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Licensing music for films...

It depends on what exactly you're looking for. If you want to use a pre-existing song.. Say 'Birthday' by The Beatles. (first thing that came to mind) you would need both the 'sync' and 'performance' rights. However, if you wanted to have a character in the movie sing it, you would only need the 'sync' rights. And so on and so forth..

Essentially, you contact the people who own the rights and see what kind of deal you can get. Shoot for 'Gratis' ;)

You also have to know what kind of rights you want, if it's for festival use only you can usually get the rights to most things for cheap or free.. but you would not be able to use those pieces for something that gets distribution outside of festivals (read: makes money) without explicit permission for that.

Here's a good link with some info, although it's not terribly in-depth info: http://www.discmakers.com/film/resources/edge/2004/e401.asp

This one will give some pointers on obtaining rights for a lot of things, music and otherwise:
http://www.bzrights.com/101.htm

This one is good too:
http://www.legamedia.net/dy/articles/article_15567.php

To make the process a little easier (and potentially more expensive) you could utilize a Music Clearance Service, I have no experience with these, but here's a couple that showed up in a quick web search:

The Music Bridge
Michael Welsh Productions - ClearanceDept.com
The Parker Music Group - MusicClearance.com
EMG - clearance.com

I would highly recommend checking out that EMG link, they have "free online resources that can help you get clearance on your own."

I'm sure there are others that can give you more details.. I'd like to help more, but I'm running short on time at the moment.
 
I think it's worth pointing out that the process is completely different in the UK, where you contact PRS (Performing Rights Society) to establish ownership of both the publishing and the recording rights, often held by different companies.

Then contact said companies and try to get the best price possible, if it's a feature let your lawyer do the negoitiations. If it's a short be honest and try for the best deal possible.

If it's short be careful about any form of internet distribution that isn't covered by your rights.

Contracts are normally agreed on a territory by territory basis, with the grand prize being an "in perpetuity global buyout."

Get a good lawyer for the contracts, if it's a feature.
 
That's the wording I was trying to remember earlier.. 'in perpetuity' and either 'global' or 'worldwide'.. and of course every poor filmmakers favorite 'gratis' ;)

Other music licensure buzzwords that are likely to pop up would be "Most favored nation" meaning no-one else gets paid more than that one..

So, say you get the sync rights, for $25 'most favored nation'.. but to get the performance rights it is gonna cost $50.. that means you have to turn around and pay an additional $25 to the sync rights people in order to uphold the most favored nation clause of the agreement.

I suppose some of this stuff might be a little different in Canada too, but all in all it's pretty similar.
 
i suppose i'll be a little more specific.

i work for a record label and they are inquiring about getting music in films.

do i just get a hold of the film companies and just ask?
 
Well.. I guess that would be another story...

Hmm, I'm not sure what your best route would be for that, generally I think people pick the music they want in their film, not the other way around. ;)

But then, there ARE all those old 80s movies and songs that go hand in hand.. songs were written for the movie, then became big on their own (Pretty in Pink, etc) I suppose it could go the other way.

In fact, isn't there a movie based on that song "Coward of the County" ?

Anyway, good luck to you.
 
I recently wrote a screenplay in which, while not necessary, it would enhance the film greatly if Led Zeppelin songs were included.

I've heard they are notorious for not letting people use their music (I know Cameron Crowe has been allowed to, but they are old friends).

Anyone know if this is true or not, or can enlighten me more on their stance?

Thanks.
 
Guided by Voices said:
The only way to find out is ask, find an email address and tell them how you will be using it. If you tell them that it wont be sold, and just submitted to Film Festivals they might let you use it.
Click to expand...

Well, I can write the names of the songs in without their permission (I am aware I'm not supposed to include specific music).

I was thinking aquiring liscensing would come after the script is sold, though I imagine if I could get them to agree on my own, it would help sell the screenplay. That seems like a long-shot though.

BTW GBV, are you named after Robert Pollard's now defunct group?
 
I was thinking aquiring liscensing would come after the script is sold, though I imagine if I could get them to agree on my own, it would help sell the screenplay. That seems like a long-shot though
Click to expand...

T,

It does seem like a long-shot, but I know of one Indietalk member (Cartoon Larry) who simply emailed Richard Hell (and the Voidoids) and asked for permission to animate one of his works. Hell heartily agreed and Cartoon Larry is currently producing the work. I say it's worth a try.
 
bird said:
T,

It does seem like a long-shot, but I know of one Indietalk member (Cartoon Larry) who simply emailed Richard Hell (and the Voidoids) and asked for permission to animate one of his works. Hell heartily agreed and Cartoon Larry is currently producing the work. I say it's worth a try.
Click to expand...

I guess it can't hurt! Question is, who to write to... the songs may be more page's, but I think Plant would be more... shall we say, reasonable. Hell, I'm sure I would end up just writing some lawyer.
 
T Shipley said:
Well, I can write the names of the songs in without their permission (I am aware I'm not supposed to include specific music).

I was thinking aquiring liscensing would come after the script is sold, though I imagine if I could get them to agree on my own, it would help sell the screenplay. That seems like a long-shot though.
Click to expand...
An interesting idea I have never heard of before.

I guess if you can afford to buy the Master Use License before you sell the script, it would make that old rule of not using specific songs in a spec script obsolete.

Same thing if you can get the copyright holder to give you the Master Use License. I, too, would imagine it would make the sale a little easier. As you pointed out - they don't license their music very often, except to old friends. Any producer who wants to make a film using their music would jump at the chance if the rights belonged to the writer.

Your right - it might be a long shot. Are you going to go for it?
 
T Shipley said:
I recently wrote a screenplay in which, while not necessary, it would enhance the film greatly if Led Zeppelin songs were included.

I've heard they are notorious for not letting people use their music (I know Cameron Crowe has been allowed to, but they are old friends).

Anyone know if this is true or not, or can enlighten me more on their stance?

Thanks.
Click to expand...

It may be true... check out the special features on "School of Rock"... there's a segment that they apparently sent to Zeppelin.. Jack Black is basically begging for their permission to use their music in the film because "It just won't be good without it" Funny segment whether it's real or not.
 
Guided by Voices said:
T Shipley - Yeah, Guided by Voices is one of my favorite bands..

Infact, just a few days ago I emailed thier manager and asked if I could use a few songs for my next film, I explained that it would not be for sale and just entered into film festivals/be free to download for my website..He emailed me back his number, I called and he gave me permission to use them. If I decide to sell it later on all I gotta do is call him back.
Click to expand...

Sweet. What songs are you using, if you don't mind me asking?

One of my favorite bands as well. Their shows were always a blast.
 
Guided by Voices said:
Im using Buzzards and Dreadful Crows and Surgical Focus. Im not sure if Im going to use both in one film, we are currently working on two projects (Drama and Horro)
Click to expand...

Just make sure you get that deal in writing.. ;)
 
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