As a filmmaker it is your responsibility to clear music rights. You cannot expect a distributor or film festival to do it for you and if you are a new filmmaker it is highly likely you will have to do it yourself.
Unfortunately music is not always straightforward to clear and, more often than not, you may have to change your plans. But there are actually things you can do to simplify the process and make sure you deliver the music fully cleared.
Types of Music rights and who owns them:
There are two types of licenses that are potentially needed for each song that you include in your film. The first license is called a synchronization license. A “synch” license allows you to use the underlying music composition of the song. The songwriters, or their publishers, grant this license. The second license is the master use license. This particular license is granted by the artist’s record label and gives the film company the right to use the recording of the song. In the event that the artist is unsigned, this license is granted by the artist.
Once you’ve determined who owns the publishing and the master, you must contact them separately and ask for permission to use the song. This can get tricky when there are a lot of songwriters involved. It is extremely important to evaluate the song’s owners and popularity prior to including it in the film and becoming too attached to it. Keep in mind, the more artists, songwriters, publishers, etc. involved, the more approvals and money will be required.
Finding the right owners:
So, you know what licenses you need but how do you find the creators of the song? Well, you probably already know the artist of the song that you want to use. In the event you don’t, Shazam and other apps allow you to play a song and it will tell you the name and artist of the song. To find out who owns the synch rights to a song, you can check with the US Copyright Office and/or the three performing rights organizations, ASCAP, BMI, and SESAC. The information for the owner of the master rights can be found in the album booklet. The iTunes store list the copyright holder of the sound recording on the page of each single and album.
Cost :
As with anything else, the licenses to use the music will cost you. There are many factors that go into cost. How is the song being used? Is it in the opening and/or closing credits? How popular is the song? How many times will the song be played in the film, and for how long? Are a number of songs from the same publisher included in the film? …amongst many other things. Music publishers typically charge anywhere between $10,000 and $60,000 for a synch license. Likewise, record labels typically charge between $10,000 and $70,000 for a master use license. These numbers, however, are very fluid! There are so many factors, including the ones listed above, that could go into whether those numbers are smaller or greater. The popularity of the song/artist also plays a huge role in determining how much they will charge you for their music. For independent filmmakers, some publishers/labels will allow for a reduced fee with certain stipulations. One popular stipulation is that the film can only be shown at festivals or in an educational setting. For festival rights, most songs can be cleared for around $500 per side.
Some music publishers may also be open to doing a “step deal.” A step deal allows the indie filmmaker to use the song for little to no fee, but includes a clause that provides for additional compensation if the film achieves a certain type of commercial success or secures a mass distribution deal.
There are many more factors that may need to be considered and the licensing process can get much more complex. One option is to hire a composer or get a musician friend of yours to help you out. A composer is not only much better value for money for you as he will write the music for your whole movie rather than just a scene but you will also have something original which you will own the rights to. Rights of course which could be exploited and bring an additional source of revenue from your film. In any event, it is always best to consult an attorney or someone with music licensing experience if you are planning to buy tracks and scores for your film.
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