Outline of presentation by David Pencil on 10/11/2010
• How to get music in your film:
-o Hire a composer – “work-for-hire”
-o Use Royalty-Free Music from a Production Library
-o License a pre-written song
• Licensing Requests/Negotiations
-o Pick a song you want to use.
-o Determine who the Artist, Production Company, and Record Company are. (they may be same person/entity)
-o Who holds the rights to the SONG? Production Company
-o Who holds the rights to the RECORDING? Record Company
-o Contact Production Company to obtain a Synchronization Rights Agreement
-o Contact Recording Company to obtain a Master Use Agreement
-o Negotiate with both regarding fees.
——Popularity of the song
——Placement in the film
——Length of play
——Scale of your film/music budget
——Special rates for limited use, festivals, etc.
-o Get appropriate legal forms signed and payments made. Major companies may provide their own. If you need to make one, templates can be found at: www.versusmedia.com/downloads.php
• Rights and Royalties
-o Intellectual property = PROPERTY. Someone owns it. If you just take it, you stole it.
-o You have to ask to use someone else’s property. Production/Recording companies own it.
-o You have to ask to perform someone else’s work.
——ASCAP / BMI – Performing Rights Societies
——Blanket licenses to venues.
——Venues pay into a pool. PRS’s draw from pool to pay composers.
——Cue Sheets need to be sent to ASCAP / BMI for composers to get paid by them.
——The Production Company of the film is responsible for this.
——Royalty-Free Music does not mean, don’t tell the PRS, it means you pay one fee.
-o Mechanical Royalty – Soundtracks
-o Reuse Royalty – if union musicians were used
-o Videogram License – specific to DVDs, etc. (may be covered in sync license)
• Final Thoughts
-o Use contracts all the time, and file them. You never know what might happen.
-o Entertainment Lawyers specialize in these kinds of contracts. If you’re unsure about what you are dealing with, contact one, or work with one to set up a contract.
-o “Deal Memos” are Plain-English contracts that spell out the key points in advance.
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