FREQUENTLY ASKED QUESTIONS
about licensing music for independent film
by Alexander Battles, Director of Music Clearance
Right now, my film is only showing in film festivals. Should I bother to license the music?
Yes. Just as filmmakers use film festivals as an opportunity to showcase their work and to network with other members of their profession, representatives of record labels and music publishers also attend film festivals to meet with filmmakers. Record labels and music publishers (music rights holders) send representatives to film festivals to view the films using their music, as well as to try to place more of their music into the next year's films. What this means is that even at a small showing of your work, the owner (or his representative) of a piece of music in your film may very well be in the audience. And if you have not received permission for the use of that music, you have essentially been caught infringing upon copyright. When the music rights holders do catch up with you, you will not only will you have to pay a license fee, but, you may have to pay an additional penalty for copyright infringement.
But I'm only showing my film at very small festivals. Do I really need to license the music for this?
For obvious reasons, this is not a practice we recommend. More importantly, the festival clearance process is a relatively inexpensive way of finding out whether or not an artist or songwriter approves of the use of their song in your film. This way, you have a good idea of what will happen when you eventually set out to acquire rights for television, theatrical, or video distribution. (Note: theatrical, video, and television rights are often collectively referred to as "broad rights", and will be referred to as such for the remainder of this article.) That way everyone interested in the picture doesn't end up falling in love with a song which might be denied when you try to license it for distribution.
I've heard that record labels and music publishers will approve festival use of a song, but will not grant theatrical, television, or video rights until a film has secured distribution. Is this true?
Yes, and no. Smaller music rights holders eager to have their music used in your film may be willing to cut you a broad rights deal before you have secured distribution for your film. But often the major music rights holders representing established copyrights may not.
Why?
Because they want to give you a fair price. (To ask for the rights for the use of their music in your film in perpetuity is a pretty big deal.) They want to make sure that they get a fair price for the rights they're granting you, but they also want to make sure that you get a reasonable price too. If a music rights holder knows nothing about your film, and you demand to know what broad rights will cost, they will probably give you a very high number. They do this because they have to assume that your film will be the next Blair Witch Project. It may not be, but they have to cover themselves. The more that they know about your film, its' budget, and more importantly, its' distribution deal, the more likely they are to work out a deal that is fair to both parties.
Doesn't that mean that once I get the music mixed into the film that they can charge me whatever they want for theatrical, television or video rights because they know how much it will cost to remix the film?
No. This is a common myth, but it is not really true. Like many myths, it's hard to pinpoint the exact origins of this sentiment, but it's been around for awhile. One theory is that this myth has arisen from the "sticker shock" associated with going from festival rights to broad rights. While festival rights fees hover in the hundreds of dollars, broad rights fees can be in the tens to even hundreds of thousands of dollars.
How does Signature Sound, Inc. fit into this? What services do you provide?
We provide all the music services required to finish your film including:
- Budgeting and project management
- Music supervision
- Festival clearance
- Television clearance
- Theatrical clearance
- Video clearance
- Internet clearance
We negotiate all rights at the best possible terms, and review and deliver all licenses.
Why should I choose Signature Sound, Inc. to clear my music?
Three reasons:
Experience: Signature Sound, Inc. has the knowledge and the contacts necessary to get you the rights you need to distribute your film. We have a long list of credits and years of professional experience as musicians, supervisors and clearance experts. This, in turn gives you...
Efficiency: Because of our long-established working relationships with publishers, record labels and artist management, Signature Sound, Inc. can get responses to your requests in a timely manner. We know how stressful last-minute music decisions can be.
Value: Signature Sound, Inc. offers total project package pricing. When we give you our initial estimate for services, that usually ends up being the final invoice for services as well. No hidden costs. No hourly fees. We'll work with you until you've achieved the results you feel are the best for your film.
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