Hey, That's My Music! Notes

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COPYRIGHT Cheat Sheet

Two forms of copyright:

  1. The song itself -- its intangible words and music. [PUBLISHING]
  2. The specific recording of a song. [MASTER]

Clearance requires permission from both copyright holders:

  1. The song's owner [typically a WRITER(S) and PUBLISHER(S)]
  2. The specific recording's owner [typically a RECORD LABEL]

Entities:

  1. PUBLISHING COMPANIES -- control the rights to intangible songs.
  2. RECORD LABELS -- control the rights to specific recordings.

Rights Disambiguation:

Media Permissions

MEDIA
LICENSE NEEDED
SOURCE
Film
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
TV
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
Internet (streaming)
Performance, Master
PRO
SoundExchange
Internet (download)
Master
Master owner
DVD
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
VOD
Synch, Master
Publisher-writer
Record Label
Master owner or Artist

What to include in a license req (see p.66)

Media Rights List (see p.70)



CONTRACT CHEAT SHEETS

Music Sv. contracts normally include:

Composer contracts normally include:





Table of Contents

  1. Copyright
  2. Permissions Needed
  3. Sources of Content
  4. Music Supervision
  5. Licensing Requests
  6. Pricing and Negotiation
  7. Music Placement and Representation

Ch 1: Copyright

A work qualifies for CR protection as soon as it is "fixed." For music, this means being notated in a score or recorded.

CR lasts 70 years after the death of the author. "Works for hire" last for 95 years after publication, or 120 from the date of creation (whichever comes first)

(1989:) Authors are no longer required to register their works, as soon as a work is fixed, it is automatically protected.

Two forms of music copyright:

  1. The song itself -- its intangible words and music. [PUBLISHING]
  2. The specific recording of a song. [MASTER]

"Copyright Clearance" = the process of requesting and obtaining CR licenses.

To file a copyright, visit www.copyrights.gov. See the "SR" form for music. You can sumit a group of compositions on one CD, the fee is $45.

Ch 2: Permissions Needed

CR Clearance for a song requires permission from both copyright holders:

  1. The song's owner [typically a PUBLISHER]
  2. The specific recording's owner [typically a RECORD LABEL]

Licenses typically include restrictions in territory and time. When the license concludes, you are obligated to return ownership (like a library book).

Entities:

  1. PUBLISHING COMPANIES -- control the rights to intangible songs.
  2. RECORD LABELS -- control the rights to specific recordings.

Note: Often, independent bands control both their PUBLISHING and MASTERS (like me!), which is why indie artists are (from a technical perspective) appealing to music supervisors.

"Master" = The final recorded version of a song.

"Ancillary" income = licensing fees from various sources / media.

Major labels have licensing departments, which work specifically to handle ancillary deals.

* Because there are no set rates or rate sheets for licensing outside of the statutory mechanical licenses, ANCILLARY FEES ARE ENTIRELY SUBJECTIVE.

Rights:

Ch 3: Sources of Content

Original Score

Typically, there is one price for both SYNC and MASTER RIGHTS.

Composers are generally hired for a flat fee using a work-for-hire agreement. Uner a WFH, the production company becomes the CR owner of the MASTER when it is delivered. In this sort of "package deal," it's critical to specify what is and isn't covered. Stipulations for adt'l rewrites, re-recordings (etc etc) should all be covered in the agreement.

PRIOR to starting on a project, the general terms should be discussed, and a deal memo drafted that outlines the important negotiating points. (See p. 36 for template)

"PUBLISHING is the wildcard." If the WFH pays well, the production company might retain a portion of the pub rights. If not, the composer may keep all of it.

The agreement should also be written to give the filmmakers the ability to use the score in things like DVD extras, promo, etc etc.

Typical items in a composer agreement

Film trade mags: The Independent, MovieMaker, and Release Print. Web: Mark Northa's Film Music Network, which also publishes a magazine, and holds networking seminars in LA and NY.

CH 4: Music Supervision

One creative person wants to use another creative person's work. The music supervisor is the mediator between the two.

Rule-of-thumb: Music budget for a film should be appx 10% of total production budget. This includes: composer fee, music sv. fee, clearence fee, and all licenses of commercial music. Does not include: music editor's fee, sfx, foley. "It is extremely important to have a contingency line item in the budget, in case there are overages."

Music sv. are normally in charge of filling out cue sheets (which then go to PROs). They also usually compile the list of songs which runs in a film or show's end credits.

Music Sv. contracts normally include:

Contracts for SOUNDTRACK ALBUMS should be (and usually are) entirely separate from the contracts for the film/tv show -- because they are a separate medium from the film/tv show. Wentz advises against including mechanical royalty rates and advances in the SYNCH licenses (because mechanical and advances are specifically for the ALBUM -- which might not materialize is the film flops).

CH5: Licensing REQUESTS

The HARRY FOX AGENCY collections MECHANICAL ROYALTIES. They have a database called SongFile.

If an intangible song is in the public domain, it does not require a SYNCH LICENSE. (Of course, any recordings thereof will require a MASTER SYNCH LICENSE).

Media Permissions (Likely needs updating)

MEDIA
LICENSE NEEDED
SOURCE
Film
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
TV
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
Internet (streaming)
Performance, Master
PRO
SoundExchange
Internet (download)
Master
Master owner
DVD
Synch, Master
Publisher-writer
Record Label
Master owner or Artist
VOD
Synch, Master
Publisher-writer
Record Label
Master owner or Artist

"Generally, the clearance process starts with requesting permission from both the master owner and publishing entities at the same time. Occasionally, when it is doubtful a song will clear and the song is written by the same person or group who is performing the song, it is best to approach the publisher first. Because the publisher generally receives permission from the writer, and the writer tends to be in the band, there is a hope that the band's approval could lead to the master-use license."

p. 64 has tips on emailing protocol and etiquette.

Please keep in mind that copyright holders are being inundated with requests.

Permissions take time, anywhere from 2 weeks to 2 months — or longer. License req. for little money or free may take much longer.

What to include in a license req

Media Rights List (see p.70 for definitions)

CH6: Pricing and Negotiation

If your request is accepted, the licensor will normally reply with a quote (which is usually good for 90 days). However, this is not a final fee — from here, you can negotiate, by altering the terms, etc.

Most Favored Nations (MFN) Clause = Indicates that the highest price paid to one item will apply to all items. This clause can be used within a single item (ie: the intangible song's owner /publisher may request MFN with the master's owner / record label), or between items (ie: a song's owner may request MFN with the other songs in the project). The limitation on MFN is that the items must be comparable in use (ie: a "theme" doesn't share MFN with a track used diagetically in a cafe).

Step Deal = An arrangement where the licensor received extra fees if the project meets certain thresholds (eg: makes over a certain amount at box office, or is released in a different media format). Convenient for low-budget projects (the steps are rarely triggered).

PBS is a special case: they don't require synch or master licenses to use music during broadcasts (Harry Fox tracks and pays the Mechanical Royalties). However, PBS does need licenses if they release the program on DVD (etc).

Note: "Licensors should understand the real number of persons a new medium is reaching. Although the internet can theoretically reach a trillion people, any given piece will only be seen by a limited number."

An Administration deal is when an established publishing house controls the management of the copyright in exchange for a piece of the royalties, but no ownership is involved.

CH7: Music Placement and Representation


Placement Reps, Music Sv., and Creative Directors get your songs placed in stuff. As an artist, you sign up with one. "Generally these are short-term agreements, such as one year with automatic renewal." These come in two flavors, PERCENTAGE DEALS and RE-TITLING (where the co. takes a percentage of the publisher share of royalties).

"The job so much depends on relationships and trust. Supervisors are saying if they don't know where the music is coming from, they just throw it away."

CH8: Responsibilities of Content Users and Content Creators

Licensing quotes, confirmations, and draft memos are plenty for Errors and Omissions Insurance (required of filmmakers prior to distribution). Some larger distributors require all documents to be countersigned.

Admin you should be doing: