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There
are two types of licenses needed. The first is a synchronization--or
"sync"--license, controlled by the publisher, that grants the right to
include the actual composition or piece of music in timed relation to the
picture. The second is the "master use" license, controlled by the record
label, that grants the right to include a specific recording of the
composition in timed relation to a picture. For instance, there is only one
administering US publisher of the Lennon-McCartney tune "Yesterday," but
dozens of released recordings of the composition performed by various
recording artists and owned by different record labels.
Licenses required: Synchronization or Sync - controlled by the publisher - Publishers require composition title, writer(s) and publisher(s) information Master Use - controlled by the record label - master rights owners require the recorded track title, performing artist and the source of the recorded track. How Do I Identify Who Owns the Music I Want?
ASCAP, BMI and
SESAC are American "performance rights"
societies, of which most professional songwriters and publishers are
members. Each society has a website for easy online research of
publisher/copyright owner contact information for songs, plus phone support.
(from http://www.themusicbridge.com/id29.htm) For Film Soundtracks, CD Projects & Compilations
Limited
Rights Strategies
(from http://www.themusicbridge.com/id42.htm) “All media now known or hereafter devised, worldwide, in perpetuity” is, of course, the Holy Grail of music rights licensing parameters for the documentary filmmaker. Having all your rights up front and never having to go back to the licensors for the life of your film certainly makes sense and sounds reasonable. Unfortunately, the reality is that few documentary filmmakers have the budget to afford the fees for those rights, and so must travel the road of limited rights strategies, acquiring only the rights needed at the time to satisfy current distribution or a distributor's requirements.
One
advantage to this is that you pay as you go-only acquiring the rights that you
need to get out and exhibit and/or sell your film in a particular media at a
particular time, thus keeping your music licensing costs down. However, as
there is no guarantee by the licensor(s) that you will be able to obtain
additional rights later, you must be technically able and emotionally willing
to “switch out” or replace music at a later date if those rights cannot be
granted or afforded. This option is available to more and more filmmakers as
they forego the traditional and
Going the Festival Route
The
typical strategy around licensing music for documentaries has been to go the
festival route. This is a good strategy that allows you to exhibit and shop
your film through a one to two-year film festival cycle. In this scenario, you
request festival licenses for your chosen popular music, which are typically
the lowest rates available for the most minimum of rights.
From -
http://www.themusicbridge.com/id38.htmGolden Rule #1
Assume
that every bit of music-whether a planned or spontaneous live performance,
miscellaneous background source leakage captured during filming or specific
music added later during post-production-has at least one owner from whom you
will need to "clear," or obtain permission, in order to include that music in
your project. Copyright owners of music-as well as the recordings of such
music-have the exclusive authority, backed by US copyright law, to say yay or
nay to any license request where audio/visual projects are concerned, and to
set and charge fees for those usages.
The only
exception to the above is music that falls under the much misunderstood "public
domain" category, which usually includes most pre-20th
century classical music, plus some traditional folk songs and spirituals.
However, it can actually be more complex to verify public domain status than
actual contemporary compositions, as a composition may be public domain in the
United States, yet under copyright control in another country. Also, don't
make any assumptions based on what you think or hear is public domain until it
is positively verified. In addition, remember that even while a composition
may be public domain, a specific arrangement or recording of it is not.
Golden
Rule #2
There are
no gray areas. You either have permission in writing to use specific music in
your film, or you don't. No maybes or promises.
Golden
Rule #3
Clear it
before you have no other choice. In other words, clear all music before your
final audio mix and film completion. Don't get stuck with high fees quotes or
denials that result in having to go back to remix your film or, at worse,
holding up or prohibiting a potential distribution deal. Following these three
golden rules will keep you out of trouble and save you lots of headaches.
When Do
I Start Music Clearance?
The
process of music clearance actually starts in pre-production. If you are
planning on shooting live music performances, or pre-producing music for taped
live performances, or you have scripted references to music, then you will
want to pre-clear those music rights before commencing shooting. Also, be
aware of any potential live or source background music when taping interviews.
All other music clearances are usually handled in post somewhere before your
final audio mix, including musical underscore, main title songs, featured,
montage or background songs, source cues, end-credit usages and clip
clearances containing music. CD soundtrack deals mostly happen during or after
post as well.
What
Types of Licenses Do I Need, and Where Do I Get Them?
There are
two types of licenses needed. The first is a synchronization--or
"sync"--license, controlled by the publisher, that grants the right to include
the actual composition or piece of music in timed relation to the picture. The
second is the "master use" license, controlled by the record label, that
grants the right to include a specific recording of the composition in timed
relation to a picture. For instance, there is only one administering US
publisher of the Lennon-McCartney tune "Yesterday," but dozens of released
recordings of the composition performed by various recording artists and owned
by different record labels.
How Do
I Identify Who Owns the Music I Want?
ASCAP, BMI
and SESAC are American "performance rights" societies, of which most
professional songwriters and publishers are members. Each society has a
website for easy online research of publisher/copyright owner contact
information for songs, plus phone support. One can research master rights
information of commercially released recordings on sites such as amazon.com,
plus CD jacket and booklet credits. Usually, independently released artists,
whom you can approach directly, will be self-published and will control both
sync and master use rights.
How Do
I Request a License?
Every
major and independent label and publisher has a person, staff or department
dedicated to receiving licensing requests, as well as pitching their catalogs
to filmmakers for licensing opportunities, and will want to see your request
in writing. Publishers require composition title, writer(s) and publisher(s)
information, while master rights owners require the recorded track title,
performing artist and the source of the recorded track. In addition, both will
want a brief project synopsis (including producer, director, actor and
narrator information), overall film budget, music budget, funding and donors
(if any), profit or nonprofit status, tentative distribution plans and
licensee information and address. More specifically, they will need the usage
type, length and scene description of intended usage, such as "background car
radio source of 35 seconds, under scene of main characters discussing life
while parked at the beach."
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