Yes, you already pay for a performance license to BMI, ASCAP and SESAC each year. But that license only covers the music that is being performed live or in recorded form in a public setting or being performed live or in recorded form at a funeral or gravesite service. It does not cover any memorial, tribute or photomontage video at the service or on a website. This requires a synchronization license.

Anytime music is used in synchronization with video, moving pictures or photos is called a synchronization. A synchronization license is required from both parties who own the copyright: The publisher/songwriter and the sound recording owner, to use that song in a video, slideshow, or photomontage.

There is no standard rate set by the Government for a synchronization license. Therefor the licensee must negotiate the rate with the copyright owner of both parties for each use and obtain a license to legally use the music in a video. We have already done the negotiation for you. When you use our system, all of the music available has already been cleared with the proper owners of the music.

Any music that has been written has not entered in the Public Domain. Songs do not enter the public domain for 95 years from the date written. Copyrighted music is intellectual property.

Intellectual property is property that is an idea, process or invention derived from the mind or intellect that has been registered, copywritten or patented.

Example: When someone owns 100 acres of property (real estate) you cannot trespass on the property without permission from the property owner. You may be fined or jailed if caught.

Intellectual property is the real estate of the music business. You cannot trespass (use the music) without permission from the intellectual property rights holder (the copyright owner). You may be sued and fined heavily if caught.

Unlike fines for performance use that cap at $30,000 per violation, a fine for a synchronization use is not set by the government. The license fee for the synchronized use of a copyright is negotiated by each individual copyright owner. Because synchronization uses ARE NOT set by the government, the only way for a copyright owner to enforce their rights is to bring a lawsuit against the unlawful use of their property. (i.e. using their song in a video without permission). The copyright owner can sue for up to $150,000 per infringement. ($300,000 per song. $150,000 for publishing. $150,000 for sound recording).

Example: A memorial video made with 2 songs without the proper license could be up to a $600,000 fine. Even after the fine is paid, it’s still illegal to use the music without the proper license.

Very high. In a world of social media, video storage and personal websites, someone WILL see the video. There are people using artificial intelligence actively looking for this type of copyright violation and they will find you and contact you. There is software whose sole purpose is to catch people unlawfully using copyrighted music.

Since there is proof in video form that the copyrights owner’s rights have been violated, and the video has been shown in a public forum, the entity who made the video or showed the video in the public forum may easily be found liable of copyright infringement and fined.

Any song or melody written or recorded before 1927 is public domain. The vast majority of songs written after 1927 are copyrighted music and must be licensed for any use. Even if a song is public domain, there is a VERY HIGH chance the sound recording is not and will still need to be licensed. There's also a chance that the sound recording comes from an updated arrangement that is published by a new songwriter that would require the publishing license portion of the synchronization license.

It’s the law. This is how the songwriters and other copyright owners get paid for their creation. Each time a song is used in a video illegally, you are essentially taking money out of the pocket of the songwriter and/or copyright owner.

Obtaining a license from the copyright holders is the only way to use their music and protect yourself. There are 2 sides to every copyright. The music publisher and the sound recording owner. You will need to get a license from both parties to use the music.

You can search the internet for the copyright holders. You will need to know exactly which version of the song you wish to use so you can find the correct copyright owner. First, find out who owns the publishing to the song. Just because you know the name of the person who sings the song, do no assume they are the copyright holder. You will need to find the name of the person who wrote the song, then determine who owns the publishing to the song you are trying to obtain a license for. Then you must contact the owner and negotiate a rate for the song you want to use.

Once you have the publisher identified, you will then need to determine who owns the sound recording of the version of the song you want to use. Again, do not assume the person who sings the songs or is listed on your playlist is the copyright holder. In a world of company buy outs and foreign investors, determining who owns the sound recording is a daunting task. Again, you must contact the sound recording copyright owner and negotiate a rate and obtain the license before it can legally be added to a video.

This may seem impossible, however, to legally use the song you want, you will need to obtain a license from both the publisher and the sound recording copyright owners.

We have done the research and negotiating for you. Our company has over 100 years of music industry knowledge and relationships with the copyright owners to help you navigate the confusing world of copyrights. We will help you obtain the right to use music legally and on several platforms.

A performance license is paid through a performing rights organization. (ASCAP, BMI, & SESAC). That license covers a performance of music in a public forum such as singing at a funeral or gravesite, overhead music at funeral home, restaurants, bars, concert venues, festivals, and songs played on the radio or from a streaming service.

A mechanical license is about the sale of cd, download or stream. Music used from a mechanical licensed played in a public forum requires a performance license.

A Synchronization License is needed anytime music is used in synchronization with video, moving pictures or photos is called a synchronization. A synchronization license is required from both parties who own the copyright: The publisher/songwriter and the sound recording owner, to use that song in a video, slideshow, or photomontage.

A Print License is needed anytime you are going to print or make copies of the lyrics and/or music notes. This license is used for songbooks, hymnals, printing the lyrics of a song in a church bulletin or in a funeral service program. The songwriter/publisher would be the entity that would issue this type of license.

There are additional music license types, but none that would be used in a Funeral Service in its current format.

Memory Valley Music is a technology company that was founded by music industry professionals. We work with music publishers, a record labels, and copyright administration companies. We have over 100 years of experience in the music industry. We act as a liaison between the copyright owners, the death care industry professionals and the families looking to use the songs in a memorial/tribute video, photomontage, or slideshow.

We are certified music supervisors that represent thousands of songs from companies such as Universal Capital CMG, BMG, Sony Music, Kobalt, Morgan Music Group, Brumley Music Group and more.

Music is the soundtrack of our lives. Even when our lives come to an end, music helps us heal. Memory Valley Music provides innovative technology for death care industry professionals to help their clients tell the story of their clients lives without fear of litigation.

We provide yesterday’s classics and today’s hit songs in a pre-cleared, legal form for death care industry professionals to use to customize the tribute videos or slide shows provided to families.

We negotiate affordable rates with publishers/songwriters and sound recording owners so that we can legally provide access to copyrighted music for tribute video use for funeral homes, celebrations of life, wakes, visitations, churches, or memorials, regardless of venue, to the service provider. I.E. whomever is being paid to provide the service on behalf of another entity or individual.