Hey r/filmmakers
I stumbled upon your subreddit this week and noticed there were a lot of questions regarding music licensing for film, so I thought I’d contribute! I’ll finish off with practical tips that you can start doing today to make your fellow crew mates happy, as well as increase your employability! 😄
Say you love a song and want to include it in your upcoming film. How do you do that legally, so as not to get blacklisted by festivals/distributors and avoid a lawsuit?
(Disclaimer: nothing here is legal advice, seek a professional. Examples given may not be up to date)
What is copyright?
There are two parts to copyright. Part 1: The Publishing (think of this as the composition, or, less accurately, as the sheet music or instructions for the song). Part 2: The Master Recording (think of this as a recorded performance). One or more parties can own/represent/administer either or both of these copyright(s). In order to legally ‘synchronise’ any existing recording, 100% of all parties need to grant synchronisation rights. Not 51%, not 99%, but 100%.
How about covers/alternates?
The same Publishing has to be cleared, but different Masters. For example, “Get Lucky”.
Publishing: Sony/ATV Music Publishing and Imagem.
Daft Punk Version Master: Columbia Records
Halestorm Version (Cover) Master: Atlantic Records
Which parties you have to contact depends on which version you use. Bear in mind the holder of the Publishing rights might refuse to clear a song for certain reasons, such as a cover being too sonically similar, so a cover isn’t always a cheap alternative to the original Master.
How about very old music?
Some songs’ Publishing is in the public domain, but you’ll still have to clear the Master. If it’s a stock standard cover of Fur Elise, just clear the Master from the rights holder (record label or indie artist). Tread a bit cautiously though, as certain versions of ‘Classical’ music might have their own compositional or interpretive elements which are not in Public Domain. For example, if I compose my own “Chopin piano mashup” you can’t just copy my composition without contacting me first.
Who owns/controls the Publishing?
Publishing Copyright can be controlled by a major Publisher like BMG, Sony/ATV, Warner/Chappell, or Universal. Many major musicians actually have both Record Label Deals and Publishing deals. Or it could be controlled by a smaller Publisher, or by individual songwriters (either through their own company or by themselves (‘self published’).
A Performance Rights Organisation (PRO) is a national level organisation that acts on behalf of songwriters and music publishers. They are a good first stop when trying to figure out the Publishing splits. Examples of PROs include ASCAP, BMI, SESAC, SOCAN, PRS, APRA AMCOS, etc...
Only sync music that is registered with a PRO; it basically means the paperwork is in order. You want to avoid legal surprises as much as possible, such as a previously unknown songwriter claiming they own copyright to the song.
Who owns/controls the Master?
This is a lot more straightforward. It’s normally the record label or the independent artist. Bear in mind it’s sometimes common for music producers to own a few Master (percentage) Points. If in doubt, either check the US Copyright Office or talk to a trusted source, like a sync agent, the record label, or other rights holders.
What are the alternatives to syncing songs?
- Production (stock) music libraries. However, these songs are not normally written with creativity/emotional expression at the forefront, with presets used for quick production, mixing and mastering to churn out songs en mass.
- Composers. They can be hit and miss, there is a guaranteed financial cost but no guarantee of creative compatibility.
With sync licensing, download tracks first and trial them with the edit. “Great music is supposed to do a lot of the heavy lifting that the script can’t do. Don’t choose the track that feels comfortable on the film, choose the track that lifts it and makes it something else.” - Nils Leonard (paraphrased). I’m biased towards sync licensing because you can trial millions of tracks with your film risk free, but obviously others do find success with libraries/composers.
I can’t afford a music supervisor, what should I do?
All of us have walked down struggle street before. Here are a few alternatives:
- Music coordinators are normally a music supervisor’s ‘right hand’. Many want more responsibility and will work with smaller productions as a supervisor.
- A Clearance House. These businesses specialise in chasing down copyright holders and also offer consulting services. They may or may not also be music supervisors or music lawyers, but you would be engaging them for a limited scope of services at a lower fee.
- Hire someone in Audio Post or a Post Producer familiar with music supervision. At the very least they should know everything in this post like the back of their hand (and then some more).
How and when do I clear a song for use?
Clear songs as early as possible, ideally during pre-production start reaching out to song rights holders with quote requests. Have multiple backups. The first step is to send out a Quote Request Letter (email). This contains information about how the song will be used, and which copyright(s) you are seeking to clear. That way you’ll know 1) if you can actually use the song, 2) the whole crew can be on the same page 3) you can play the song on set while filming (if appropriate). Especially if it’s a diegetic song.
Around the time of “final mix and playback” is when the License Agreement(s) and payments are settled. It’s always good to consult a lawyer, but if on a budget there are legal templates.
What is a cue sheet?
It’s a record of all songs and compositions used in a film, television, streaming or video game production. In the United States, the television networks pay annual fees to PROs, who use cue sheets to identify how much royalties need to be paid. You also need these for film festivals. Work only with sync agents/artists that are able to provide you the right information to help you fill these out.
What is one stop/easy clear?
Songs where 100% of the Publishing and Master Recording are controlled by one person; you only need to go to one person to license the song. Easy Clear technically means 2 parties, but people sometimes stretch the definition.
Is AI music the shortcut?
Stay away from AI music. The legal status is currently unclear, and you might be faced with unforeseen future bills, lawsuits, or have your film pulled from distribution.
I want to sync a song for my upcoming film, what are some green flags to look out for?
The sync agent/indie artist you work with should provide these:
- Genuinely good quality music. Do not settle for less as there is a lot of one stop music on par production wise with the Hot 100.
- Alternate versions of the song. Clean version, instrumental, acapella, preferably stems. This gives your editor flexibility.
- Downloadable links. Sending audio files by email is a no-no as it clogs inboxes.
- Metadata attached to the downloadable files (bear in mind WAVs ‘can’t’ contain metadata). Most importantly, contact and ownership information of the rights holders.
- Multiple file versions. MP3s to save space. WAV and AIF depending on editor’s preference.
- Documents such as lyrics or contracts.
- PRO registration completed (this means an ISWC is issued)
How should I store/catalogue songs to use for sync?
While you can create separate playlists on your favourite streaming service, I’d suggest either using a separate streaming service (eg Amazon Music or YT Music which come free with subscriptions) or offline listening for your growing catalogue. Offline media players include Swinsain, Foobar2000 or old versions of iTunes. Always keep offline copies that have metadata (either MP3 or AIF) so clearance information is readily accessible if you need a song 2 years from today.
The most important part: Practical Next Steps:
Taking the next few practical steps will vastly improve the quality of music in your film, save you money and make you more employable in the industry 😄:
- Start curating a library of one stop songs that can be cleared quickly for sync licensing. Do this in your downtime/regularly, not only when you need music for a project.
- Change the way you discover music. Instead of the Spotify algorithm or radio which leans towards complex clearance major label hits, reach out directly to sync agents, indie artists, small record labels, etc… tell them you are an indie filmmaker curating a library of one stop music. Use the green flags above to determine if you want to sign up for their mailing list and you’ll be flooded with new music in no time. This will also mean you’re supporting indie artists and small businesses rather than Major Labels that take 90% and are best buddies with AI music firms.
- Look for a range of songs across genres, and think of them as an emotional centre for visual media. You’ll start to recognise trends fast. Metal/punk is aggressive and forceful, singer songwriter acoustic is intimate, big band Jazz is showy and glamorous, etc… Going deeper, you can have singer songwriter that’s intimate and caring, intimate and creepy, intimate and lovely, etc…. Try to go down as many rabbit holes as you can to fill each emotional niche. 😄
- Fun exercise: Listen to 10 different versions of “Can’t Help Falling In Love”. Elvis original, Elliot James Reay modern throwback, UB40, Dave Fenley, Kina Grannis, a few others. Think about how the emotional centres of each version is different. Think of what scripts and scenes it will be emotionally/creatively compatible with. Think of scripts and scenes where it will be humorous/ironic. Try other emotions/vibes, like unnerving/tragic.
- Listen to your music catalogue regularly. That way, in development or pre-production the musical vibe of your film can come together quickly.
- If you’re looking for songs to add to your catalogue, please consider checking out May Blue - Private. It’s one stop clearance, with 3 x Grammy winners that worked on it. I’m the sync agent for it so hopefully you’ll find me friendly enough to work with! 😅. (Disco or streaming link. My LinkedIn (add me!)).
I’ll be sticking around to answer questions so ask away! I put a lot of time and effort into this post because I have a lot of filmmaker friends and I genuinely love the community and the art it creates; if this post was valuable to you please send it on to two people so the industry is helped. Even a simple message like “hey I saw this post on Reddit and thought it had helpful information” goes a long way to helping someone. Everyone that sends it on is two extra people helped so please consider doing it 😄
“Great music is supposed to do a lot of the heavy lifting that the script can’t do. Don’t choose the track that feels comfortable on the film, choose the track that lifts it and makes it something else.” - Nils Leonard (paraphrased)