Producer Handbook: Music Rights

Music Rights
Music rights and their relationship to public television can be confusing. This section will provide you with a general overview of the types of issues that you’ll be facing as you embark on the process of clearing the music for your show.

A Myth About Music
Before we begin, we’d like to dismiss the commonly held belief that a music clip under 10-15 seconds can be used without clearing the rights. This is not true. The copyright owner owns the copyright at any length and the music needs to be cleared unless it is in the public domain or it is deemed fair use.

Overview of Music Licensing
Music licensing is the process of licensing, or negotiating permission, to use an existing piece of music. The "license" is a document that is created to document the terms and conditions that are negotiated for the usage of the music.

Common Questions/Concerns

• What are some of the elements of music licenses?
• What licenses do I need for my television program?
• What are some of the different types of licenses?

Types of Music Rights

• Synchronization Rights - The right to use the composition of the song in your program
• Master Use Rights - The right to use an existing recording in your program
• Performing Rights - The right to perform the music publicly
• Dramatic Use Rights – The right to use the music in a “dramatic setting”

Obtaining Sync and Master Use Rights
So what does all this mean in terms of actually having to clear rights? For instance, assume that the music is not in the public domain and not covered by the Fair Use Doctrine. Chances are, you won’t have to worry about performing or dramatic use rights, and so we’ll concentrate on sync and master use.

• Obtaining Sync Rights
• Section 118 Compulsory License for Non-Profit Producers - Music
• Clearing Sync Rights For Markets Outside of Public Television
• Obtaining Master Use Rights
• Obtaining Synchronization & Master Use Rights from the Same Place
• Foreign Rights
• Music as Part of Acquired Footage

Other Sources of Music Needledrop
Music and effects that are included in production library collections can be licensed from the library or other source of the “needledrop” selection for a fee. Generally the license fees for needledrops are much less than the cost of a sync license or master use license - although needledrop may cost more than original music. Since royalties may need to be paid to ASCAP or BMI by stations broadcasting the program, note all pertinent information on your music cue sheet.

Original Music
The best way to obtain music clearances is to have original music composed for your program. In addition to creating music that uniquely fits your program, it can be less difficult and costly than clearing rights to existing music.

Unless the composer(s), arranger(s) and musician(s) explicitly transfer the copyright in the composition and sound recording to you (it must be in writing), you are only licensing the music for use in your program. The composer(s) and the musician(s) may retain the copyright to the music and the recording; you license sync rights and master use for exploitation including public television. This is fairly common and, if done properly, will comply with your Production License Agreement. However, to keep the music unique to your project, you may wish to prohibit the music from being used elsewhere, like other television shows or motion pictures. Always use written agreements! It asks for worldwide rights in perpetuity and copyright of the music. This agreement asks for the full/complete rights, which are not always available. With the help of a qualified entertainment attorney, the Composer’s Agreement can be revised as necessary or adapted to the Standard Materials Release to suit your needs. In any case you want to preserve the ability to distribute your program as you see fit without the need for additional payments.

Public Domain Music published more than 95 years ago falls in the public domain and requires no clearance. Just because a song was composed more than 95 years ago doesn’t mean that the arrangement or version or sound recording you are using is clear. Many older or traditional pieces of music can have updated or recent arrangements. For example, you use “The Star Spangled Banner” in your program. The song is more than 95 years old, but Jimi Hendrix did the arrangement and sound recording. The arrangement and sound recording are thus copyrighted and must be cleared. 

Composed Music

• What is a composing contract?
• What are the two major types of composing contracts?
• What are some of the elements of a composing contract?
• Who Are ASCAP and BMI?

Music Rights Information On-Line
If you are having trouble locating information needed on the Music Cue Sheet, there may be help available on the Internet. Both BMI and ASCAP have databases available through their websites and can be used to research the writer and publisher of songs, as well as inform you as to who controls the performing rights, be it BMI or ASCAP.

ASCAP Website
www.ASCAP.com - click “ACE Title Search” which will allow you to search by title, writer, performer or publisher.

BMI Website
www.BMI.com - from the home page click on the “Search” button, which will allow you to search by title, writer, publisher or artist.

Bug Music
www.bugmusic.com

Harry Fox Agency
www.harryfox.com

SESAC
www.sesac.com

What Does Music Cost?
This question cannot be easily answered. Sometimes you can get a low-fee or no-fee rate to clear a song or piece of footage for festival use with the condition that you pay a higher fee if the film/program is shown or distributed in other venues.

The fees paid or quoted for music clearances for documentaries and dramas have ranged all over the map: from freebies (where a musical artist felt some connection with the material in the program) to $13,000 for one minute of a song for public television and home video rights only. There have also been cases where a songwriter may want to license a song to a filmmaker for a minimal fee, but the company that controls the publishing of that music may want to charge their usual fee (and has the final say so). The popularity of the material, the length of the license period, the markets in which you can distribute the work, the number of videotape copies or what you can charge, or even how well disposed the rights holder is to you or your work may all be factors in the price you pay for licensing rights. There are no rules on fees. Sometimes pleading “low budget” will help lower the fees, sometimes not.

Confused? It’s a normal reaction. There are music supervisors who clear music rights for a living and often assist in the selection of the music as well. Depending on your budget, you may want to consider hiring a music supervisor. With or without a music supervisor, the clearance process will take some time, typically a month or more for response to a single request. The general rule is the larger the publishing or record company, the longer the wait. Plan accordingly.

Music Cue Sheets
What are music cue sheets and why are they important?
A music cue sheet is a document, usually prepared by the producer/distributor of a program, that lists all of the music contained in a production including the title, composer(s), publisher(s), performing rights affiliation, and use and timing of each musical cue. The cue sheet is used by all parties in the royalty distribution process to determine the amount of royalties to be paid for the public performance of the music contained in the program, and to whom those royalties are paid. More importantly, the information contained in the music cue sheet determines whether a performing rights fee must be paid to a society.

Accurate and complete music cue sheets are required for all programs. Since cue sheets must be delivered with the final program, the easiest time to prepare them is during post-production (creating cue sheets later can be an enormously frustrating and time-consuming task). Please see the sample Music Cue Sheet and instructions on the following pages. If you have questions, please call the NAPT production department.

Fictional PBS Music Cue Sheet (PDF)

PBS Music Cue Sheet Instructions (PDF)

Blank Music Cue Sheet (DOC)

Blank Music Cue Sheet (EXCEL)