1. You will need to submit a synch license request form to
publishers and a master use license request form to the
record labels. This may vary depending on who actually
owns the respective rights. Publishers (if the song is under
contract) owns the underlying composition (the words and
notes). Record labels own the master recording (the musical
version that you hear; one song may have many master
recordings). This could change if the songwriter owns both
the underlying composition and the master. Research is
required to find out everyone who has a controlling interest
in the songs you plan to use.
The synch and master use request forms will need to have
the following rights in order for the publisher and record label
to properly quote you a fee:
- Will the song be used over the opening and closing credits
- Will the song be used as a feature (song is the main focus of
the scene) or background (song plays in the background of a
scene)
- How many times the song will be used
- Where will the song be used in the film
- How much of the song will be used
- Where will the film screen (Film Festivals, Theatrical, Art Houses,
Educational only, etc.
- The territory you film will screen (US, Canada, Europe, North
America or just specific territories only)
- How long do you want to license the songs in your film (3 months,
1 year, 3 years, 10 years, perpetuity) - Options can be submitted
also to lock in rates.
- Your production budget and music budget
- A description of the scene(s) the song(s) will be used in
- They could ask for more than just what's listed above. It just
depends on your film project and the song being used.
2. Once the publisher(s) and record label have replied to your request
form, they will either reject your request or grant it. If your request
is granted, it will be accompanied with a quote. This is the amount
you will have to pay in order to receive a official license to use their
song in your film. The quote will only be good for 60 to 90 days. If
you do not pay the licensing fee within this timeframe, you will have
to resubmit your requests.
3. Once you send your check, they will send you your official license
that you can show to festivals and distributors when proving you have
cleared the rights to your music.
4. Submit a cue sheet to ASCAP, BMI, and/or SESAC so the songwriters
can receive performance royalties if your film gets any broadcast type
distribution (cable TV (free and paid), free TV, subscription TV, etc.). A
cue sheet is a detailed list of each music cue showing songwriter info,
publisher info, exact timing of the song used, where it was used, etc.
Contact ASCAP's Clearance Express. Songs that are not represented
by ASCAP might be found at the National Music Publishers' Association.
You will be provided with a contact at the publisher's Business Affairs or
Licensing Department.
