Music Licence Enquiry

Have you watched a film or TV series and ever wondered how they managed to get a music license to use a popular song in the film/TV Show?

I have a specific song in mind to use at the end of the film, after a quick search on the internet I found out who held the licence/copyright for the piece of music.

Now, I must point out that I want to do a cover version of this song, not use the original song, I want something unique to the feel of the film. I want a female singer to sing the first three verses, then have a female choir come in underneath to give the remaining verses body and depth. No music.

My research lead me consider the following.

Are there different types of music licence?

There are two types of licences:

Sync or Master

A sync (synchronisation licence) is generally used for a cover version, but you will need the permission of the copyright owner of the original composition. The person who wrote the song.

A Master use licence is if you want to use the original recording, this will require the permission of the record label. The company that published/released the song.

Now you need to find out who holds the rights to the song. Searching through Performing Rights Organisations (PRO) like ASCAP, BMI or PRS will help.

For a master recording, you will need to know who released the song (record label). Some songs may have multiple publishers, if so you will need approval from all of them. Once you have found this out then you can reach out to them setting out a clear request:

• Your film’s title and synopsis

• How the song will be used (background, main feature, credits, etc.)

• Duration of use

• Distribution plans (festival circuit, streaming, theatrical, online release)

• Budget range

There are other things to think about or consider. Publishers are usually flexible when it comes to indie films/festival runs. Look to get a festival licence, this should reduce the rate from thousands of pounds to a few hundred. If you want to distribute the film on streaming or theatrical release, then you will need to re-licence, often at a higher rate. Importantly make sure the licence covers "derivative works" this will be the cover version, make sure you underline that you will not be using the original master recording. You could consider asking for a step deal, ideal for a festival license, with an option to upgrade for distribution at a later date.

My experience

I decided that I would go down the music sync licensing route. I found who held the rights to the song, I knew who composed/wrote the song, so I contacted the record label setting out what the film was about, why I felt the song is suited for the film and how it will be used in the film, i.e., over the closing credits.

After a few weeks I got a reply, in principle they were happy with the idea of using the song. However they wanted a bit more information about the film and where exactly the song would appear. I thought I had explained that in my initial email. I replied, pointing out how the song would be used, that it would be a cover version only and gave them a break down of the scene that precedes the credits and a detailed synopsis of the film.

A few weeks passed, then I got a reply saying that again in principle they were happy with the song being used. The fee for a festival run would be about two thousand pounds, as it was one of their popular songs. I must point out that there are hundreds of cover versions of this song on YouTube. I felt this was OK as I feel it will help the film in the long run while it goes into festivals.

So I contacted a local female choir (I already have a singer lined up ready to go) to see if they would like to be a part of this project. They were, but they would need a composer to arrange the song for the choir, this would include a cost to rehearse the song then for the song to be recorded. I would be looking at about a thousand pounds for this. Again I felt this was OK, I could cover it in the budget I have for the film. I might have to do a crowdfunding campaign (that's for another blog) to cover the additional cost. But again, I felt this would be worth it to be able to use the song in the film.

I contacted the record label again, saying that I was happy to pay the fee and what would be the next steps. A month went by this time, then I got answer. They need to get approval from the songwriter before they could give me answer. Part of the approval process would be for me to provide a copy of the cover version. Bare in mind, they said, that I might not get approval from the songwriter.

I had to think about this. Excluding the cost of the licence, I would be shelling out about a thousand pounds for the song to be composed for a choir, the cost of the composition (the composers time to compose it), the room hire for the choir to rehearse in, and then for the song to be recorded. All in the hope that my version would be approved. There is a 50-50 charge that it would not be approved by the songwriter.

What Now?

I replied explaining that it would cost me to do this, and as I have a limited budget for the entire film, I would be better of spending the money on getting the film made. I could set up a crowdfunding campaign for it, but we all know how difficult it is to have a successful campaign. I was willing to take the risk to do this only if I had approval to use the song, but I wasn't going to do it on the off chance that I might get the song approved.

I received a reply quite quickly, they said that they didn't want me to give up on the idea of using the song in the film (that was encouraging) and they understood with regard to the cost implications. They asked be to give then some idea of how it would sound. So I sent them several links to clips of cover versions of the same song on YouTube, sung by a female and one of female choir singing the song. The person I have been dealing with for the last few months said they would speak to their manager about this.

That was a week ago..... When I have more news I will update this blog.