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Licensing Music for your Commercial Video
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

Mechanical Licensing
Master Use Licensing
Music Sample Clearance & Licensing
CD Compilation Rights & Packaging
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."