What Is SESAC On YouTube And Why Does It Matter?

SESAC on YouTube refers to content that falls under the licensing of the Society of European Stage Authors and Composers, a performing rights organization. If you’ve encountered a “Video unavailable” message citing SESAC, WHAT.EDU.VN is here to explain the situation and why music licensing is crucial for content creators and platforms alike. Uncover more with copyright law, musical composition, and intellectual property, and find the answers you need to understand music rights.

1. What Does SESAC Stand For and What Is Its Role?

SESAC stands for the Society of European Stage Authors and Composers. However, despite its name, it now represents songwriters and publishers from all over the world. Its primary role is to act as a performing rights organization (PRO). PROs like SESAC bridge the gap between music creators and those who want to use their music publicly. They issue licenses, collect royalties, and distribute those royalties to their members when their music is performed.

In detail, SESAC:

• Licenses Public Performances: SESAC grants licenses to various entities, including radio stations, television networks, streaming services (like YouTube), restaurants, bars, and concert venues. These licenses allow them to legally play music from SESAC’s repertoire.
• Collects Royalties: When SESAC-licensed music is played publicly, the entities holding licenses pay royalties to SESAC. The royalty rates are typically negotiated based on factors like the size of the venue, the frequency of music usage, and the reach of the platform.
• Distributes Royalties: SESAC then distributes the collected royalties to its affiliated songwriters, composers, and music publishers. This ensures that music creators are compensated for the public performance of their work.

Key Takeaway: SESAC is essential for protecting the rights of music creators and ensuring they are fairly compensated when their music is used commercially.

2. How Does SESAC Differ from Other PROs Like ASCAP and BMI?

While SESAC shares the same core function as ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.), several key differences set them apart:

Feature	SESAC	ASCAP	BMI
Membership	Invitation-only, more selective	Open to all songwriters and publishers	Open to all songwriters and publishers
Ownership	Privately held (owned by Blackstone)	Member-owned, non-profit	Non-profit, supported by broadcasters
Distribution	Utilizes a variety of data sources, including performance data and technological advancements	Primarily relies on sampled performances and surveys	Employs digital technology to track performances and uses a panel of industry experts
Repertoire Size	Smaller than ASCAP and BMI, but includes many high-profile artists	Largest repertoire of any PRO	Second-largest repertoire, representing a wide range of genres
Focus	Known for innovation and technology in royalty distribution	Strong focus on advocacy for songwriters’ rights	Emphasizes partnerships with emerging artists and music education programs

In Summary:

• SESAC: More selective membership, privately owned, emphasizes technology in royalty distribution.
• ASCAP: Open membership, member-owned, focuses on advocacy.
• BMI: Open membership, supported by broadcasters, emphasizes emerging artists.

3. Why Did I See A “Video Unavailable” Message on YouTube Regarding SESAC?

The “Video unavailable” message on YouTube related to SESAC typically arises from licensing disagreements. When YouTube and SESAC cannot agree on the terms of a licensing agreement, content that features SESAC-represented music may be temporarily blocked in certain regions.

Here’s a breakdown of the situation:

• Licensing Negotiations: YouTube needs licenses from PROs like SESAC to legally allow videos containing their music on its platform. These licenses involve royalty payments to compensate the music creators.
• Disagreement on Terms: If YouTube and SESAC can’t agree on the royalty rates or other terms of the license, the agreement may lapse.
• Content Removal: To avoid copyright infringement, YouTube may temporarily remove videos that contain music from SESAC’s repertoire in the affected regions.
• Resolution: Once a new agreement is reached, the affected videos are usually restored.

4. What Happens When YouTube and SESAC Fail to Reach an Agreement?

When YouTube and SESAC fail to reach a licensing agreement, the consequences can impact both content creators and viewers:

• Content Removal: As mentioned earlier, YouTube may remove videos containing SESAC-licensed music to avoid copyright infringement. This can disrupt the viewing experience and affect content creators who rely on that music.
• Limited Music Availability: Viewers in certain regions may find that some of their favorite songs or videos are unavailable due to the licensing dispute.
• Negotiating Pressure: The situation puts pressure on both YouTube and SESAC to reach a resolution. YouTube wants to offer a wide range of content, while SESAC wants to ensure its members are fairly compensated.
• Potential Legal Action: In extreme cases, if an agreement cannot be reached, SESAC could potentially pursue legal action against YouTube for copyright infringement.

5. How Does Music Licensing Work on YouTube in General?

Music licensing on YouTube is a complex system that involves multiple parties and different types of licenses:

• Performing Rights Organizations (PROs): As discussed, PROs like SESAC, ASCAP, and BMI represent songwriters and publishers and license the right to publicly perform their music.
• Record Labels: Record labels own the rights to the specific recordings of songs. YouTube needs separate licenses from record labels to allow the use of those recordings.
• Synchronization Licenses: If a video creator wants to use a specific song in their video, they typically need to obtain a synchronization license from the copyright holder (usually the publisher). This license grants permission to synchronize the music with the video.
• Master Use Licenses: The video creator also needs a master use license from the record label that owns the specific recording of the song.
• YouTube’s Content ID System: YouTube uses a sophisticated Content ID system to identify copyrighted material in videos. When a match is found, the copyright holder can choose to:
  • Monetize the video: Run ads on the video and collect the revenue.
  • Track the video’s viewership: Gather data on how many people are watching the video.
  • Block the video: Prevent the video from being viewed on YouTube.

6. What is YouTube’s Content ID System and How Does It Affect Music Usage?

YouTube’s Content ID system is a digital fingerprinting system that allows copyright holders to identify and manage their content on the platform. It works by creating a database of audio and video fingerprints. When a new video is uploaded, YouTube scans it against the Content ID database.

Here’s how it affects music usage:

• Detection of Copyrighted Music: If a video contains music that matches a fingerprint in the Content ID database, the system identifies the copyrighted material.
• Copyright Holder Options: The copyright holder (e.g., a record label or music publisher) then has several options:
  • Monetize: They can choose to monetize the video by running ads on it. The revenue is then shared between YouTube and the copyright holder.
  • Track: They can track the video’s viewership to gather data on how many people are watching it.
  • Block: They can block the video from being viewed on YouTube.
• Fair Use Considerations: The Content ID system is not perfect, and sometimes it can flag videos that are actually fair use. Fair use is a legal doctrine that allows the use of copyrighted material without permission in certain circumstances, such as for criticism, commentary, news reporting, education, or parody.
• Dispute Process: If a video creator believes that their video has been wrongly flagged by Content ID, they can file a dispute. YouTube will then review the dispute and determine whether the video is indeed infringing copyright.

7. How Can Content Creators Avoid Copyright Issues When Using Music on YouTube?

Content creators can take several steps to avoid copyright issues when using music on YouTube:

• Obtain Permission: The most straightforward way to avoid copyright problems is to obtain permission from the copyright holder before using their music. This typically involves obtaining a synchronization license and a master use license.
• Use Royalty-Free Music: There are many sources of royalty-free music available online. Royalty-free music is music that you can use without paying royalties for each use. However, you may still need to pay a one-time fee to license the music.
• Use Creative Commons Music: Creative Commons is a non-profit organization that provides licenses that allow creators to share their work while retaining certain rights. Some Creative Commons licenses allow you to use music for free, as long as you give credit to the creator.
• Use YouTube’s Audio Library: YouTube provides an Audio Library with a selection of free music and sound effects that you can use in your videos.
• Comply with Fair Use: If you believe that your use of copyrighted music qualifies as fair use, be prepared to defend your claim. Document your reasoning and be aware that YouTube may still flag your video.
• Credit the Artist: Even if you have permission to use the music, it’s always a good practice to give credit to the artist in your video description.

8. What Are The Potential Consequences of Copyright Infringement on YouTube?

Copyright infringement on YouTube can have serious consequences for content creators:

• Video Removal: Your video may be removed from YouTube.
• Copyright Strike: You may receive a copyright strike. If you receive three copyright strikes, your YouTube account will be terminated.
• Monetization Removal: You may lose the ability to monetize your videos.
• Legal Action: The copyright holder may take legal action against you, which could result in significant financial penalties.

9. What is “Fair Use” and How Does it Apply to Music on YouTube?

“Fair use” is a legal doctrine that allows the use of copyrighted material without permission in certain circumstances. The four factors that courts consider when determining whether a use is fair use are:

1. The purpose and character of the use: Is the use transformative (i.e., does it add something new, with a further purpose or different character)? Is it for commercial or non-profit educational purposes?
2. The nature of the copyrighted work: Is the work factual or creative? Is it published or unpublished?
3. The amount and substantiality of the portion used: How much of the copyrighted work was used? Was it the heart of the work?
4. The effect of the use upon the potential market for or value of the copyrighted work: Does the use harm the market for the original work?

Examples of fair use in the context of music on YouTube:

• Criticism and Commentary: Using a short clip of a song to critique or comment on it.
• News Reporting: Using a song in a news report about a music-related event.
• Education: Using a song in a classroom setting for educational purposes.
• Parody: Creating a parody of a song.

Important Note: Fair use is a complex legal issue, and it’s not always easy to determine whether a particular use qualifies. If you are unsure whether your use of copyrighted music is fair use, it’s best to seek legal advice.

10. What Are Some Reputable Sources for Royalty-Free or Creative Commons Music?

Here are some reputable sources for finding royalty-free or Creative Commons music for your YouTube videos:

• YouTube Audio Library: YouTube’s own library offers a wide selection of free music and sound effects.
• Epidemic Sound: A subscription-based service with a vast library of high-quality royalty-free music.
• Artlist: Another subscription-based service offering a curated collection of royalty-free music.
• PremiumBeat: Provides royalty-free music tracks for purchase, with various licensing options available.
• AudioJungle: A marketplace where you can purchase individual royalty-free music tracks.
• Free Music Archive (FMA): Offers a wide range of Creative Commons licensed music.
• Jamendo: Provides royalty-free music for commercial use and Creative Commons music for personal use.

11. How Do I Properly Attribute Creative Commons Music in My YouTube Video?

When using Creative Commons music in your YouTube video, it’s essential to properly attribute the artist and the license. The specific attribution requirements vary depending on the type of Creative Commons license, but generally, you should include the following information in your video description:

• Title of the song:
• Artist:
• Source URL: (Link to the song on the platform where you found it)
• License: (e.g., “Creative Commons Attribution 4.0 International”)
• License URL: (Link to the specific Creative Commons license)

Example:

“Song: [Title of the song]
Artist: [Artist Name]
Source: [Source URL]
License: Creative Commons Attribution 4.0 International
License URL: [License URL]”

12. What Role Does A Music Publisher Play In The Licensing Process?

A music publisher plays a crucial role in the music licensing process. They represent songwriters and composers and are responsible for managing their copyrights.

Here’s what a music publisher does:

• Copyright Management: They register copyrights for songs and ensure that the copyright information is accurate.
• Licensing: They negotiate and issue licenses for the use of their songs in various contexts, such as films, TV shows, commercials, and video games.
• Royalty Collection: They collect royalties from the use of their songs and distribute them to the songwriters and composers.
• Promotion: They promote their songs to increase their exposure and earning potential.

13. How Are Royalties Calculated and Distributed by SESAC?

SESAC uses a variety of factors to calculate and distribute royalties to its members. The specific formula is complex and proprietary, but some of the key factors include:

• Performance Data: SESAC tracks when and where its members’ music is performed. This data is gathered from various sources, including radio stations, television networks, streaming services, and live venues.
• Type of Performance: The type of performance affects the royalty rate. For example, a song played on a national television network will typically generate more royalties than a song played in a local bar.
• Reach of the Performance: The reach of the performance also affects the royalty rate. A song played on a popular radio station with a large audience will generate more royalties than a song played on a small, low-reach station.
• Technological Advancements: SESAC utilizes technological advancements in data collection and analysis to more accurately track and distribute royalties.

14. What Are The Different Types of Music Licenses?

There are several different types of music licenses, each granting different rights to the user:

• Performance License: Grants the right to publicly perform a song. This is the type of license that PROs like SESAC issue.
• Synchronization License: Grants the right to synchronize a song with visual media, such as a film, TV show, or video game.
• Mechanical License: Grants the right to reproduce and distribute a song on physical media, such as CDs or vinyl records.
• Master Use License: Grants the right to use a specific recording of a song.
• Print License: Grants the right to print and distribute sheet music for a song.

15. What is the Difference Between A Songwriter and A Composer?

While the terms “songwriter” and “composer” are often used interchangeably, there is a subtle difference between them:

• Songwriter: A songwriter primarily focuses on writing the lyrics to a song. They may also contribute to the melody or overall musical arrangement.
• Composer: A composer primarily focuses on creating the music for a song. This includes the melody, harmony, and overall musical arrangement.

In many cases, a single individual may be both a songwriter and a composer.

16. How Does SESAC Support Its Affiliated Songwriters and Composers?

SESAC provides a range of services and support to its affiliated songwriters and composers:

• Licensing and Royalty Collection: As discussed, SESAC licenses the public performance of their music and collects royalties on their behalf.
• Advocacy: SESAC advocates for the rights of its members and works to ensure that they are fairly compensated for their work.
• Educational Resources: SESAC provides educational resources and workshops to help its members develop their skills and knowledge of the music industry.
• Networking Opportunities: SESAC provides networking opportunities for its members to connect with other professionals in the music industry.
• Financial Assistance: SESAC offers financial assistance to its members in times of need.

17. What Are The Benefits of Joining A PRO Like SESAC?

Joining a PRO like SESAC offers several benefits to songwriters and composers:

• Royalty Collection: PROs handle the complex process of tracking and collecting royalties for public performances of their members’ music.
• Legal Protection: PROs protect their members’ copyrights and take legal action against copyright infringement.
• Advocacy: PROs advocate for the rights of their members and work to ensure that they are fairly compensated.
• Networking: PROs provide networking opportunities for their members to connect with other professionals in the music industry.
• Exposure: PROs can help their members gain exposure for their music.

18. How Can I Find Out If A Song is Licensed By SESAC?

SESAC has a searchable repertory database on its website where you can search for songs and find out if they are licensed by SESAC. You can access the database at https://www.sesac.com/repertory/. Keep in mind that not all songs are listed, however.

19. What Are The Alternatives to Using Licensed Music on YouTube?

If you want to avoid the complexities of music licensing, there are several alternatives to using licensed music on YouTube:

• Create Your Own Music: If you have musical talent, you can create your own music for your videos. This ensures that you own all the rights to the music and don’t have to worry about licensing issues.
• Hire A Composer: You can hire a composer to create original music for your videos. This gives you more control over the music and ensures that it’s tailored to your specific needs.
• Use Sound Effects: Instead of music, you can use sound effects to enhance your videos. There are many sources of free and royalty-free sound effects available online.
• Focus on Dialogue and Visuals: You can create engaging videos that focus on dialogue and visuals, without relying heavily on music.

20. How is Artificial Intelligence (AI) Impacting Music Licensing?

Artificial intelligence (AI) is starting to have a significant impact on music licensing. AI is being used to:

• Identify Copyrighted Music: AI-powered systems can quickly and accurately identify copyrighted music in videos and other content.
• Compose Music: AI is being used to compose original music, which could potentially create new opportunities for royalty-free music.
• Personalize Music Recommendations: AI is being used to personalize music recommendations for users, which could affect the way music is discovered and consumed.
• Manage Rights and Royalties: AI can streamline the process of managing music rights and royalties, making it more efficient and transparent.

21. What is the Future of Music Licensing on YouTube?

The future of music licensing on YouTube is likely to be shaped by several factors:

• Technological Advancements: Advances in AI and blockchain technology could lead to more efficient and transparent systems for managing music rights and royalties.
• Changing Consumer Behavior: As consumers increasingly stream music and video content, the demand for flexible and affordable licensing options will likely increase.
• Legal and Regulatory Developments: Changes in copyright law and regulations could significantly impact the music licensing landscape.
• Negotiations Between Platforms and PROs: The ongoing negotiations between platforms like YouTube and PROs like SESAC will continue to shape the terms of music licensing agreements.

22. How Can I Stay Up-To-Date on Music Licensing Issues?

Staying informed about music licensing issues is important for both content creators and music enthusiasts. Here are some ways to stay up-to-date:

• Follow Music Industry News Sources: Read reputable music industry news sources, such as Billboard, Variety, The Hollywood Reporter, and Music Business Worldwide.
• Follow PROs and Industry Organizations: Follow PROs like SESAC, ASCAP, and BMI, as well as industry organizations like the National Music Publishers Association (NMPA) and the Recording Industry Association of America (RIAA).
• Attend Industry Events: Attend music industry conferences and events to learn from experts and network with other professionals.
• Consult with Legal Professionals: If you have specific legal questions about music licensing, consult with an experienced entertainment attorney.

23. Can I Use A Cover Song On YouTube?

Yes, you can use a cover song on YouTube, but you need to obtain the necessary licenses.

• Mechanical License: You need a mechanical license to reproduce and distribute the song. In the United States, you can obtain a mechanical license through services like Harry Fox Agency (HFA) or DistroKid.
• Performance License: YouTube already has performance licenses in place with PROs like SESAC, ASCAP, and BMI. However, if you are performing the cover song live, you may need to obtain a performance license for the venue.

24. What Should I Do If I Receive A Copyright Claim On My YouTube Video?

If you receive a copyright claim on your YouTube video, you have several options:

• Acknowledge the Claim: If you agree that you have used copyrighted material without permission, you can acknowledge the claim. The copyright holder may choose to monetize your video, track its viewership, or block it.
• Dispute the Claim: If you believe that the claim is invalid (e.g., you have permission to use the material, your use qualifies as fair use), you can dispute the claim. YouTube will then review the dispute and determine whether the claim is valid.
• Remove the Infringing Content: You can remove the infringing content from your video. This may resolve the claim, but you may also lose the portion of your video that contained the copyrighted material.
• Replace the Audio: You can replace the audio in your video with royalty-free music or music that you have permission to use.

25. How Does SESAC Protect Against Copyright Infringement?

SESAC actively monitors the use of its members’ music and takes action against copyright infringement. They use various methods to detect infringement, including:

• Digital Monitoring: SESAC uses digital monitoring services to scan the internet for unauthorized uses of its members’ music.
• Live Performance Monitoring: SESAC monitors live performances to ensure that venues are properly licensed and paying royalties.
• Legal Action: SESAC takes legal action against individuals and organizations that infringe on its members’ copyrights.

26. What Resources Does WHAT.EDU.VN Offer For Music Licensing Information?

WHAT.EDU.VN is dedicated to providing clear, accessible information on various topics, including music licensing. While we do not offer legal advice, we strive to offer comprehensive explanations of complex issues. For music licensing, we provide:

• Informative Articles: We create articles that break down the complexities of music licensing, copyright, and related topics.
• FAQ Sections: We answer common questions about music licensing to help you understand the basics.
• Links to Reputable Resources: We provide links to official websites, legal resources, and other reputable sources of information.

We encourage you to explore WHAT.EDU.VN for answers to your questions. If you have a specific question that is not answered on our site, please feel free to submit it through our question portal!

27. Why Is Music Licensing Important for Supporting Artists?

Music licensing is essential for supporting artists because it provides them with a revenue stream for their creative work. When music is licensed, the copyright holders (songwriters, composers, and publishers) receive royalties for its use. These royalties help artists:

• Earn a Living: Music licensing royalties can provide artists with a sustainable income, allowing them to continue creating music.
• Fund New Projects: Royalties can be used to fund new recording projects, tours, and other creative endeavors.
• Protect Their Rights: Music licensing helps protect artists’ copyrights and ensures that they are compensated for their work.

28. What Are Some Common Misconceptions About Music Licensing on YouTube?

There are several common misconceptions about music licensing on YouTube:

• “If I Give Credit to the Artist, It’s Okay to Use Their Music.” Giving credit to the artist is a nice gesture, but it does not give you the legal right to use their music without permission.
• “If I’m Not Making Money From My Video, I Can Use Any Music I Want.” Even if you’re not monetizing your video, you still need permission to use copyrighted music.
• “If I Only Use a Short Clip of a Song, It’s Fair Use.” Using a short clip of a song does not automatically qualify as fair use. The four factors of fair use must be considered.
• “YouTube’s Content ID System Will Take Care of Everything.” While Content ID is a powerful tool, it’s not perfect. It’s still your responsibility to ensure that you have the necessary licenses to use music in your videos.

29. How Can Music Creators Effectively Manage Their Rights Online?

Music creators can take several steps to effectively manage their rights online:

• Register Their Copyrights: Registering their copyrights with the U.S. Copyright Office provides legal protection for their work.
• Join A PRO: Joining a PRO like SESAC, ASCAP, or BMI allows them to collect royalties for public performances of their music.
• Use Digital Watermarking: Digital watermarking can help track the use of their music online.
• Monitor Online Platforms: Regularly monitor online platforms like YouTube, Spotify, and SoundCloud for unauthorized uses of their music.
• Take Action Against Infringement: Take action against individuals and organizations that infringe on their copyrights.

30. Where Can I Find More Help and Information About SESAC and Music Licensing?

For more help and information about SESAC and music licensing, you can visit the following resources:

• SESAC Website: https://www.sesac.com/
• U.S. Copyright Office: https://www.copyright.gov/
• Harry Fox Agency (HFA): https://www.harryfox.com/
• WHAT.EDU.VN: https://what.edu.vn

Remember, navigating the world of music licensing can be tricky. If you have specific questions or concerns, it’s always best to consult with an experienced entertainment attorney.

Do you still have questions about SESAC, music licensing, or copyright? Don’t struggle to find the answers alone! Visit WHAT.EDU.VN today to ask your questions and get free, expert guidance. Our community of knowledgeable users is ready to help you understand the complexities of music rights and ensure you’re using music legally and ethically.

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