Music Licensing for Films: What a Producer Should Know | Paulo Leite | Skillshare

Music Licensing for Films: What a Producer Should Know

Paulo Leite, I help filmmakers.

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10 Lessons (1h 49m) View My Notes
    • 1. Introduction

    • 2. Functions of Film Music

    • 3. The Basics of Music Rights

    • 4. The Music Ecosystem

    • 5. Objective Negotiating Terms

    • 6. Subjective Negotiating Terms

    • 7. Collecting Societies

    • 8. Expensive Masters

    • 9. Public Domain. Is it Free?

    • 10. Videos for YouTube


About This Class




Music is one of the most crucial elements in a film. Every film lover know this. However, for filmmakers, music can be the source of major headaches.


Because the act of putting music on a film is not easy, fast, nor it is cheap. It can cost you lots of money and the decisions you must make can affect you and your film for years... and in ways you cannot foresee.



MUSIC LICENSING FOR FILMS: WHAT A PRODUCER SHOULD KNOW will explain to you, the entire process of getting the music you want into your film. We are going to explain:

  • What are the types of music rights.
  • Who are all the parties involved in the process.
  • What rights you should pay for.
  • What options you have that can lower the costs of music rights.
  • How the music ecosystem works.
  • What elements can be negotiated.
  • Who you should talk to.
  • Who you should avoid talking to.
  • What elements can influence the price of a license.
  • How bad decisions can hurt your film (and your career).
  • ...And so much more.

This class will help you navigate the complex world of music licensing for films. If you are a producer, a director or a screenwriter - and you have a project - you know you will want to put music in your film, TV series, video games, web series or any other audiovisual content you may be working on. I will cover all the aspects, elements and steps you must understand and explain to you the whole process.


Because we both know you will be needing music on your film. Even if you are still writing your script, I KNOW YOU HAVE SONGS IN YOUR HEAD THAT YOU WANT ON THAT GREAT SCENE! Well, I will tell you exactly how you should proceed on this and many other cases.




Because I am a filmmaker just like you and I know - first hand - how the film market can be merciless when it comes to films that have problems with their licensing. In fact, I have seen countless filmmakers go hysterical because they did not think about these issues BEFORE writing, budgeting, production and post. I lost count on how many hours I spent with filmmakers on the phone helping solving the mess they put themselves into.


Seriously! Take this course and get a clear understanding on all the things you need to know. I made this course from the book I wrote on the subject - MUSIC LICENSING FOR FILMS: WHAT A PRODUCER SHOULD KNOW.


The things you will learn here will give you an edge over other filmmakers and make your live easier. You will able to solve the many complex scenarios a filmmakers faces when it comes to music licensing. I also threw into the class, lots of examples that will help you understand this complex subject in no time.


I will be compiling your questions and helpful information on new videos I will keep uploading.


Have a great career!


1. Introduction: Welcome to the course music licensing for films. What a producer should know My name is Pablo Lady and then created this course in order to help you navigate through the process of getting the music you want into your film, TV series, video games, Web series and other audiovisual content. This class is the introduction toe our course. This course has several goals. The first is to help you understand the impact of music on a film. Music can do a lot for your film. Therefore, it demands attention and care. Together, we will identify all the elements you need to take care of in order to have the music you want. Third, I will explain the steps you need to take in order to make sure you get those rights. I will guide you through all the options and decisions you must make along the way, and also I will help you master the entire licensing process so you can start right away. In the end, you'll be able to take a look at my Q and A where I have compiled a great deal of questions people have asked me through the years. So let's start there are two types of music in a film. They're called Dietetic Music and known Dietetic Music. Dietetic Music is heard by the characters because it comes from inside the scene. For example, when a character turns on the radio, enters the club, goes to a concert, sings its old, energetic music known dietetic music is the music on Lee the audience can hear. That's the music that comes from outside the narrative. For example, the music you hear during a car chase, a murder scene or other situations where the characters could never hear the music, for example, during the shower scene in Alfred Hitchcock's classic Psycho. Now, here are some of the basic questions I get when it comes to music licensing. What should I get? Where do I get it? How can I use it? How much do I pay for it? What rights and obligations do I have in this course? I will address all of those issues and many more. We will be talking about artists who sing and perform the music you want. We will be talking about music labels that many times can be a big part of this equation. We will be talking about composers who are the brilliant minds behind the immortal music you love and want to put in your film. We will be talking about music publishers and entity. Lots of filmmakers don't quite understand. They've been around for a long time, and they are as important as anything you can imagine. We will be talking also about collection societies, another entity few makers always ask me about. By the end of this course, you're going to know exactly their role in the music licensing eco system. And of course, we will be talking about films, lots of them. That's the thing that brought us here. Ain't that right? By the end of this course, you will know exactly what to do in order to get the music you want into films, TV series, video games, Web series and other audiovisual media. When our next session will start with the functions of music on the film, see you there 2. Functions of Film Music: Welcome to music licensing for films. What a producer should know. I am Powell 80 and today we'll be talking about Why should I pay attention to music? Here's a fundamental truth. Music is one big production value. It helps lift your film from a crowded market. It gives your film an edge over other films. Keep in mind that at different points in your films life, you'll be looking for a sales agent or distributor. In fact, you will talk to many of them. They will all look at your film and evaluate its qualities. The music you have in your film is one of those elements that will be judged to aspect will be evaluated here, how your choices help make your film great and how well you handled licensing regarding those choices. Here's how important music is to a film. It creates and amplifies emotions. In the British classic brief encounter, the few maker uses Sergei Rachmaninoff's Second Piano Concerto. As we delve deeper and deeper into the characters most inner thoughts of loneliness, frustration and sadness. She cannot speak to anyone, and through the music we do get closer and closer to her emotions. Taj, don't Howdy. I'm perfectly No. How can I possibly to say that? Don't hurry. I'm perfectly happy. Anyone Not, I suppose, that anybody's ever perfectly happy, really. But just to be ordinarily contented to be a piece, it's such a little while ago reality. It seems an eternity since that train went out of the stage, taking him away into the darkness in Forrest Gump. We listen to Jimi Hendrix quietly in the background. As Forest keeps his attention on Jenny. When she gets left by a man, the music becomes louder, telling us exactly when Forest his mind has gone from attention to action and all those who because we black passes our debt, the war and Vietnam Yes, we are against any war with black soldiers are sent to the front line to die for a country that hates them. Yes, we are against any war for black soldiers go to fight, come to be brutalized and killed in their own unities that they sleep in their beds at night. Yes, and it sinks emotions between characters and the audience music and move the audience to feel what you want them to feel. And at the precise moment you want them to feel it. In Jaws, music sinks what's happening in two locations. The girl being attacked and her friend lying drunk on the scent, oblivious to the ongoing attack. Music sinks a contrast that's frightening. - Also in Forrest Gump, Robert Zemeckis uses the Progression in Free Bird by Leonard Skinner to show us the evolution in the character's mind. As the song becomes heavier and faster, the audience gets pulled into genius. Suicidal drive music also captures the spirit of an era much faster than the image and with the depth image alone cannot reach in the conjuring, too. The few maker uses London calling by the Clash to transport us back into the lives of schoolgirls in London during the seventies, - Keith and I got a sneak outs. Not with this friend Michael. He wants to meet you, by the way. No, my mother. In the opening sequence of contact, the filmmaker uses a montage of dozens of classic songs from all decades in order to show the audience how the journey of radio waves travelling through space can take us back in time, further and further towards the distant stars. Obviously a major, is it. I'm not well. A sniper has fired back , could you? It manages time and expectations by playing with the audience and the narrative in order to prepare you for a surprise or a shock. In American Psycho, the character uses music to distract and confuse his victim as he prepares a murder we've been expecting for ages. The song simply crowns that moment. Hey, Abu's! Yes, Alan, Why the copies of the style section played Give a Dog chow or something. You know how it is that raincoat. Yes, it is in 87 released This four, their most accomplished album. I think their undisputed masterpiece is Hip to Be Square Song, so catching. Most people probably don't listen toe, but they should, because it's not just about the pleasures of conformity and the importance of it's also a personal statement about the band itself. Okay, Poltergeist uses a very distinct que in order to construct the feelings of fear between Robbie and the clown. The music puts the audience on track to an attack that is certain. All right. Music is also a great marketing tool that eliminates the effort of selling a film. Just listen to the trailer of Wayne's World and Bohemian Rhapsody, and you see how great songs helped create fascinating characters and convince you to watch those films way. Yeah, you're a legend. We're all engines. Music sticks to a film, making it recognizable, bringing it back to the audiences mind whenever they hear the song. For example, play Joe Cocker's version of You Can Leave Your Head On, and lots of people will remember King Bass singer Striptease on 9.5 weeks play Trick buries You Never can tell, and everybody remembers John Travolta and UMA Thurman dancing on Pulp Fiction, waiting in the way you can see that the air, the truth of the matter music add subtle commentary on the images you will see. It's not a coincidence that the napalm feels it to screen with fire in the exact moment Jim Morrison sings, This is the you. This the My Friend way have to admit very few songs would have such a great effect and say so much about the entire film. What a great choice on Casino Martin's Car says uses heart of stone from the Rolling Stones to commend on gingers mission in life money, um gingers Mission in life was money, Thank you. She was a queen around the casino. She brought in high rollers, helped him spread around a lot of money doing great, Thank you. Take care of yourself. Lucky. Who didn't want Ginger? She was one of the best known best life and most respected hustlers in town. Smart hustles like her could keep a guy awake for two or three days before sending him home broke to the little woman and his bank examiners and change. Oh, I had a few games on the way back, but that was all bullshit. She just pocketed the cash. There's also a nun deniable fun factor involved in the choosing of a song, a fun factor that contaminates the audience. Just look at the teaser of Ice Age donut. The Dinosaurs. It's impossible not to love watching scrapped being hypnotized by love to the sound of the classic gambling half song. You'll never find another love like mine sung by the one and only loo rolls you never buy as long as on someone you baby driver turns a car chase into Disneyland with the help off bellbottoms by Jones Spencer Blues Explosion while the car stunts are awesome. It is the music that keeps everything feeling tight, truly remarkable. The's amazing songs did not appear in those films by accident. They appear on those films because there producers licensed them. Now you may be asking yourself, Can't I just put the music I want into my film? Well, the answer is clear. No, no, you can't. Here's an absolute truth. The bigger your hopes, expectations and ambitions regarding your film, the more careful you must be when it comes to music licensing. Why? Because mistakes here can cost you a lot of money. And you may discover that no distributor will set a release date or start promoting your film, only to discover your film has liability issues. On our next session, we'll talk about music rights. See you there. 3. The Basics of Music Rights: Now that I've talked about the many great functions of music in the film, we are now ready for the main course music rights. This will be our main subject for the next videos. So let's talk about the basics of music rights. Let's use like a virgin as an example. Like a Virgin is a song written by Billy Steinberg and Tom Cali. But like a Virgin is also a recording of that song performed by Madonna that is part of her album Like a Virgin. It was released in 1984 by Warner Bro's Records. So as you can see, one thing is the composition that belongs to its composer's, while another thing is the master that was recorded from that composition. That master belongs to whoever paid for it. Sometimes it belongs to the artist, while some other times it belongs to a record label that has the artist under contract. Let's say that you are singing the song yourself or playing it on the piano. In that case, you're only using the composition. But if you are listening to the 1984 Madonna recording from the album in your iPod, you are in fact listening to the master recording off that composition. This means that inside the recording inside the master recording there is a composition. So if the composition does not exist, then the master cannot exist. It's kind of obvious, right? So while the composition has to exist, that particular master does not have to exist, meaning that if Madonna hadn't recorded like a virgin, the composition would still exist. Probably it would have been recorded by another artist, resulting in a completely different master. Maybe Cyndi Lauper would have recorded it. Or perhaps kiss. We'll never know. Now here's a fun fact. By now you have realized that an album is simply a collection of masters. Now let's take a look at the process. Let's imagine an artist. Let's call her Jo and Golden Voice join Golden Voice wrote a song titled Beautiful Song. Then she got her guitar, a microphone in her computer, and she recorded herself singing her song. She then uploaded it to YouTube because she is the composer, sometimes also called writer or author, off that song. She owns the publishing copyright of it because she recorded a song herself and paid for whatever was involved in making that recording. She also owns the Master copy right off her recording off her song Remember a Composition has a publishing copyright, while a master has a master copy. Right now, let's imagine this. Years later, Mick Jagger listens to Joan's song on YouTube and loves it. Then the Rolling Stones decide they want to record their own version of Beautiful Song for their upcoming album. Because joined Golden Voice owns the publishing rights off that song, the band has to ask her for her permission and has to bay her royalties in order to obtain from her a license to record their own version of her song. After the license they perform, create and produce a new recording by the Rolling Stones off Joan's song. This means that a new master has been created. The Rolling Stones now own the master copyright for this new version, but the publishing copyright remains with Joanne, the composer, as well as the master copyright of her own recording, the one made by her. Now we have one song belonging to its composer and two different masters belonging to different entities. Let's go to an example just the way you are, is a song written by Billy Joel, who also recorded a song for his own album in 1977. Don't go Try, Please Me Never Let Me Down before. A year later, another artist, Barry White, decided to record the same song. Please may never let Can You See one composition to different masters. Now let's say Martin Scorsese is making a film about green giraffes from Mars, and he is a big fan of the Rolling Stones. Let's imagine that he wants to use their version of beautiful song in his film. What happens? This means the fumes producer has to pay the Rolling Stones in order to obtain a master used license that will allow him to use their recording their master off the song in the film. But the producer also has to pay Joanne Golden Voice in order to obtain what is called a synchronization license offer. The composition. Beautiful song who's publishing copyright she owns. Why? Because it's her song. It's her creation. Let's go to an example. Dolly Parton wrote the song I Will Always Love You. She also recorded the song while under contract with our CIA records that released her album in 1974 Should stay, I would Be You were a In 1992 Whitney Houston decided to record Dolly Parton's song for her upcoming film and her own album, released by Arista Records. Bitter Sweet, that is Ah, I'm taking with May. Hey, who pays Who? Well, Dolly Parton was under contract with our CIA records So RC a pace for the recording of the Master and subsequently owns it. Dollar is paid by the label as a performing artist, but in the case of I Will Always Love You because it's her own song, RC A has to pay her for the use of her own song in her album, since she owns the publishing of the song. In the case of Whitney Houston's 1992 recording, a similar thing happens. Whitney was under contract with Arista Records that paid her as a performing artist of the new master recording off I Will Always Love You, but Arista Records also had to pay Dolly Parton because the song in the master recording belongs to her. This means that every record label or every artist who wants to record a new master off I will always love you must pay Dolly Parton because it's her song. The same thing happens in the film The Bodyguard from 1992. The producer of the film had to pay Arista Records for eight master use license off Whitney's version. But we also have to pay Dolly Parton because she owns the publishing because it's her song . Let's look at another example. The brilliant duo Ashford and Simpson, composers of great songs like Ain't No Mountain High Enough or California Soul wrote I'm Every Woman, a song Shaka Khan recorded in 1978. The Master is owned by Warner Brothers Records. Later, in 1992 Whitney Houston recorded a song, A Master that is owned by Arista Records. 1992 was The Year the Bodyguard was produced in Whitney's version appears on the film in 2000 and five. However, the film the 40 year old Virgin used shotguns version from 1978. Can you say what happened? Well, both films had to obtain a synchronization license from the composer of the song who owns the publishing of it. But each Hume paid for a master used license from a different master. The bodyguard used witness recording, therefore paid Arista Records for a master used license that allowed it to use witness version. The 40 year old version used Chaka Khan's recording. Therefore, they paid Warner Brothers records for a master used license off that version. No, let's try and exercise, select a few songs you love and see if they appear in more than one film. Also, can you spot different masters of the same song, appearing in different films? On our next session, we'll talk about publishers, labels and much more. See you there. 4. The Music Ecosystem: on the previous lesson. I showed you the elements of producer needs to get in order to get the music he wants. But this is just the tip of the iceberg in the upcoming lessons will go deeper and deeper into the music and film eco systems. And then I'll explain to you how you should make your move regarding music. Licensing. The eco system of rights is really simple. Here are the usual suspects Masters publishers, composers, record labels, licenses and artists. There are others that will be introduced later, but for now the dialogue takes place around these. Let's get on the same page about them. What is the master? Simply put, the master is the finished recording after it has been gone through the entire process of recording, editing, mixing, mastering, etcetera. It has been approved by the record label. The artists and the powers that be. The master is the recording that will be sold to you on a CD, a vinyl record or a and B three file. You will find the Masters in albums, which, like I said before, is a collection of masters who owns the master. Usually, whoever paid for it owns it. If all that you need. It's a pizza, a guitar, a laptop computer in the microphone in order to make magic. That is fine. You own your master. However, we all know a master usually takes a lot of work. You need musicians, technicians, a studio, etcetera, historically record labels to care of all those costs. This means that for decades they owned the Masters and paid royalties or flat fees to artists. However, at some point some artists became so big they asked themselves, Why can't I own my own masters? Why do I have to give them to a record label that will get the biggest share of revenues? Ray Charles was one of the first artists who decided they did not need a record label. He could have his own record label and own his masters. Today, several big names do own their masters and license them to classic record labels that handled the distribution. Smaller artists stew fund their music through the tried and true old model, and their masters are still owned by big record labels. As a result, the landscape today is filled with different solutions that fit different artists and record labels Sometimes the ownership is shared due to very complex deals. So this is how it looks on the classic model. A record label has an artist under contract and base for everything, meaning they own the master. And if they own the master, they are the ones who will decide if you can use that master on your film or not. On the other side of the ring, we have bigger artists who own their masters in license them to bigger labels who are better suited to handling distribution and other areas. Typically in this model, the decision is taken by the artist's record label since, well, they own the master. Now be aware that on some occasions, even though the artists controlled the masters through their own record labels, sometimes they still let the bigger labels make some of the decisions regarding fumes. TV, video games, etcetera. Like I said, the landscape provides lots of different solutions, so you have to do some research for every master you want. Now let's take a look at the composer. They are responsible for writing the music and the lyrics. They can be one person or several. They usually control their songs and everyone who wants to record their songs must ask Permission Bay and get a license. That's how the recording masters we enjoy begin now. Successful composers usually have large catalogs of songs. Think about Ashford and Simpson, Lennon and McCartney, birth back, Iraq, Paul Anka, Jagger and Richards. At a certain point, their catalog becomes so busy and valuable that they cannot handle it themselves. That's when they fund their own music publishing companies that own or administer on behalf of the composer anything in everything regarding those catalogs of songs. So the music publisher is a company whose purpose is to manage an artist's catalog and make money out of it. There are thousands of music publishers, plus a composer does not have to create his own publisher. Hey can trust his catalog toe a pre existing publisher. In fact, several music publishing companies thrive due to the large amount of compositions they control. So here's the trinity of music artist, record label and publisher. Every music track in your iPod on Lee became possible because these three entities got together and decided to sell you a master recording. Now, one of these two controls the master one of these two controls the publishing. Over the decades, bigger companies bought smaller labels, and they also bought thousands of smaller publishing companies. Slowly, record labels started creating divisions specifically dedicated to publishing the Big Three . Universal, Sony and Warner own not just Masters but also publishing divisions. Here is a famous example. Berry Gordy Jr founded Motown Records in 1960. Before that, he also founded the job at Music Company as the music publishing arm of his music business . Many classic songs, like My Girl and Many Others, were published by Joe Bet. It was a great business decision from Berry Gordy Jr not to own Just Masters, but also to control the publishing of those songs. In 1997 Berry Gordy sold 50% of Joe Bet to E. M. I. Publishing for a staggering amount of money. In 2003 he sold them 30% more Over the years job it was sold to Am I publishing the publishing arm of the E. M. I group, and when the M I group was sold, Sony, a TV, the publishing arm of Sony Music, bought AM I publishing Motown itself the owner of Classic Masters was bought by Island Def Gem, themselves a part of the larger Universal Music Group. Now you may be asking yourself, Why is a company that controls songs called a publisher? Well, the answer is pretty easy. It all comes down to a time before the invention of sound recording technology back into 18th or 19th centuries. If you wanted to listen to music, you had two options. You would either go toe a life performance or you would have to play it yourself. Back then, music was licensed by the composers to companies that would release Onley Music sheet. There you go paper songbooks books. Publishing things started to change a little when sound recording technology was invented. Naturally, the publishers started also to license songs to this new technology. As the popularity and the importance of recorded Media Group, the music publishing business, started to change focus from music sheet to recorded media Slowly, Publisher split into two separate business as the publishing of music sheet became just another license. So as a few producer, what exactly do I need? Let's go back to the Madonna example in case you want to use Madonna's like a virgin, the master, released in 1984 on her album Like a Virgin, You Will Need two things. First, you'll need to obtain a synchronization license from the music publisher that controls the composition by Billy Steinberg and Tom Kelly. That will be Sunny, a TV music publishing Second, You will need to obtain a master used license from the record label that owns the Master like a Virgin, the one released in 1984 that will be Warner Brothers Records. Now please note that I am being very specific about identifying the master, the year, the album and blah blah blah because in 30 years like a virgin has been recorded hundreds of times from karaoke versions to music. Each of these recordings is a different master owned by someone else. So, yes, you must be specific. The master used license allows you to use on your film that specific version you want and not other. The term synchronization, by the way, is also a very old thing. It comes from the time when films started to have sound in the late twenties. The new technology back then allowed few makers to sink dialogue, music and sound effects. This type of licence was created specifically for that, and we are still using it on films, TV, video games, etcetera. So this is how it all looks. We have composers and artists who can be the same person. The composer song are usually administered and controlled by a music publisher. The artist's performance is the master you want. Let's assume it belongs to the record label. In this case, you must negotiate a synchronization fee in order to obtain a synchronization license from the music publisher. Then you must negotiate with the record label, a master Yousfi or a royalty in order to obtain a master used license. On our next sessions, I'll discuss the conditions of those licenses, the role of collection societies in lots of other elements that will give you a much bigger picture of euro. We're just warming up. See, there 5. Objective Negotiating Terms: Welcome back to music licensing for films. What a producer should know. Now it's time for us to talk about how you'll be negotiating your licenses, what elements you'll be discussing with the music rights owners. On our last session, I talked about music publishers, record labels and the licenses you need in order to get the songs you want for your film. Let's quickly go over those licenses once more from the music publisher that represents the composer and administers of the song, you must pay a synchronization fee in order to obtain a synchronization license. Then from the record label that owns the master recording you want to use, you must pay a master use royalty or a fee in order to obtain a master use license that will allow you to use the recording you want. Now you may be asking yourself if I know the song I want. Where can I find the information about publishers and record labels? That's quite easy. Most cities and vinyl records have that information. Let's take a look at the classic Abbey Road by the Beatles. Just as an example, if you looked into the booklet that comes with the city, you find all the information you need on this booklet. You see that there is one music publisher for the songs written by John Lennon and Paul McCartney. Sony, a TV music. Then you'll see that George Harrison, who wrote two songs in the album, also has his own publisher called Harry Songs. Then you see that Ringo Starr also had his own music publisher. For the one song he wrote Startling Music. This means that you'll be talking to different publishers, depending on the songs you want. If you want the songs come together or Golden Slumbers by Lennon and McCartney, you'll be asking Sony a TV If you're one songs like something or Here Comes the Sun by George Harrison You'll be asking Harry songs. Please note that in the case of the Beatles, it is quite clear that the different composers inside the group had different publishers, meaning that you just have to find the correct one. Which, as you can see, is quite simple. However, be careful because you may want a song by some other group written by five different people , and each one of them has a different music publisher there. Oh, be cases where one publisher speaks on behalf of all the others and the robi cases where you have to ask and pay five different publishers. And if one of them says no, then it's a no. The bottom line here is that you will always have to investigate the publisher or publishers for each song you want. My personal suggestion is that you always get the city. The information there is always correct. No. On the Abbey Road booklet, you'll also find information regarding the master. In this case, it belongs to am I note that this is the remastered version that was released in 2000 and 15 e. M. I went to the original tapes in order to produce this new master called Re Master. That sounds different from the previous CD versions. So this new master, produced in 2009 is owned by E. M. I. As you can see on this album, we have three different publishers in one record label. This means you can know exactly who to ask for the synchronization license and the master used license. Now you may have noticed these funny symbols the sea and the P inside a circle the C inside the circle is a copyright symbol, and it identifies the owner of the copyright of the intellectual property. Maybe songs, lyrics, performance images, text, etcetera. The B inside the circle symbol has the same meaning as the sea symbol, but it was specifically created to be applied to sound recordings. Or, as the P indicates, Phono grams. So on a city you should look for the peace symbol. It will tell you exactly who you should talk to regarding the recording you want now. What is the difference between clearing and licensing a song? I get this question a lot. Let's say you are writing a script, and one character is constantly listening to a song by Joy Division and talking about the band or reciting lyrics from that song. If that's the case, then you should clear the song first. What do you do? You contact the publisher and the record label, explain the situation to them and get a written confirmation that both synchronization and master used licences are available. What are the conditions in what is the price? This is clearing a song. It means you know the song is available. You know how much it costs so you can budget it. This means also that you can let your screenwriter write the script with the song because you know it will not be a problem because the song is cleared without the clearing, you are running a big risk. Your screenwriter made a song by Joy Division, a big part of the story. The director were Shoot those scenes and Onley. When the film gets to post an irresponsible producer, we realise neither the publisher nor the record label allows any licensing from Joy Division songs. Yet you messed up bad. These bad surprises can and do happen. If a song is that important for your film, clear it first. If you learn that the song is unavailable, think about a different song. Don't wait until Post when it's too late to change the script. The licensing itself Welcome later, When you are into post and you have finally locked the song in the film. The sun was cleared a long time ago. Now all you have to do spay and get the licenses now. Another big question. How did the rights owners decide if they want to license the song or not? What about the price? How did they come up with the price? Well, price and permission regarding master use, license and synchronization license depend on the analysis of a number of issues regarding your film and the licenses themselves. The issues are separated into different categories. I call them objective and subjective. The objective issues have to do with characteristics of the license itself. They mainly influence price. The subjective issues have to do with a more personal assessment of your film. The rights owners were. Look at your film and think if by allowing you to use their song, they will be hurting the songs profile. Keep in mind that they want to do business with you, but they also must protect their song from a film or people who may damage the song or the artist's reputation. Let's start with the objective group. The objective issues rarely influence a yes or a no from the rights holders. However, whenever there is a yes, these issues were heavily influenced. The price to be asked. There are three of those objective elements. They have to do with the duration of the license, the territories of commercialization and the media formats of commercialization. Duration means for how long do you want our song to be in your film? If it's an advertising film, we may be talking about days, weeks or months. Considering that advertising campaigns come and go very fast on film, it's a very different matter. Keep in mind that when the license expires, the song we want can no longer be in your film. For film, you can ask for one year, five years, 20 years or perpetuity. Perpetuity means the film will always have that song. That is the best solution, but it's also the most expensive one. Territories of Commercialization is another objective issue. It means in how many countries your film will be commercialized with that song. If a country is not included, that means your film cannot have that song when it's commercialized in that country, you can choose just the country of nationality of the film, get separate licenses for other countries as needed or a license for the whole world. However, the more countries your license, the more expensive the license gets. If you want to make sure someone in a hotel on Mars 50 years from now, we'll be able tow watch your film with that song, Ask for the whole universe and make your license future proof. By the way, I am not joking. All big studios do that these days. We may have tourists on the moon or in Mars very soon. 50 years go by very fast. Get a license for the whole world and the whole universe if you can afford it. Media formats of commercialization is the third objective issue under analysis. If you look at the history of media consumption, you will be shocked to see all the media formats that have existed or co existed just in our lifetimes. These are just the ones that come to my mind right now. Many of them have co existed in the last 30 years alone. If you leave one of them out, your film won't be able to have the song. If commercialized in that format, plus different formats may still be big in different countries. You never know. Media formats have to do with all the media formats your film will use when it's commercialized from now to the future. If my list covers 40 years of home video, can you imagine the formats your film will be using 40 years from now. Well, the safest solution here is not to pick specific formats and try to license the song to the broadest possibilities. This means getting your license to cover all current media formats and media formats yet to be invented. This is what you should ask for in your license. Now you may be laughing because I put Betamax in my list. But here's the deal. In the nineties, thousands of producers had to pay additional licenses because the licenses they got in the seventies or the eighties for home video just included videocassettes. When DVDs came, the format was not covered. TV shows with multiple seasons that never thought they would be available on VHS. Therefore, never even licensed songs for Home video suddenly found a market with DVDs. All those films and TV shows had to spend lots of money to extend their licenses. In some cases, the songs were so expensive that producers simply changed the songs. Most people don't know that the TV shows and the fumes they see don't have the same songs that were originally part of them years ago, when they opened in theaters or were available on VHS. Be careful on our next session. I'll discuss the subjective negotiating terms that can have a big impact on you getting the license or not See you there. 6. Subjective Negotiating Terms: Welcome back to music licensing for films. What a producer should know. Now it's time to discuss the subjective issues that can have an impact on your licenses. On our last session, we talked about the three objective issues that characterize your license. Let's quickly identify them again. The duration or term of the license territories of commercialization, media formats of commercialization. Today we'll discuss the group of subjective issues. They are called subjective because the rights holders will use them in order to calculate possible damages. Your film may cause to the songs and artists in question. In other words, you in your film are under judgment. They will also influence the price that is asked, In addition, because you will be hold accountable to your promises, you must take these issues seriously and answer truthfully. Here is the first who is on your film. Rights holders may want to know who is the cast, the director or the producer? Why? Because big names are an indication off a big film or a prestige film. Names also indicate a bigger budget that will lead to a bigger audience that may lead to a more expensive license. Yes, the license for a big film does not cost the same as the license for a small film. The prices are often calculated based on the size of the project, its potential for distribution etcetera. However, that does not mean that smaller films will have it cheap or easier. Keep in mind that classic hits like Led Zeppelin's Stairway to Heaven, The Rolling Stones, Sympathy for the Devil or Roberta Flack's Killing Me softly with his song will never be cheap. Plus, many times, rights holders save those songs for bigger game big films and big advertising campaigns with pockets that are deep enough to pay what those songs are worth. Also, rights holders are very careful before licensing one of their biggest songs to a small film that may push Coca Cola away for thinking that the song has Bean to used to Wilder song be sung in the film. Here's the scenario. The character turns on the radio, a song she loves displaying. She immediately starts singing along with the radio. If that's the case, expect to pay a premium Rights holders. We also want to know what's the context. What's the desired effect? Nostalgia. Comedy three. Will the song be modified in some way. If yes expects to pay a premium, here's the deal. Typically, the license you are paying for does not allow you to modify a song or a master. Imagine that your character is drunk and the audience listens to the song through his drunk point of view. The song now is slow down with lots of reverb effects in order to give the audience the hearing of a drunk character. Well, a simple license does not allow you to do that type of alteration to the master you are licensing. Or imagine that you added parts of the recording in order to get a longer instrumental. No, you cannot do that by yourself, either. You must include in the license the right to alter the song. Many times, the record label will do the changes you want. Take the vocals out, give you a longer instrumental version, even remix it If you want, you will pay extra for this, but the record label will assure you that you'll get the best sounding recording possible. In case you want to do it yourself. You will need to submit to the final version for approval and still pay a premium. You may want to change the lyrics. Make it satirical. You will need approval from the publisher. The bottom line here is always tell the rights holders what you want to do with the songs and masters you are licensing for. How many times will the song appear on your film? One license means one use if the sun were played on. Other scenes are repeated later over the end credits that will cost you more. Do not think that because you license the song, you can use it any time you want inside the film. Plus, putting this song you've licensed for your film on your film's trailer means a separate license just for the trailer. And because the trailer may be seen by a lot more people, it may even cost you more to be careful here. Five. How many seconds do you need? Record labels usually do not like when a song plays in its entirety during seen. Why? Because the more a song place, the more attached it gets to the film. As a rule of thumb, the more seconds or minutes you need, the more you pay if you want the whole song. Be ready to pay a whole lot more If you are pre clearing a master, give them more seconds if you end up using less time than you cleared esque very kindly for a reduction on the price. Six. In what contest with the song to be played on the film rights holders, we want a synopsis over the film and the scene where their music were replayed. Here's a bad scenario. It's a violent and crude war. Film on Adult Soldier is teaching a child soldier to execute prisoners as they shoot the prisoners. The director wants you to hear I want to be like you from Disney's The Jungle Book. Can you imagine what Disney will say to you? I can. No Rights holders are very careful about their songs and masters and will either deny you a license. Or they may ask you for an obscene amount of money. In the case of big names like Disney, you probably get a know if you get a no from Disney, Madonna, YouTube or ABBA. Don't waste your time trying to make them see what a great piece of promotion your film will be. Come on, Do you think they need it. Seven. What kind of production is this? What film do you have? Is it a blockbuster? A documentary. A short Every license is a unique case. Rights holders usually no. You cannot pay the same amount of money, Martin score says. Again, prices will never be the same, although, like I said, classic songs are always expensive. However, rights holders will try to help you find alternatives that are more in tune with the money you can pay. Be honest when you talk about your project. Eight. What is your film budget and what is your music budget? This is a very delicate subject. Here's why everybody knows how important music is for a film. Rights holders know it better than you can imagine. Now, having said this, you lose all your credibility if you let them know that such an important thing, like music, is being budgeted like it has no importance at all. Do you get it? Your budget maybe huge or small, but still, you have to save some of it for music. In Hollywood, a typical film can spend some 10 or 15% just in music. Of course, that percentage will also depend on the number of songs you need, but I'm sure you know what I'm saying. Yes, you can always negotiate, But do not be offensive by offering peanuts for something so important when everybody knows you are blowing money on so many things, far less important. Nine. How many more songs will you be licensing if you need 20 songs? That's because music is a big part of your film. Well, Budget for 20 songs. When rights holders ask you, what's your music budget and the number of songs you'll be trying to license? They are judging how serious and professional you are. 10. How we love our day with your film. I left this for the last because it overrides all the previous questions. If the rights holder loves you and your film, there is nothing they won't try to do in order to help you. This means that if you can, if you have access to them, try to meet them and show them your project. Great filmmakers often get great deals exactly because they run the extra mile in order to bring the people they need into their projects. If possible, speak to their hearts and minds and try to do that as early as possible so they may feel they are a part of it. Use your network, your personal charm, your talent and win them over. Okay, How do I start the process? Some publishers and record labels are so small you can just call or send them an email. That's also true for less popular types of music, smaller artists or baby bans who are not yet a part of the big music industry. However, the bigger the company, the last personal it gets, you'll be feeling lots of forms and talking to different people who may or may not care. You must be patient and resilient. Let's look at an example. Here's the Universal Music Publishing Group, the publishing arm of Universal Music. If you need a synchronization license from them, there is a chance you'll be answering lots of those questions. For a start, they will ask about the film about the duration or term they will ask about territories. The number of songs you need, your film's budget, your films, music budget, how many seconds you need, a scene description, a full synopsis. And that's just the beginning. Now you may be asking yourself toe, What types of films do these rules apply? Well, this is the reality for all kinds of films. Video games, TV shorts, live action features, all genres, documentaries, advertising, animation, Web videos. On our next session, I'll introduce a new player and we'll continue our conversation. See you there. 7. Collecting Societies: welcome to music licensing for films. What a producer should know. On previous sessions, we went over identifying the rights you need to obtain in order to license the songs you want to your film. We discussed some of the issues you have to consider and what information you need to provide that will have an impact on getting those licenses. On today's session, I will talk about collecting societies. I do this because lots of producers don't know exactly what do they do. In fact, lots of producers try to license the songs they want through collecting societies with mixed results as a real explain. Why. So what are collecting societies? Here are some of the usual suspects ASCAP from the USA B M I. Also from the U. S. A. S C F from Italy, gamma from Germany, PRS for music from the UK and cod from Brazil. Collecting societies, our bodies created by copyright law or private agreement to engage in collective rights management. What is collective rights management? You may ask. Collective Rights Management is the name given to the licensing of copyright and related rights by organizations acting on behalf of rights owners available in most countries collecting societies have the authority to license copyrighted works and collect royalties s part of compulsory licensing or individual licences negotiated on behalf of its members. As the name implies, collecting societies in each country collect royalty payments from users of copyrighted works and distribute to those royalties to copyright owners. Why is this needed? Because composers and record labels have their songs and masters being played all the time everywhere, to a point they cannot supervise nor collect by themselves. Someone has to specialize in supervising and collecting on behalf of music publishers and record labels. Let's look at an example. It's too late is a song written by Karol King and Toni Stern, performed by Karol King from her album Tapestry from 1971. Wait. Now there may be thousands of James restaurants, stores, bars all around the world that may want to play this song and 1000 others. Each of those places will goto a collecting society in their countries and get a license to play those songs in public. The question that producers often ask is, should I go to a collecting society to get the synchronization and master used licenses? I need. The answer is no, because the importance and impact of using a song in a film is different from the use on the gym, a restaurant, a radio, a hotel or a bar. Let's look at those differences. There are thousands of restaurants, gyms, stores and other places that are likely to play music. This means thousands of requests per year in millions of plays. Because audiovisual is a smaller universe, the number of requests is comparatively smaller but more expensive. The sheer number of bars, restaurants and James makes performing licenses harder to manage. Licensing for audiovisual, on the other hand, is easier to measure, control and manage. A song plays in a store, and another one comes right after they are background music or a distraction. While we drive or shop, their impact on us is very small. On a film. However, the connection were last year's. It will be there. Every time you play the DVD. It will be a part of the narrative. It will not be a distraction. It will be a big part of what we are watching in a restaurant or a shop. It will be heard once by few people on the radio. It will be heard in a flow with dozens of other songs. It will have a fleeting power. Its use is almost meaningless on a film. It may be experienced by millions. Its power will be enhanced by a lasting story. Characters and images. It will be an experience filled with meaning. Music publishers and record labels will want to take a more careful look at audiovisual requests and will personally discuss them with producers and producers like that. We want to keep it personal so we can negotiate prices that are in tune with the films were making collecting. Societies are less inclined to make those judgments. Their focus is on the collecting. So where do they stand? Well, remember the graph I showed you for synchronization and master used license? Let's locate all the players. Producers are down here trying to license music for their films, TV shows, etcetera. You already know you need a synchronization license from the music publisher here. You also know you need a master used license from the record label Here. There they are collecting societies are located here. Their business is to license public performance of recordings, life performance of songs in broadcast of songs, restaurants, life concerts, bars, clubs, gyms, hotels, radio, TV news, ring tones and shops. Collecting societies will issue mechanical licenses and performing licenses and distribute royalties to music publishers and record labels. A mechanical license means a license to record a composition into a media format like a CD , a vinyl record or a digital file. This means that a record label needs to obtain a mechanical license from the music publisher if it wants to record a CD containing a song it represents. The name Mechanical comes from the time when piano rolls mechanized the playing of the instrument. This license was created just for that, and we keep using it. Even though most of the music today has almost nothing mechanical about it, Performance licenses usually mean the public performance of a song or it's recording. Those are the domains of collecting societies, but synchronization and master used licenses for films, TV shows, advertising, video games and Web series. This is the route you license yourself directly from music publishers and record labels. By the way, now that we're here, we can complete the graph with the music sheet publishers that get their licenses straight from the music publishers here, and we can also complete the part of the record label. There you go. On our next session, we'll have your Q and A See you there. 8. Expensive Masters: Welcome to music licensing for films. What a producer should know. Today I'll start to Dick Urinate that I often do. I'll be putting forward questions and discussing possible options. On previous sessions, we went over Who does what what our licenses, terms, media. Now we get to the more complex part. What do I do in case off? Well, you know. So here we go. You are here. Your film is here. Music publishers are here. Record labels are here. You want to meet here where you pay for a sink license and master used license for the song and recording your fume needs. But sometimes things don't go exactly the way we plan, but we still have options. So people ask, Should I always expect to pay for songs? Well, the answer is, if you did not write those songs and you don't control those masters, Yes. However, let's look at your options. Let's consider the following songs. - I'm sure you will be amazed. Big one Cash dressing white. One with a famous right 20 Me, me. If you need both songs and masters, you will need to pay the music publisher and the record label. But if you can play it yourself, then you will need to pay on Lee, the music publisher. In this case, you ask for a mechanical license that will allow you to make a new recording, meaning your own and the usual sink license. If you do this, then the record label part is gone. You won't need it. You are producing your own master for all purposes. You are your own record label. Now, if you can play it yourself or if you have access to musicians, maybe you can pull this off. You may be laughing, but let's look at reality. If I'm right. You are an independent producer working with limited budgets. If that's true, then I strongly suggest you consider writing your own songs or playing yourself the songs you license being responsible for creating those masters yourself. This happens because certain songs and artists can become culturally or commercially so relevant that their original studio masters become too expensive or simply unavailable. The classic example is the Beatles. You may say, Oh, but I see lots of films and officials with music by the Beatles. Well, yeah, you hear lots of songs composed by the Beatles. You hear covers, but not to the original studio masters those you rarely hear on films. If ever the studio masters are usually considered to be the best recordings, the definitive recordings, the ones that are technically and artistically more accomplished the ones that most effectively evoked the artists, the era, the style millions of people grew up with. Those recordings that have become ambassadors of entire generations are best. Memories are attached to those recordings, and record labels know it. So you hear thousands of covers of Beatles songs, but not the original studio Masters masters like Michelle Yesterday or Penny Lane. No, you haven't heard these masters in any recent film or commercial filmmakers will try to deceive you into thinking they've got it like Wes Anderson in The Royal Tenenbaums. No, that's not the rial Hey Jude playing on the background. It's a re recording that mimics the original sound. And if Wes Anderson can't get it, well, you know, the producers of Madmen paid $250,000 for the original studio master off Tomorrow never knows a lesser known classic by the Beatles. Can you imagine what yesterday would cost? You can get a sink license from Sony, a TV, and that will be expensive enough in order to make your own cover. But a master used license from E. M. I. That's something completely different. There are other famous masters from other great artists that are also very expensive or unavailable. Names like the Rolling Stones, ABBA, You two eagles, Michael Jackson and Barbara Streisand are prohibitively expensive, and their original studio masters are simply incompatible with the budget of most independent films. Producers must be highly creative when dealing with these problems. On the vampire film The Lost Boys from 1987 the producers could not get the classic People are strange from the Doors. Not only are Warner Music Group and the surviving band members extremely adverse to licensing, they won't let you have a cheap in this case. The few makers got a synchronization license from the music publisher and invited another band, Echo and the Bunny Men, to record a new version of the song produced specifically for the film's soundtrack When you No. One When You straight. But there is more. Instead of licensing the original studio master off ice to believe by the coal they prefer to make their own recording of it. By Tim Campillo. I give this example because it shows that sometimes you don't need an expensive master in order to have great effect. Echo and the Bunny men's version of People Are Strange works beautifully for the scene, and Tim compels appearance on the film is a classic inside a classic. Yes, I think the producers of The Lost Boys made all the right decisions. Is the master unavailable for licensing? Is it too expensive? What can I do? First? There are few limits of what you can negotiate with the music publisher. In order for you to make your own master talk to the music publisher, let your creativity fly. Here's another option. Let's listen to I love to love. But my baby just loves to Dance. By Tina Charles From 1976. - Now listen to this version also by Tina Charles. - Can you hear the differences? Some people can. Some cannot. Some can but don't really care. The first recording is the original 1976 version that was number one in several countries. The second version was re recorded also by Tina Charles. At least 20 years later, record labels know that their original studio masters must earn their place as the soundtrack of our lives. For that, those masters must reign supreme. That's why record labels usually forbid artists to re record their hits for at least 20 years after the original master is released. They put this on the contract. As the reputation of those masters grow and they successfully manage to get a place in our hearts, so does their licensing price. After that period, the artist can produce her own master and license it cheaper than the 1976 version. In fact, you can find this newer, cheaper version on many cheap compilation CDs where secondary record labels try to cut costs in mix original masters with newer masters. They even right on the cover original artists. Which is true, however, you are not getting all of the original studio masters you expected. But for most people, those differences are not relevant. So here's one option for you. If that's an old master that you need, try to find a newer re recording by the artist. In this case, the song is the same, but the masters are different by 20 years or more. The composers are the same. But the second master, the re recording is probably a lot cheaper for licensing. The music publisher, of course, is the same. Now it's up to you, the filmmaker, to decide what's more important. Authenticity or cost. Fends of disco music will catch those differences on the sound immediately, and for them, the newer master could be unacceptable even more if the scene is set in 1976. But unless they are your target audience, they may be a minority. So it's up to you to make this judgment. Third option would be just get a cheaper song from 1976 one that wasn't at the top of the charts. They may not be as famous, but the seventies flavor and authenticity are all there again. Your judgment. If the master is unavailable for licensing or if it's way too expensive, here are some of your options. Look for other songs and masters from the same era. They will have the style, the mood, the flavor, the message, the spirit from the artists. And they are cheaper. If it's not 1976 try to play the song yourself or hire a professional musician to mimic the style or the sound. Sometimes filmmakers create versions that are so distinct from the original have so much character that they get recognition from the audience they don't try to imitate. But again, some films will allow you to do this. Others will demand a similar sounding recording. Look for newer masters from the same artists made 20 years later. Sometimes it works, and most people don't notice the difference. Some do, however, be careful. Recently, the French carmaker Citroen made this advertising film. So you think right, take way every time. Here you are listening to the 1979 Supertramp classic Take The Long Way Home. But this is not to the studio master from 1979. Instead, they used on the commercial a much newer version of the song recorded in 10 2030 years later by Super Tramps front man Roger Hodgson, who left the band in 1983. He is also the composer of the song. Both versions are very similar, and when listening to the newer version, it is clear that the producers took a lot of effort to sound just like the original. You can also look for life performances or alternative versions. Life performances can work. They have the disadvantage of not being as well finished as studio masters, especially older life performances, but still managed to capture style flavour, etcetera. The advantage is that they tend to be cheaper. The disadvantage is that sometimes the sound quality is not as good. You will find lots of choices regarding alternative masters in jazz and classical music. John Coltrane, Duke Ellington, Ella Fitzgerald, Sarah Vaughan, Oscar Peterson, Dave Brubeck. Those artists would sometimes reinterpret and re record their own hits two or three times over periods of time. Some versions are more well known than others and more expensive, but they may have other versions earlier or later. That may sound a bit different, but are just as good and cheaper. This is even clearer with classical music. Few people can tell the difference between Herbert Von Carrion's Berlin Philharmonic and a recording of a lesser known conductor with a lesser known orchestra. But the masters should be cheaper. It's always your choice now, a warning. Be careful if you are trying to imitate the distinct sound of an artist without his permission in 1986. Carmaker Ford wanted to use Bette Midler's classic 1972 version of Do You Want a Dense on an advertising film. Here is the song Tell me, you, my Love man, do you Okay way. However, Bette Midler did not want to have her master on the commercial to circumvent that the advertising agency Young and Rubicam did this. They licensed the song from the publisher, which was not a problem, since the song does not belong to Bette Midler. Then they hired singer Hula Hedwig to mimic Bette Midler's voice. They produced a version of the song that is so similar to Bette Midler's version that everybody thought it was Bette Midler's version Here is the final commercial. Now there's a car asks to be treated is bringing a sophisticated new shape to the Oh, wait, you want to be. As a result, Bette Midler took Ford Motor Company to court and won $400,000 in damages. This means that you can simulate the style and the sound of a particular artist, providing you do not try to fool people into thinking that a certain master was licensed to you. If you want to use Adele, but cannot pay for the rial. Adele, you can hire one of the many Adele single likes but make her sing a song that was never recorded by Adele Imitated the style But leave some room for uncertainty. Do not fool anyone into thinking you have the specific master recording that you do not have. Be careful. But then occasionally you may be lucky. You find what works best at the price you can afford and even get the bend to pretend they're singing on your film. Boy, if life were only like this on our next session, we'll continue with our Q and A. See you there. 9. Public Domain. Is it Free?: Welcome back to music licensing for films. What a producer should know in today's session, we're going to talk about public domain. Let's imagine these examples off the great classical composers. They all died at least 120 years ago, leaving behind a great deal of music that will continue to inspire us forever if their copyright over their music was still valid. Anyone trying to get a license would probably have to talk to their surviving family members great great great great great grandsons or a long list of distant cousins. 200 years after their death, you could be easily talking to 10 or 50 people. It would be impossible to manage or impossible to license. In cases where the track of any air has been lost, you could end up talking to some bureaucrat from some distant country who doesn't even know who's the artist or composer. You're trying to license public domain changes all that by specifying limits to the duration of a copyright. The law puts in public domain works to which no exclusive intellectual property rights apply, and there are many reasons for that. Those copyrights have either expired been forfeited expressly waived or are just inapplicable for some other reason. Music compositions will enter public domain a certain number of years after the author's death, still allowing some time for the heirs to benefit from it while still making sure people from the future can use any enjoy does works around the world. The time varies between 50 to 75 years after the author's death. In cases where there are more than one composer, the time only starts counting after the last surviving author dies. This means that although John Lennon died in 1980 the time into public domain of the Lennon McCartney catalog, we only start counting after Paul McCartney dies. Still, some people make mistakes. In 1975 Eric Carmen wrote and recorded all by myself that became a big hit. Let's listen to it. I never needed one making. That was just for fun. Those days, friends. No. Now listen to Sergei Rachmaninoff's Second Piano Concerto premiered in 1901 I think. Oh, - striking similarity isn't Eric. Carmen thought that Rachmaninoff's music was in public domain and created a song around pieces of Rachmaninoff's Piano Concerto. It was only when the song was released that he was informed by recommending offs estate that the Russian composer was not in public domain. As a result, he had to pay the estate a percentage of the songs. Revenues plus give MR recommending off proper writing credits Good for us today, most of recommending office music is indeed in public domain. Sorry, Eric, you came too early. Now here's an example of how it's done. Let's listen to this famous prelude by Frederic Chopin. - Now listen to this. The music By Friday, take Shopper was already in public domain when Barry Manilow wrote the song Here, performed by Donna Summer. This is, in fact, one of the best examples of how public domain music can be transformed in another great song. However, just because Barry Manilow could use for the Bake shop Ah, for free and transform it, and could it be magic? That does not mean you can use very Minnillo Song for free. Of course. Could it be? Magic is still an entirely new individual creation that belongs to Barry Manilow used to need to get a sink license from his music publisher. If you want to use his song and a master used license for one of the many different versions you may choose from. So here's an important tip. The rules for what works are in public domain that you can use for free will depend on these issues. Number one specific legislation in each country. Just because a song is in public domain in the US that does not guarantee that such song is in public domain in Europe, South America or Asia, you will have to do some math. And when in doubt, talk to the song's original publisher or the record label that currently sells recording of that song, they should know. In no cases avoid guessing number two. In which countries will you sell your film? You may not need to get a sink license from the publisher for the U. S. If a certain song is already in public domain in the U. S, however, you may need one for European or other territories where the song is not yet in public domain. Distributor's and sales agents may ask for a confirmation from you that all the legal work is correct by checking your cue sheet that's inside of your chain of title. The cue sheet is a document kept by the producer. Inside the chain of title The Cue Sheet is a written document that specifies all the music that's inside the film where each song starts where it ends. What licenses they're what version of the song. A cue sheet is a control document that displays all the music utilization inside your film . It will be used in many, many ways. The insurance company that is selling you on errors and omissions insurance were want to check it thoroughly. Financiers many times will demand to see it just to make sure the film brings no future problems. Distributor's and sales agents may ask for it before deciding to take your film. And, of course, by having one, you save everybody's time and you look so cool and professional. Now here's a big word of caution just because certain music is in public domain. That does not mean it is free to use, and this is very important because it's not always obvious. Let me explain. This was the kind of piano Mostert and Haydn used when they wrote music. This is the piano. Today the range is different, the sound is different, and it's much louder than what Mostert had in the 18th century. Mostert never played the piano as we have today. Many of the instruments we have in an orchestra today suffered countless technological advances in the last 400 or 200 years. Orchestras today look and sound very different from the 18th century. This means that over the years, the original sheet music written by the great composers went through modifications, corrections and changes of many kinds, so the music can take advantage off the capabilities of today's orchestras. The result is that if you plan to play it yourself from a sheet music you bought or you are licensing a master recording, it is very likely that you will have to pay not Ramo's ERT or Haydn, but for the work of the people who made changes to the music since their work is copyrighted. Here's an example of what I'm talking about In the following scene from Martin Scorsese's film The Aviator, you will hear music by Johann Sebastian Bach. - You reading me? Okay? Yeah. Howard, you're OK. All right. Flight controls were active. Know yours spotless, Odie. No wiggle on the wheel or throttle and get easy. Theo Toccata and Fugue was written for the organ. In the film, you are hearing a transcription for the orchestra made by Eugene or Monday. Although Bach is in public domain, this transcription of his music has a copyright. And even if you buy shit music of this work strictly for the organ, it is very likely that it also suffered adaptations so you can play it in the organ you have in your house that is much different from the ones that Bob used. So if you plan to buy shit music and play it by yourself, you will have to get in touch with the publisher of the sheet music and see what intellectual work is actually there that you will be using because you will be needing to get a mechanical license from them so you can make your own recording and use it in your film. In case you are licensing a master, you should ask the record label if all the intellectual work is included in the license. Normally in these cases, record labels include in the price of the license, all of those costs of orchestrations, transcriptions, etcetera. But you have to make sure everything is paid for, so you'll have no expensive surprises in the future. Now be careful with melodies that are in public domain, because sometimes the lyrics that come with it are not in public domain. Keep in mind that old music or old melodies many times were written without lyrics that were only added much later. People tend to think that music and lyrics always come together when in reality, that's not always the case. A melody from the 18th century may have gotten different sets of lyrics in one or many different languages over time. You may think the lyrics are also from the 18th century, when, in fact it's from the forties, and the composer of those lyrics only died in seventies Dark Eyes is one of those songs. It is perhaps the most famous Russian romance song. Its original melody is very old and just like Barry Manilow with Could It Be Magic? It has been recreated many times with new lyrics and changes to its structure. Here is one of the many different Russian versions sung by Luciano Pavarotti. Oh yes. Now look at this completely different version with new Spanish lyrics and tweaking is to the Songs structure by Julio Iglesias. Way, way this'll means that when dealing with public domain first, you have to understand exactly what song you have on your hands. Is it all in public domain? Does it have any addition that could be still protected? Did someone change the lyrics? Be careful. Always remember what I usually say. The bigger your ambitions and expectations regarding your film's success, its distribution in its revenues, the more careful you must be regarding the way you handle its music licensing. On our next session, we'll continue with more things you should know. Send me your questions and now add new videos with the answers. See you there. 10. Videos for YouTube: Welcome back to music licensing for films. What a producer should Know. Recently, a student asked me the following question. I am a drummer who wants to make videos for my YouTube channel, playing known songs in my own style and other content. But I dont know what exactly I would need to get permission and licensing for this medium. That's a great question. Well, if you are producing a video for you tube, the process will not be very different from a fume or a TV show. For all purposes, a video on YouTube is just like a film on Netflix or your favorite TV show. It's to moving images in synchronization with the music you are licensing. No, this is my favorite drummer, Stewart Copeland, from the police Men. When I listen to him play, I have to stop whatever I'm doing. And that's it. I mean, all now let's explore all the possibilities. Number one. You want to play your drums over their master recording. In this case, it will be similar to a film. You will need a synchronization license from the publisher, and because you will be playing over a master, you will need a master used license from A and M Records. The city regarded. The Blank has all the information on the booklet. The several songs written by Stink are administered by E. M. I. Music Publishing Songs by Stewart Copeland are administered by magnetic publishing. Songs by multiple writers will naturally have multiple publishers. No to that in different songs written by multiple writers. The order of the billing changes. You should pay attention to this if you are making a film because you will be posting the billing on your end credits and you will have to get that order right. Multiple writers can mean multiple publishers, and that can mean multiple payments. Now I am a mind reader, and I know what you're thinking. That sucks in the album Ghost in the Machine. You don't even have to see the booklet. The city itself tells you all that you need to know. Number two. You want to record the entire song all by yourself, and you will not to use the master recording in any way. Here. You do not go to A and M records because you will not be using their master, but you still need a sink license from the music publisher or publishers in case of many writers. Why? Because you will be synchronizing the composition with moving images. Also because you will be making your own recording of the song and monetizing it in different ways. It is possible that the publisher demands that you get a mechanical license that will expressly allow you to record the song your own version for commercial purposes here, depending on the publisher and the negotiation, they may want you to pay for different licenses separately, or they may bundle everything together. The online landscape evolves very fast, and it is possible that we will see a variety of different names that will apply to licenses that bring many things together. Now let's go. For number three, you want to replace the drums on the master with your own drumming. That's a very expensive option, because here you will be asking for a master without the drugs. Technically, this is possible in cases where the instruments are recorded in separate channels that will be later mixed together, the record label can remix it and create any master you want. However, a request like this will be prohibitively expensive and To be honest, I do not think they will even allow it. Because by adding your own drumming toe on existing master, you will be creating a master that may compete with the original. It may also confuse the audience who may miss take one over the other, as well as messing with the Bence Formacion that now has a master with you as the drummer. I don't think any record label that cares about their masters we'll agree to this. I don't think is gonna happen. Now let's address the objective and the subjective analysis of the contract for a minute. Just like it happens on a film, you will still need to define the term or duration off the license, or how many years your video will be on YouTube With that song. One year, 5 10 perpetuity, you have to select territories where the video will be available. The US, the entire world and the universe. You pick formats of commercialization. Will the video be available just on YouTube are also on video in case you are making your own recording your own master. Will it be available outside the video? Will it be on iTunes on Amazon on Spotify. The same goes for the subjective analysis. You will have to explain in detail a lot of things. What's exactly on the video? Where will it to be played? What will you do with the music? What's your budget for making that video? How many hits do you expect to get per month on YouTube? Will it be playing many times on the loop or mixed with other songs? Will there be ads playing at any point where the lyrics be displayed? Will you make changes to the lyrics or make parody lyrics? All of these and other questions may come up, and you must answer truthfully and in good faith. Now you may be thinking, this is going to cost me a fortune. Well, yes, if the song you want is Led Zeppelin's Kashmir. But outside the universe of the classics, you can try to negotiate a step Deal. A step deal means a payment based on your videos performance. This is also used for APS and video games. In this type of deal, you agree to pay X amount of dollars every time you make a certain number of hits, downloads, sales, etcetera, you pay by landmarks you reach. That will be part of the licensing agreement. For example, you will be asked to pay $1000 for every 300,000 hits on YouTube. This type of deal allows you to get a license with less money paid upfront. The bigger payments are deferred. If you really want to create great content for YouTube, be able to promote it and monetize it. You must be careful about your licensing on the next video. I'll answer more of your questions. See you there.