Want to print the lyrics of a hit pop song on your brand's new t-shirt line? You cannot simply copy the text from the internet; you need a Print License.

Disclaimer: This Article is for general informational purposes only and does not replace legal advice for specific situations.

TL;DR

A Print License grants you permission to reproduce, display, or print the musical notation or lyrics of a copyrighted Composition. A common mistake is assuming that because you bought one piece of sheet music, you have the right to photocopy it for others. Failing to secure a Print License for merchandise, sheet music, or digital lyric displays can lead to severe copyright infringement lawsuits, including statutory damages in case of willful infringement.

The plain definition: Print License

In simple terms, a Print License is an agreement between a music user and the owner of a copyrighted Musical Composition (typically the songwriter or music publisher).

A Print License covers the reproduction and distribution of the visual representation of a musical composition, including sheet music, notation, chords, and lyrics. It grants the user permission to print, reproduce, or display the musical notes, arrangements, chords, or lyrics of the song in physical or digital formats.

Why does this concept exist?

Historically, before the invention of the phonograph and Sound Recordings, the primary way the music industry made money was by selling printed sheet music.

Today, the print right still exists to protect the immense value of a songwriter's literary and musical expression. It ensures that composers and publishers are fairly compensated whenever their visual representations of music, whether it is sheet music for a symphony or catchy lyrics printed on consumer merchandise, are commercialized.

Legal clarification under U.S. Copyright Law

The legal foundation for the Print License is rooted directly in Section 106 of the U.S. Copyright Law. Under this statute, the copyright owner of a musical Composition holds a bundle of exclusive rights.

A Print License serves as the legal mechanism to grant permission for three specific Section 106 rights:

Section 106(1) - The reproduction right: The exclusive right to reproduce the copyrighted work in copies. For print licenses, this applies to the physical or digital reproduction of sheet music, folios, or lyric sheets.
Section 106(3) - The distribution right: The exclusive right to distribute copies of the copyrighted work to the public by sale or other transfer of ownership. This covers a band teacher handing out scanned copies of a piece to a student choir or a retailer selling lyric t-shirts.
Section 106(5) - The public display right: The exclusive right to display the copyrighted work publicly. In the music industry, this specifically applies to websites, apps, or public spaces that display scrolling or static lyrics and musical notes.

How it works: Important deal points & pricing

Unlike mechanical rights for phonorecords (which are subject to Compulsory Licensing under Section 115), there is no compulsory statutory framework for print rights in U.S. Law. See more: "Compulsory Licensing: When Music Use Bypasses Direct Permission from Owner"

Therefore, to secure a Print License, the licensee must reach out to the publisher directly. Pricing and terms are entirely market-based and negotiated directly with the music publisher. When drafting an agreement to license the print works, remember that you may only exploit the Composition by abiding by the strict guidelines set forth by the rights holder.

Pricing & compensation: When a Print License is issued, the user pays a royalty to the copyright owner of the Composition. The fees vary greatly depending on the usage:

Sheet music & Folios: Fees payable to songwriters/publishers are typically based on a percentage of the retail list.
Apparel & Merchandise: Reprints of lyrics on clothing, such as t-shirts.
Advertising: Using lyrics in newspapers, magazines, or billboards normally requires a flat fee.
Physical Albums: Interestingly, permission to reprint lyrics inside the booklet of a physical CD or vinyl album may be granted at low or nominal cost in certain contexts (such as album liner notes), depending on the publisher's policy, as it promotes the music.

The music publisher is likely to enforce the following conditions:

Destruction of copies: A requirement that all physical copies be destroyed after the licensed use (especially common in theatrical and stage rentals).
Performance notices: A strict notice stating that performing the music from the original or copied sheet music requires a separate, additional permission (a Public Performance License).
Minimum purchases: A demand for a flat payment, or the requirement to purchase a set minimum quantity of original copies of the music from the publisher.

What to include in your request: When drafting your request to Print License, be prepared to relay detailed information so the publisher can determine whether they will allow the use, and for how much money. A standard Print License request must include:

The party or performance group requesting the Print License.
The intended use of the copyrighted material (e.g., printed copies, merchandise, flyers, web pages, CD inserts, or a new sheet music arrangement).
The exact name of both the Composition and the composer.
The volume of copies or the duration/scope of the uses of the work.

Real use cases

Print Licenses for the stage: If a band director wants to adapt it for the stage, they need to obtain a Print License. Furthermore, theaters both big and small pay a significant amount of money for the right to use the sheet music for a particular play or musical.
Merchandising & advertising: If a massive brand like Pepsi wants to display lyrics or music notes on their soda cans, they must obtain a print license.
Physical albums: If an independent artist wants to print the lyrics to a copyrighted cover song on the inlet booklet of their homemade CD, they are technically required by law to obtain a Print License.
Digital displays: If a person wants to post sheet music to a copyrighted song on a web page or blog, they are technically required by law to obtain a digital Print License.

Conclusion

While the music industry has largely shifted its focus to digital streaming, the Print License remains a highly regulated and vital revenue stream for songwriters and publishers. It legally protects the visual of a song, the lyrics and musical notes.

Whether you are a brand printing lyrics on merchandise or an app displaying lyrics, respecting print rights is essential. Properly securing a Print License not only keeps you compliant with U.S. copyright law but also ensures that the original creators are fairly compensated for the use of their works.