What Music Producer Should Know About Music Rights (2)
Original Music Arrangements of Popular Music
Original music is the main form of music used in films, TV and commercials. The composer, arranger and musicians usually work for a creative fee and may not receive repeat fees according to the medium involved. In the case where a producer wishes to record a well known theme, he/she should purchase a synchronization license from the music publisher or the representative of that work. The license obtained will frequently be set at a fixed fee. The license will specify that the use is instrumental and/or vocal and will list the geographical areas of usage. In the case of commercials, it will limit the months or years that the license will be in effect. Of course the music must be arranged and recorded in the same way as an original score.
Pre-recorded Music Libraries
Music libraries have been specially created to avoid the often tedious procedure. A library is both the publisher of the music and the record company and therefore only one clearance has to be made. A wide range of music is available from theses libraries and they often contain music that would be difficult to obtain from a commercial available recording, as they have been especially produced as a service to the industry. Payment to the Music Library or its again is made only once for a specific production and the film or commercial may use the music indefinitely in connection with that production. It is important to report any additional use if the same music is used for any revisions, new versions, or when a change is made in the length, script or pictorial content of the production. Additional payment must then be paid to satisfy the music copyright. Rates are normally set at a fairly low level for all recordings within a particular library’s catalog and are available on application to that library or it’s agent.
Cue Sheets
Cue sheets must be prepared for all music used in any production. Complete details (covering titles, composers, record numbers, publishers and separate timings for each selection used in the production) should be submitted initially to the music supplier for the synchronization license to be issued. It is also vital that a copy of the cue sheet be sent to ASCAP and BMI in order that performing fees may be collected on behalf of the publishers and composers. Forms for this purpose are available from these two societies.
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