The main issues that most people face when wanting to include music in their films are how to get the rights, and how much it will cost. In actual fact, getting hold of a song for your film can be relatively easy.
This article will attempt to explain how to go about obtaining those music rights for your film. So that you can ensure that you have all the right permits in place before shipping off into post-production.
Read more: How To Make A Silent Film?
Table of Contents
A Brief History Of Music Licensing
In the past, filmmakers would often just use any old piece they liked and hope that no one came knocking on the door looking for their money or asking them how they got hold of the music used in their film.
However, in 1991, the American Society of Composers and Publishers (ASCAP) and Broadcast Music Inc. (BMI) got together with the Motion Picture Association of America (MPAA) in order to set up a licensing program that filmmakers could use to obtain the rights they require for music used in their films.
What Is Music Licensing?
In layman’s terms, music licensing is how you get permission (or a license) to use someone else’s original musical material in your own work. However, there are various types of licenses that can be obtained. Some more common ones include:
Synchronization License – This is how you obtain the right to synchronize your film with an original piece so that it plays out as part of your project; this would mean getting the rights for both recorded audio and visual elements.
Master Use License – This type of license allows the filmmaker to make copies from an existing recording or master tape in order to distribute their film.
Mechanical License – A mechanical license refers to how many copies, how many times, and how long you can use someone else’s music in your project.
Top Five Secrets For Music Publishers
Here are 5 secrets to getting good music licensing. If you follow these secrets to the latter, you should be able to get to generate a good income.
Step#01 – The Duration Of The Cue
If you are using a song for 16 seconds, it will cost the same. As if you are using it for 2 minutes.
Step#02 – A Piece Of Music Is Negotiable
The rate for a piece of music is negotiable. The fee you pay the publisher depends on how you are using their property and how long it takes to clear all the rights involved.
Step#03 – The Public Domainouble Check
If you think a music record is in the public domain or was written before 1923, double-check. In 1992 the U.S. Congress passed the Copyright Term Extension Act that gave copyright protection to works that would have otherwise fallen into the public domain for 20 years after it was created.
As such, if you are not sure how old the music is you want to use, double-check with a professional music lawyer about how long it will take to clear all rights involved for your project.
Step#04 – Contacted The Publisher And Master
If you’ve contacted the publisher and masters and have not heard back from them, this does not mean approval. In fact, it just means that the rights holder hasn’t had a chance to get back to you yet on how they want to proceed with your request.
It may take anywhere between 2 weeks to 6 months or more for the rights holders to come back with their decision on how they wish for you to clear all rights involved in your project.
Step#05 – The Music Documentary
If you are doing a music documentary, you must make sure that you can secure the rights beforehand. The last thing you want to happen is for your film not to be able to use any of the songs available because they aren’t in the public domain or no one responded back with how they wish for their song used.
Conclusion
Although the steps above may seem like common sense. t is best to learn how to properly secure the rights you need for your film as soon as possible.
Bringing in legal help when needed will ensure that you are able to do so without any problems. Every filmmaker has their own unique situation and securing music rights should be handled on a case-by-case basis.
