Okay,
Now that you have gotten the pessimism I’ll answer the question.
You can then decide if you would rather not even try, or go for
it.
These are the steps you will have to take to get a quote from
publishers and labels:
1. All music must be cleared first (getting permission). You do
this by submitting 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
- 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 the song 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.
You can find out who the publisher is by using
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.
People who are held back by the very real possibility that that may fail
will never succeed. Go for it. The worst thing that will happen is you
learn that you cannot afford the song.
