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 |
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:
"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.
CR Clearance for a song requires permission from both copyright holders:
Licenses typically include restrictions in territory and time. When the license concludes, you are obligated to return ownership (like a library book).
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.
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.
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.
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).
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 |
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.
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.
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."
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.