MUSIC RIGHTS
MUSIC RIGHTS
Introduction to Music Rights in Motion Pictures
By Brandon A. Blake
Industry Practice-Standard Licenses for Films
In the film industry a filmmaker must obtain two different kinds of
licenses to any song or musical composition before he can use that song
in a film; the synchronization license, or a "synch license," and
the performing rights license. If the filmmaker wants to use a prerecorded
song, for example a track off of a favorite CD, then the filmmaker must
also obtain the sound recording license to that song.
The synch license gives the filmmaker the right to synchronize the music
with the film or video production, to literally record the music onto the
film or tape. However, this is not the right to record a song directly
off of a CD, tape, record, or other media. That right is granted only with
a sound recording license.
The performing rights license gives the filmmaker the right to show
the film or video to the public with the recorded music. The performing
rights license is needed when the filmmaker, theater, video distributor,
or other distribution outlet exhibits the film. It is the responsibility
of the filmmaker to secure a performing rights license, even if the film
is eventually sold to a major studio.
Moreover, performing rights come in two varieties; grand performing
rights and small performing rights. Grand performing rights
give the filmmaker the right to use the song dramatically; for example,
a movie based on a song or a sequence in a film edited to match the music.
Small performing rights give the filmmaker the right to use the music as
background sound. Many uses of music in a film are dramatic and therefore
require grand performing rights.
The sound recording license gives the filmmaker the right to copy a
song directly off of a prerecorded source, like a CD or tape, and use it
in the film. This is not the same as the other two rights above and must
be obtained in addition to the other two rights if the filmmaker is going
to record a song directly off of a prerecorded source.
These three licenses give the filmmaker the right to use different aspects
of a song or a recording. If the filmmaker can hire a composer to perform
an existing song, then all that is required is to buy synch and performing
rights to the song. However, if the filmmaker wants to use the music directly
off a recording, like a CD, tape, or record, the filmmaker must buy the
synch license, the performing rights license, and the sound recording license.
Where to Obtain Licenses
Generally, there are four different groups that can be contacted about
obtaining synch, performing, and sound recording rights licenses; the publishing
company, the songwriter, the record company, and performing
rights societies.
The publishing company: This company controls the inventory of
rights of a song; often it is a division of the record company. Publishing
companies usually own the rights to a song and can grant the synch and
the performing rights licenses (both grand and small performing rights).
The songwriter: This artist wrote the lyrics and the composition;
he may or may not be the person who actually sang and performed the music
on stage. The songwriter may be able to grant grand and small performing
rights licenses, although they often cannot grant synch rights.
The record company: This company records the music and releases
the CDs and tapes. The record company, the company that releases the recording,
may be able to grant the synch and grand and small performing rights licenses.
The recording company is typically the only one that can grant the sound
recording license.
The performing rights societies: Companies like ASCAP and BMI
are performing rights societies. These companies have obtained the small
performing rights licenses to tens-of-thousands of songs, and can act as
a guide to finding out who owns the rest of the rights in the songs.
The Cost of Licenses
The costs of rights in songs are very expensive compared to the budget
of most independent films, especially since a song is only a few minutes
long and the feature film is usually at least ninety-minutes long. No filmmaker,
even Hollywood directors, can afford to score a film completely with hit
songs.
Sync licenses: Synch licenses can be reasonably inexpensive for
less well-known songs and performers.
Performing rights licenses: Small-performing rights licenses
are less expensive than grand performing rights licenses. Grand performing
rights licenses are expensive, vary in price depending on the use, and
therefore require individual negotiation of the terms. For example, a song
used in the opening credits would cost much more than a song used in a
brief restaurant scene.
Sound recording licenses: These rights can generally only be
obtained from the record company and cost about as much as small performing
rights. However, prices and availability of these licenses vary because
they are more recently developed rights. Some older recordings may not
have any sound recording rights at all.
TIPS FOR MUSIC LICENSES
The owners of song rights may be willing to negotiate lower rates depending
on the intended use of the song and the status of the filmmaker. If the
filmmaker is a documentary maker or student, the rights owners may be willing
to cut their prices substantially, depending on the use of the song. Similarly,
if the film is intended solely for festivals or non-profit uses, the filmmaker
may be able to negotiate a lower price than for a strictly commercial use.
Festival Rights
Festival rights serve as an alternative to standard music licenses.
Festival rights are synch and performing rights licenses sold at somewhat
reduced rates to filmmakers. Festival rights give the filmmaker only the
right to exhibit the film or video in film festivals. If the filmmaker
wants to expand distribution to theaters, television, video, or some other
distribution outlet, then the filmmaker must obtain standard synch and
performing rights licenses for the production. Festival rights typically
do not include sound recording rights.
Unsigned Performers
Often cities have a local music scene composed of songwriters and performers
who have not signed with a record company. If a band does not have a connection
with a record company or a publishing company, writes or performs original
material, and has no existing contract obligations, the filmmaker can enter
into a simple agreement with the artists to use their music. These artists
can grant all of the required licenses because they have not yet sold any
of the rights.
© COPYRIGHT 2001 BLAKE & WANG, P.A. ALL RIGHTS RESERVED.
