyright matters, including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. Harrington has bicycled twice from Los Angeles to Nashville and once from Florence, Oregon to Nashville (3,400 miles).

What's Next?

When taken for credit, Music Licensing can be applied towards the completion of these related programs:

Related Certificate Programs

Related Degree Majors

Related Music Career Roles

Employers look for skills learned in this course, when hiring for the following music career roles:

Licensing Representative

Royalty Coordinator

Questions?

Contact our Academic Advisors by phone at 1-866-BERKLEE (U.S.), 1-617-747-2146 (INT'L), or by email at advisors@online.berklee.edu.

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