Monday, March 12, 2012

Music Business/Law Tips - "Film/TV Music Clearance Issues" (outline)


#1 Rights To Clear:

Copyrights – (c) + (p)

Source for permission/license – Artist, Record Label, Music Publisher

#2 Synchronization License (“Synch”)

FILM - Key Issues:

(a) Fee [Free-$1,000,000+] – Factors:

- Budget – major studio v. indie
- Use of song – background v. theme
- Popularity of song/artist – hit v. indie

(b) Scope of License:

“All media/rights buyout Deal”

- Worldwide
- In perpetuity
- Covers theatre, TV, DVD, download/stream/mobile, all new technologies – e.g., NetFlix
- No per unit back-end royalty

“Festival License” – (indie, student, documentary)

- Limited rights/term - “Step Deal”:
- Build in options for additional rights
- Deferred fees based on: Distribution and/or Box Office Gross Receipts milestones

(c) Other Miscellaneous Issues:

- In Context/Out of Context – trailers, ads (additional use)
- Screen Credit
- Right to assign
- Cue Sheet obligations
- Union (Aftra, AFM re-use fees)
- Performance (BMI/ASCAP)
- Non-exclusive

TV (similar rights for free TV, cable, satellite, mobile – Simpsons)

VIDEO (similar rights for things like YouTube)

WEBISODE (similar rights for online/mobile)

COMMERCIAL (similar rights for all media)

#3 Composer For Hire (Work For Hire)

– create new music
– producer owns copyright

#4 Music Supervisor

Ben McLane Esq