I'm surprised there isnt a thread about this.

Around how much does it cost to get the rights to put a famous song in my film? I mean like a really famous, top of the charts song. Does it depend on if i use the whole song, or parts, or how many times...?

If you want the truth you'd better have a gigantic budget. I mean I would love to put some of Breaking Benjamin's new stuff into my upcoming film but I'm only makin around $5,000 a year right now. On my last project I wanted to use a 30 second clip from this no name artist and she wanted $799 for it. I told her no thanks I'll just use something else of the same exact quality from stockmusic.net and pay $30 for it.

Well thats sort of useful info but...... it still doesnt really answer my question....

Well thats sort of useful info but...... it still doesnt really answer my question....

Well I say this because that was a no name artist charging $799 for a 30 second clip in my credits. If she was a no name artist (which she was) I can only imagine the huge price tag on a mainstream song.

theres no awnser. every song and artist will be different depending on the film and how much the producer can get it for.

but upwards of $100,000 and most likely royalties.

Both CDCosta and DRthunderMD answered your first
question so I'll take the second.

Does it depend on if i use the whole song, or parts, or how many times...?
Yes. All those aspects matter. The prices can be
different depending on your intended use.

Don't forget the cost of your entertainment attorney. Anywhere from $150 to $500 an hour.

This is all negotiated between songwriter and producer. Look up their info on ASCAP, BMI, or SESAC, and then contact them.

Major publishing companies are COMPLETELY unrealistic about licensing not just famous songs but obscure songs. Once I wanted to license "Piece of the Action" by "Beau Nasty" (who was a 1 album flash in the pan band that nobody but me remembers) and the Harry Fox Agency (I believe it was) wanted like a THOUSAND DOLLARS just to allow me to use the song in my movie at film festivals. I asked them why the hell would I pay that amount considering that festivals are FREE and nobody makes any money off of them. They were clueless. I told them to take a hike.

I suggest contacting an agency that is realistic about their prices and the fact that indie producers want to license stuff in perpetuity for a flat price. I wound up using www.nomamusic.com They rep bands that have studio quality recordings.

Yeah those prices can be very.... Laughable I guess would be the right word.
Off course it is just to protect the rights of the composer, but publishers tend to go a bit overboard with that.

Myspace is your friend... Just send a nice e-mail to unknown artists you think will fit. Most likely they'll be happy just for the credit.

I always find it interesting that filmmakers, who I assume are
interested in making money from their work, do not appreciate
that musicians want to make money from their work.

I know, I know, you think publishers and musicians are asking too
much because you won’t be making a profit. Why should they?

Let’s hope that someday you have something that other people like
enough want to use. Perhaps your excellent script. Maybe a great
scene from your feature. Or even a wonderful short film.

The analogy isn’t really accurate because it doesn’t happen -
except maybe for a script - but I hope my point is clear. These
people worked hard and they created a product that other people
want to use. They want to be paid.

Selling out? Greedy? Unrealistic?

I hope that when those of you who feel music (even famous songs)
should be given away or sold for a price you can afford will give
away your hard work when you have reached that level. When that
beginning filmmaker wants to use your script and just can’t
afford to pay for it, you will give it to them with your
blessing.

I couldn't agree more with Directorik...

Whether or not you can afford or are willing to pay for music (or audio design or scripts or lighting design or craft services, etc) has nothing to do with someone's right to charge for it.

Use a firm that specializes in clearing music, like Evan Greenspan. Sometimes, a composer/songwriter might love your film and give you a break.

This is like asking how much a car costs. It depends on many factors. Permission is all that is needed and, if you know the right people, that can be had as a buddy deal. Having made so many tour spots for so many prominant bands, I've often been able to get permission with just a call or an email. In some cases, I didn't go through the lable at all.... the artist did.
Bottom line, if you have a song in mind, make the call and state your case. It's not a template.

some good advice here. some not

entertainment attorney? like is that a default response? please tell me what that does for you? can no one make an agreement anymore without some attorney present? (jeez, i hope i'm not sounding anti-litigious :)

harry fox, the ascap, bmi, or others are not the way to go. they are collection agencies. they don't have any means to see if the artists like the film or if you can get some sort of discount. they simply are in the collection business. absolutely try to contact the artist first.

more than likely you can't reach them, and you couldn't afford it anyway, if it's as "famous" as you are talking about.

this is ok.

i assure you there are a great host of artists as good as any famous band you are thinking of. if you haven't heard it yet, you aren't looking in the right place. the music director for grey's anatomy demonstrates this on a regular basis, just as an example. and the new moon soundtrack has received just as much attention from it's independent artists as it has from it's mainstream artists, as another example.

I know I had it come up on an audiobook I recorded, and I'm sure it's the same in films, is that someone owns the rights to the happy birthday song.

Anyone who knows the full details on this please explain because I would like to know for myself, but apparently you have to pay for the Happy Birthday song to be in your film.

(Yes the one that everyone sings to you on your birthday).

Warner Chappell Music owns the copyright. They have
held up the release of some movies that have used their
copyrighted song so if you're seriously interested in using
it in a movie it would be wise to contact them.

some good advice here. some not

entertainment attorney? like is that a default response? please tell me what that does for you? can no one make an agreement anymore without some attorney present? (jeez, i hope i'm not sounding anti-litigious :)
It's actually pretty good advice. No one here knows the
actual laws regarding each piece of music and using
something you aren't free to use can hold up the distribution
(or even festival showing) of your movie. So contacting the
right person regarding a legal matter give you the exact,
real, accurate info a filmmaker will need when it comes time
for distribution. Doing your own research is great, but at
some point contacting an attorney about this legal aspect
of a movie production can be an excellent choice.

harry fox, the ascap, bmi, or others are not the way to go. they are collection agencies. they don't have any means to see if the artists like the film or if you can get some sort of discount. they simply are in the collection business. absolutely try to contact the artist first.
While BMI and ASCAP do not have the means to see if an artist
likes the film, both have contact information of the music publisher.
They even have specific Film/TV departments that help a filmmaker
find what they are looking for. So then can be the way to go when
looking for music licenses.

I could be wrong (and probably am). If you take an ultra famous song and hire people to record it, then the cost will be minimal at best. If you hire the right people, the song can be almost exact. Anyone can record a song, you just have to pay royalties to the proper people (publisher/writers).

It's actually pretty good advice. No one here knows the
actual laws regarding each piece of music and using
something you aren't free to use can hold up the distribution
(or even festival showing) of your movie. So contacting the
right person regarding a legal matter give you the exact,
real, accurate info a filmmaker will need when it comes time
for distribution. Doing your own research is great, but at
some point contacting an attorney about this legal aspect
of a movie production can be an excellent choice.


While BMI and ASCAP do not have the means to see if an artist
likes the film, both have contact information of the music publisher.
They even have specific Film/TV departments that help a filmmaker
find what they are looking for. So then can be the way to go when
looking for music licenses.

thanks for the reply. i guess my point then is that the default response, at least in my opinion, unless you have money just burning a hole in your pocket, is you should do your own research. having an attorney do research for you would be like learning how to play blackjack at the 100 dollar minimum table.

as far as the use of a cover song in a movie...


selling a cover song is easy to do, and can be arranged in minutes sometimes through agencies such as harry fox. however, since the publisher still holds control over the original song, you can not just put that cover song into a movie. it will be cheaper to use a cover song, but you still need to set up a negotiation with the publishing company to accomplish it.

ascap, bmi, or others are not the way to go. they are collection agencies. they don't have any means to see if the artists like the film or if you can get some sort of discount. they simply are in the collection business. absolutely try to contact the artist first.
They don't handle music in films anyway, they handle royalties for song plays. The reason you go them is to look up the publisher/owner of the song for contact info. If you even wanted to give them money they couldn't take it. http://www.ascap.com/filmtv/faq.html

I could be wrong (and probably am). If you take an ultra famous song and hire people to record it, then the cost will be minimal at best. If you hire the right people, the song can be almost exact. Anyone can record a song, you just have to pay royalties to the proper people (publisher/writers).
You are right that you are wrong...

You are correct that anyone can record a song
and royalties need to be paid, But the copyright
holder still controls the right to copy (record) a
cover version of the song. And it still can be very
expensive. There are some publishers who won't
agree to a cover version for any price.

They don't handle music in films anyway, they handle royalties for song plays. The reason you go them is to look up the publisher/owner of the song for contact info. If you even wanted to give them money they couldn't take it. http://www.ascap.com/filmtv/faq.html

agreed.

you still need to set up a negotiation with the publishing company to accomplish it.

You are right that you are wrong...

You are correct that anyone can record a song
and royalties need to be paid, But the copyright
holder still controls the right to copy (record) a
cover version of the song. And it still can be very
expensive. There are some publishers who won't
agree to a cover version for any price.

Really? I know so many musicians that record cover tunes and put them on their CDs. They inform the copyright holders after they do this, and none have ever had a problemI guess the copyright holder has to think if its profitable to go after the artist.

Really? I know so many musicians that record cover tunes and put them on their CDs. They inform the copyright holders after they do this, and none have ever had a problemI guess the copyright holder has to think if its profitable to go after the artist.
My mistake. I thought we were talking about recording
a cover to put in a movie, not on a CD. Seems you are right.

My mistake. I thought we were talking about recording
a cover to put in a movie, not on a CD. Seems you are right.

So, it's a completely different story if you want to use a cover in a movie? Damn laws are so confusing.

With Myspace and Facebook it's so easy to find music for movies nowadays. There's thousands of artists who would sell their souls to have their songs featured in a movie. It's a much easier way to get a sound track then deal with name brands when you have no money.

Really? I know so many musicians that record cover tunes and put them on their CDs. They inform the copyright holders after they do this, and none have ever had a problemI guess the copyright holder has to think if its profitable to go after the artist.

The copyright holder for the SONG is the Publisher. They control the rights and usage of that song - even if you are trying to release it as a cover on a CD. My guess is your friends have been lucky - esp if they have been making money from the CDs!

Any established publishing company will expect to be paid for the use of their songs - especially if they're used in a commercial context. That is there job - to exploit (not in a negative context) their catalogue of music. They license songs. Asking for permission after you've already used a song is 1 way to either be faced with a MASSIVE retrospective licensing fee, or be forced to withdraw your CD / film etc from market immediately and face a potentially painful lawsuit.

If bands / artists 'self-publish' and retain the rights to their songs, they can sometimes be more sympathetic - esp if it is a small scale production without any prospect for making much money.

If you tried to release a cover version of The Beatles 'Hard Day's Night' without permission on a CD you'd see what I mean - not recommended!

there isn't a norm.
It's up to the lable and has to do with your relationship with em. I've never had to pay a penny.

Sometimes the band members have all the power, it's all in their contract. If you are lucky enough to find good music that the band has full say, and they love your rough cut of the film, then you can make a very favorable deal. But most of the time, you will face rejection and you will have to have your composer write something of similar nature. This is probably the most frustrating and longest process in post. Especially when you fall in love with the music/scene!

It seems like there's more than one way to do it-entertainment attorneys, relationship with the labels/bands, and just your contacts.


IE, someone like me(with NO contacts in the industry) going and asking for permission to use a Lady Gaga song in my short-yea, *IM* probably looking at attorney's and big money. Someone who has contacts in the industry and "knows people" may get a better deal.

I think the best way for anyone is to be upfront: Contact those responsible and say hey, I want to use your music in my film-who do I talk to? Sure they may quote you a staggering sum, or they may ask what you want to use it for, what type of exposure, ect. If I wanted Lady Gaga's people, I am thinking I would contact either her label, or her legal representative. I'll probably blanch, but only by getting that FIRST answer do I look in other directions.





I went on a bit of a rant, and edited-opened up another thread so as not to derail the discussion....

The total cost of music for my sports doc "Primal Quest Badlands" was less than 40 bucks,the cost of DVDs for the artist and shipping. I asked one artist to use a song, he said yes and sent me links to many more of his. When I needed more he got me in touch with the president of the record label. Then he sent me a dozen songs to use. Turns out my film his all the top Native American musicians in the country on it. Moral of the story, ask nicely the right people.