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The
Tennessee Film, Entertainment and Music
Commission does not consider itself to
be an authority on legal matters, and
lists the following material for informational
purposes only.
How
can I get experience in the music industry?
How
can I get my song put into film or TV?
What
is music licensing?
How
is music licensed for films?
Do
I need a license to sample a track?
How
do I obtain a license to use copyrighted
music?
What's
the difference in a copyright, patent,
and trademark?
What
is required to have a song copyrighted?
How
do I register for a copyright?
Which
form should I use to copyright my music?
How
long does a copyright last?
How
do I research who owns a copyright?
How
can I get permission to "cover" a song?
What
does it mean to have a song "published"?
Create
own publishing company or use an established
publisher?
What
is a Composing Contract?
What
are performing rights royalties?
How
do ASCAP, BMI, and SESAC work?
What's
the typical royalty situation for film
and TV projects today?
What
is a music cue sheet?
Where
can I take courses related to the Film/Music
Industry?
Q:
How can I get experience in the music
industry?
A: To gain knowledge and
experience in the music industry most
people start by completing an internship
with a company. This can give you the
chance to learn from seasoned professionals
as well as the opportunity to meet people
working in the music industry. Meeting
people will be the most valuable resource
you have in breaking into the industry.
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Q:
How can I get my song put into film or
television?
A: You would need to submit
your work to a “music supervisor” whose
role is to find the types of music that
the director has in mind for his project.
A listing of music supervisors will be available
in our on-line music directory.
You can also contact the Hollywood
Creative Directory for more listings.
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Q:
What is music licensing?
A: 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.
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Q:
How is music licensed for films?
A: When a song is used
in a film it is not only performed but
also reproduced in copies. These are rights
that come exclusively with copyright ownership.
The film producer must obtain the proper
licensing to use a song in an audio/visual
production. This involves two separate
copyrights: One for the underlying music
which is owned by the publisher, and one
in the specific recording of the music,
which is owned by the record company.
A synchronization license covers the right
to use the music, and a master recording
license covers the use of the music. Because
films are made to be reproduced the filmmaker
must obtain both.
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Q:
Do I need a license to sample a track?
A: Yes, you must obtain
a clearance, or copyright license, for
every sample that you use in your recordings.
You can get a license from the copyright
owner directly and negotiate a fee. Also,
because both the composition and the sound
recording are used in a sample track,
you must obtain two clearances: one from
the owner of the copyright in the song,
and one from the owner of the rights to
the sound recording. Sometimes this may
not be the same person or company.
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Q:
How do I obtain a license to use copyrighted
music?
A: First, gather as much
information as you can about the music
you are interested in: exact song title,
songwriter, music publisher, and performing
rights organization. Second, contact the
appropriate performing rights organization
to get the name, address and phone number
of the publisher who controls the copyright.
Thirdly, contact the publisher. Tell them
you seek to obtain a mechanical license
for a song they control. However, if you
are using a song for a film you are required
to obtain a synchronization license from
the publisher.
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Q:
What’s the difference in a copyright,
patent, and trademark?
A: A copyright protects
intellectual property, such as books and
music. A patent protects actual inventions
and products. A trademark protects words
and symbols associated with a business.
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Q:
What is required to have a song copyrighted?
A: Two requirements must
be met before a song can be protected
by copyright: 1) the song must be original
to the author and 2) the song must be
fixed into a tangible medium of expression.
(paper, tape, CD, etc.) However, a song
title is not copyrightable.
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Q:
How do I register for a copyright?
A: You must register with
the United States Copyright Office.
The requirements vary with the types of
copyrights. Visit www.copyright.gov
for more details.
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Q:
Which form should I use to copyright my
music?
A: It’s actually easier
than it looks. The abbreviation after
the word “form” distinguishes the different
types. Form SR applies to “sound recordings,”
Form PA applies to “performing arts” and
so on. The different forms are explained
on the United States Copyright Office
website.
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Q:
How long does a copyright last?
A: For songs written since
1978, protection begins on the date of
creation and lasts the lifetime of the
author plus 70 years – with the exception
of “works for hire” which last for 75
years from the date of first publication
or for 100 years from the date of creation,
whichever is shorter.
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Q:
How do I research who owns a copyright?
A: The Copyright Reference
and Bibliography Section at the Library
of Congress Copyright Office can research
the copyright status of a song.
Your request and any other correspondence
should be addressed to:
Library of Congress Copyright Office,
LM-451
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Tel: (202) 707-6850 Fax: (202)
707-6859
http://www.copyright.gov
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Q:
How can I get permission to “cover” a
song?
A: To cover a song you
must obtain a mechanical license from
the copyright owner. This will clear you
to reproduce and distribute copies of
the song, which are among the exclusive
rights that come with copyright ownership.
You may contact the publisher of the song
or provide notice of use to the copyright
owner directly and indicate that you will
pay the statutory rate for the use of
their work.
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Q:
What does it mean to have a song “published?”
A: A song is considered
to be “published” once is has been distributed
to the public by sale or some other means.
It can also be helpful to register your
material with one of the performing rights
organizations: ASCAP, BMI,
and SESAC.
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Q:
Should I create my own publishing company
or go with an established publisher?
A: Some artists prefer
to create their own publishing entity
and either administer the rights themselves
or hire someone to do it for them. This
way you keep your copyrights and your
publishing, but you have to do much of
the work and make the contacts yourself.
You can register your company with a Performance
Rights Organization for collecting the
performance income. On the other hand,
a good publisher can make you a lot of
money. They don’t make money unless you
make money, so they have a financial stake
in your success. They have contacts and
experience in negotiating the licensing
fees. They can plug your songs for radio
airplay and shop your songs to other artists
which will generate more performance and
mechanical royalties. Just remember you
must sign over your copyrights to the
company for administration, and in turn
the publishing company agrees to pay a
specified percentage of all revenues collected
to the writer.
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Q:
What is a Composing Contract?
A: An agreement called
a composing contract or composing agreement
is usually created when a production company
hires a composer to write original music.
It is a legally binding agreement that
covers the terms and conditions under
which the composer is being hired to write
the music, and the ownership and usage
of the music going forward into the future.
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Q:
What are performing rights royalties?
A: ASCAP, BMI, and SESAC
are performing rights organizations in
the United States. Their main function
is to collect performing rights royalties
from those who commercially use the music
of their member writers and publishers.
They distribute royalties to their members
after administration costs are deducted.
ASCAP
Mike Doyle, Membership Relations
2 Music Square West
Nashville, TN 37203
(800) 492-7227 (615) 742-5000
(800) 910-7347 (615) 742-5020 fax
BMI
Bradley Collins
10 Music Square East
Nashville, TN 37203
(615) 401-2767
(615) 401-2707 fax
SESAC
Timothy Fink, Writer/Publisher Relations
Mandy Reilly, Assistant
55 Music Square East
Nashville, TN 37203
(800) 826-9996
(615) 320-0055
(615) 321-6290 fax
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Q:
How do ASCAP, BMI and SESAC work?
A: If a performance is
logged (i.e. identified by ASCAP, BMI,
and SESAC as having been broadcast), a
royalty will be paid based on the number
of times the film or show is broadcast
and other factors such as the length and
type of music performed. There are very
specific formulas that are used to calculate
the royalty payments for each performance.
In some cases the historical popularity
of a composition will increase the current
royalties paid for performances of the
composition. You should consult the performing
rights organizations for specific rules
and formulas that determine the calculation
of royalties.
Equal royalties are paid to the writer(s)
and publisher(s) of the music, and are
paid on a quarterly basis. In order to
collect publishing royalties, the composer
or filmmaker must have a registered publishing
company with ASCAP, BMI, and SESAC.
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Q:
What's the typical royalty situation for
film and television projects today?
A: It is customary that
composers retain all writers' royalties.
Only in special circumstances such as
when the composer is an employee of a
larger organization (such as a staff composer
for a company) will the composer give
up writer's royalties. The subject of
whether ghostwriters, sub-composers, and
others employed by some composers have
a claim to writer's royalties is a frequently
discussed topic, as is the legal and artistic
role of these uncredited personnel. In
theory, anyone who contributes original
creative material to a piece of music
may have a legal claim of authorship or
co-authorship to the material. The simplest
way to avoid any disputes in this area
is to determine who will receive credit
when the contract is being drawn up. Today
it is a common and accepted business practice
that the filmmaker or television production
company retain publishing rights to original
music created for a film or television
production. In this situation, the publisher's
performing rights royalties would be paid
to a publishing company owned by the film
production company. The only requirement
here is that the production company must
set up a publishing company with ASCAP,
BMI, or SESAC depending on the affiliation
of the composer(s) and must submit cue
sheets to these organizations listing
the music contained in the production.
Composers that retain the publishing on
music they write will usually set up their
own publishing company with the performing
rights organization with whom they are
affiliated.
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Q:
What is a music cue sheet?
A: A cue sheet is a document
that is filed with the performing rights
organization and contains a detailed listing
of each piece of music used in a film
or television production. A music cue
sheet MUST be filed in order to receive
royalty payments. The cue sheet is usually
prepared by the music editor for a production,
but can also be prepared by the composer
if the composer has information on all
music used in the production. The cue
sheet contains information for each piece
of music including the writer(s), publisher(s),
usage of the music (background, theme,
etc.), length of the music, and a title
for each piece of music.
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Q:
Where can I take courses related to the
Film/Music Industry?
A: Visit the Education
section of our website for links
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Books
that may be helpful:
“This Business of
Music” - M. William Krasilovsky, Sidney
Shemel
“More About This Business
of Music” - M. William Krasilovsky,
Sidney Shemel
“How To Succeed in
the Music Business” – Allen Dann,
John Underwood
“The Musician’s Business
and Legal Guide” – Mark Halloran
“All You Need To Know
About The Music Business” – Donald
S. Passman, Randy Glass
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