Kouderay

COPYRIGHT CONUNDRUMS


FILM MUSIC LICENSING


DIEGESIS: SOURCE & SCORE

  • Music will either be source or score .
  • Source music = Music within the story. The characters can hear it. (Diegetic)
  • Score music = Music external to the story. Only the audience hears it. (Non-diegetic)


LICENSING - The process of negotiating permission to use an existing piece of music. The "license" is the document that sets out the terms & conditions that have been negotiated for usage of the music.

  • SYNC LICENSE - License to record & synch up a composition with visuals .
  • MECHANICAL LICENSE - License to record & produce physical recordings of a composition not including film & video . [AUDIO ONLY]
  • MASTER USE LICENSE - License to use an existing sound recording for another purpose Including film & video .
  • PERFORMANCE LICENSE = License for public performance of a composition (i.e. live, broadcast, jukeboxes, etc. including TV broadcast of film or video, but NOT theatrical release in the USA).
  • PROs = Performance Right’s Organizations (i.e. ASCAP, BMI, SESAC, PRS, et.al.)


Licensing Library Music

  • NEEDLE DROP= pay per cue, - license one cue, one time, in one film / pay for each cue used .
  • BUYOUT= pay by program length, license as many cues as you want in one film / pay by the length of the film.
  • BLANKET= pay by calendar period, license as many cues in as many films as you want in a calendar period / pay a license fee for a specific calendar period.
  • ROYALTY FREE - pay once, up front, license as many cues in as many films as you want / pay a single up-front license fee (license may be open or closed ended [99 years]).


Film Music Credits

  • SCORE BY” Where music is used in the film-synchronization (music editor)
  • “MUSIC BY” The composer (creator)
  • “MUSIC SUPERVISOR” Selector of music cuts to be suggested, researcher, diegetic specialist, & copyright clearances.



MUSIC RIGHTS

  • Intellectual property: intangible property that is the result of creativity. A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and property such as patents, appellations of origin, business methods, and industrial processes.
  • Property from original thought protected by law: original creative work manifested in a tangible form that can be legally protected, e.g. by a patent, trademark, or Copyright Law. Property that results from original creative thought, as patents, copyright material, and trademarks. A work that is the creation of the (human) mind. This includes artistic works, literature, inventions, names, symbols, pictures, and etc. The area of law that regulates the ownership and use of creative works, including patent, copyright and trademark law.
  • Patent - A legal monopoly, granted by the U.S. Patent and Trademark Office, for the use, manufacture and sale of an invention.
  • Trademark - A symbol, word, or words, legally registered or established by use as representing a company or product.


COPYRIGHT


  • The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work).
  • The exclusive legal right, given to the originator or their assignee for a fixed number of years, to publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.


Creative's control of original work:


  • The legal right of creative artists or publishers to control the use and reproduction of their original works.
  • The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
  • The exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will.
  • As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection.
  • A legal device that provides the owner the right to control how a creative work is used.
  • A copyright is comprised of a number of exclusive rights, including the right to make copies, authorize others to make copies, make derivative works, sell and market the work and perform the work.
  • Any one of these rights can be sold separately through transfers of copyright ownership.


LICENSE

  • Permit: a printed document that gives official permission to a person or group to own something or do something .
  • U.S. law legal authorization: official permission to do something, either from a government or under a law or regulation.
  • Official or legal permission to do or own a specified thing.
  • A private grant of the right to use some intellectual property such as a patent or musical composition.
  • A special permission to do something on, or with, somebody else’s property which, were it not for the license,could be legally prevented or give rise to legal action in tort or trespass.



PUBLIC DOMAIN


  • In copyright law, the right of anyone to use literature, music or other previously copyrighted materials after the copyright period has expired.
  • A creative work, invention or logo that is available for use without permission from its owner. This typically occurs after patent, trademark or copyright protection has expired.
  • Not in copyright: the condition of not being protected by patent or copyright and so freely available for use.
  • The status of publications, products, and processes that are not protected under patent or copyright.



WHAT IS A PUBLISHER?


Music Publisher (Editeur de musique)

  • A music publisher takes responsibility for exploiting, administering and protecting the repertoires of musical works that they own, or control, on behalf of others.
  • Certain publishers offer artistic direction, career development, and demo production services to the songwriters with whom they work.
  • Often, a music publisher organizes collaborations for their songwriters (such as bringing together the lyricist and the composer).
  • Sharing with the songwriter the royalties collected by the publisher and derived from his/her musical works remunerates the publisher.
  • Two national professional associations represent the interests of music publishers in Canada: the Association des professionnels de l’édition musicale (APEM) and the Canadian Music Publishers Association (CMPA).


Publisher – a person or company who acts as a song’s promoter and seeks to maximize the circulation of a song to the public through recordings, film, TV, print, the internet, etc. A publisher typically works with numerous writers and songs.

Music Publishing - The commercial exploitation of songs through the issuance of mechanical licenses, synchronization licenses, performing rights licenses, print licenses as well as other licenses authorizing various uses of the songs.

PUBLISHER

  • The role of the Music Publishing company is to exploit musical copyrights to generate royalties. The author will often assign or transfer copyright to a music publisher, generally for a specified time, after which ownership will revert to the author who may then re-assign or transfer the copyright.
  • The term "published music" is widely used in the industry to mean music in which the copyright is owned or controlled by a music publisher, but which does not form part of a production music library.
  • The term "publishing" is often used to refer to the copyright in the musical work, regardless of whether it is the reproduction (or 'mechanical') or the performing and communication right that is being referred to.


Copyrights & Clearances

  • Copyrights, patents, & trademarks are "intellectual property."
  • Owners of "intellectual property" have certain rights as to how it can be used, like owners of "real property" or "personal property."
  • Copyright law spells out these rights.


Music Licensing = the process of negotiating permission to use an existing piece of music.

  • The "license" is the document that sets out the terms & conditions that have been negotiated for usage of the music.


Types of music licenses:

  • Print License = License to print sheet music of a composition.
  • Performance License = License for public performance of a composition (i.e. live,broadcast, jukeboxes, etc. including TV broadcast of film or video, but NOT theatricalrelease in the USA [this is handled directly through Publisher]).
  • Mechanical License = License to record & produce physical recordings of a compositionnot synched up with visuals (i.e. CDs, etc.).
  • Synchronization License = License to record & synch up a composition with visuals (film,TV, slide shows).
  • Master Use License =License to use an existing sound recording for another purposeincluding film & video.
  • Grand Rights License = License to perform music on stage (i.e. opera, play, ballet, etc.).
  • Direct License = License that pays Performing Rights fees directly to the copyright owner/publisher, bypassing ASCAP, BMI, etc.


There are three copyrights involved in film music:

  1. Written Score: Composition & arrangements
  2. Performance
  3. Physical recording


MUSIC SOURCES

  1. PRODUCTION
  2. LOCATION
  3. SOURCE
  • Music recorded during shooting (example-a band).
  • Copyrights still need to be cleared and releases for performance given.
  • Spot news rights and the effect on documentary shooting.


ORIGINAL COMPOSITION

  • Music created specifically for use in a particular film.
  • All rights can be purchased-the more rights you buy-the more it costs.
  • The only right that can never be sold or given away is the right of creator (this is aninalienable right in the USA).


CONSUMER RELEASE

  • Music released to the consumer at large can be cleared for film use by contacting those who hold the various rights.
  • Some times free some times not.
  • Harry Fox Agency


LIBRARY

  • A prerecorded collection of music that is available for use in the building of soundtracks.
  • Paying per use can clear all copyrights.
  • Clearance is for use in ONE specific film.


  • NEEDLE DROP LICENSE License one cue, one time, in one film / pay for each cue used. BUYOUT LICENSE License as many cues as you want, in one film / pay by the length of the film.
  • BLANKET LICENSE License as many cues in as many films as you want in a calendar period / pay a license fee for a specific calendar period.
  • ROYALTY FREE LICENSE License as many cues in as many films as you want / pay a single up- front license fee (license may be open or closed ended [99 yearrs])
  • PUBLIC DOMAIN This is the most misunderstood source. Music becoming public domain upon the death of the composer and the 99-year rules no longer exist.Willing or giving copyrights to estate holdings can perpetuate all art forms and their rights.Music and its rights can be given to the public domain.


What about performance rights of public domain music?