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Music Information |
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Music Licensing
Music licensing can be a very confusing subject. My intent with this article is to give you enough details on what music licensing is and what are your rights to use music in advertising and / or video productions.
A few months ago I was contacted by a company that was celebrating 20 years in business. They wanted to put together a radio commercial that highlighted their celebration. Their request was to use Kool and the Gangs song Celebration in their radio spot. I explained to them in order to do this they would have to obtain a licensing which would cost them quite a bit of money. This was not an option for them due to their limited budget and ultimately they told me that they "went another direction" with their advertising.
If I had agreed to use this song without obtaining a licensing I would have put both of our companies at risk. It was not worth the risk just to make a sale. Beware that there are unscrupulous production companies that will do this type of illegal activity so the best protection you have is knowledge.
The copyright law protects writers of music by giving them exclusive right to their music. Once a piece of music is under copyright protection it is illegal to use it without getting permission to the owner of the copyright.
There are actually two types of copyrights in the United States. One is the actual copyright which is denoted with the familiar C with a circle around it. This protection is for the actual melody, lyrics and arrangement of the music. The copyright is usually owned by the actual artist that wrote the piece or their publishing company.
The second form of copyright is the actual recording itself. This is denoted by a P with a circle around it. This protection covers the performance of the song caught on tape or digital media and released on CD or other media. Many times a record or production company will own this performance right.
If you want to use a song in a production, you need obtain a Master Use license from the owner of the copyright and a Synchronization license (often called a sync license) from the owner of the performance of the song.
The fees for synchronization licenses vary greatly. Low-end TV usage (music is playing from car radio in a scene) can cost up to $2,000. In a film, the fee may be as high as $10,000. A popular song is worth more, possibly $3,000 for TV and $25,000 for film. A song used as the theme song for a film might get $50,000 to $75,000. Commercials can get even more money. Fees for a popular song can range from $25,000 to $500,000 plus per year. The typical range for a well-known song is $75,000 to $200,000 for a one year national usage in the United States on television and radio.
I think you will agree with me that that is allot of money and usually way over budget for many video and radio productions.
To get around these outrageous fees, music production companies sell buyout music. When you purchase a buyout CD you do not need to obtain a licensing to use the music. You can use the music hassle free and at a much lower cost.
Buyout music or royalty-free, as it applies to my products, means that for your one-time purchase price, you can legally use the music in your productions for life of ownership. All copyrights of the music remain with Zebra Music LLC. My jingle licensing agreement allows a protected area of 200 miles. By doing this no other companies in a local market will have the same jingle.
Many other production companies offer a similar buy out music licensing. I would advise you to read the licensing agreements with other production companies and ask questions if you have concerns.
Network broadcast and international broadcast of buyout production music is cleared through a performance organization (like BMI or ASCAP). The revenue that these songs produce when they are aired is paid directly from broadcast station licensing, NOT from you as a producer. These performance organizations then in turn pay each artist based on the amount their song or songs were aired on the radio or TV.
I hope this article has cleared up any confusion or questions that you have had about copyright and music licensing. *************************************** Steve Veloudos owns and operates Zebra Music LLC. It's a one stop shop for jingles, radio production, custom music, library music, and sound design. Visit Steve's web site and get free monthly music that you can use for your productions. 480-540-7768 ***************************************
MORE RESOURCES:
The Best Inaugural Music Moments The New Yorker How a Pakistani folk band changed Pashtun narrative through music Al Jazeera English No inaugural balls on this night: just Tom Hanks, music, fireworks, and feel-good affirmations The Boston Globe New Jersey music: 7 New Year new releases from up-and-coming talent you shouldn't miss Asbury Park Press Will Chicago have music and arts this summer? Chicago Tribune Keeping the music alive for youth artists Local 5 - weareiowa.com Music publisher BMG taps into Google Cloud to manage and analyse streaming data processes ComputerWeekly.com Music to your health Harvard Health Music-themed Bernie Sanders meme takes internet by storm Chicago Tribune Madison composer's music played during inauguration WAPT Jackson Op-Ed: Garth Brooks, bringing some unity through country music Los Angeles Times Local music: A mix of live, streaming shows Kenosha News Dolly’s music continues to inspire rising musicians WATE 6 On Your Side Drumsticks to joysticks: Music teacher turns to video games to help teach during pandemic UpNorthLive.com Best bets for entertainment Jan. 22-28 Cape Cod Times Justin Timberlake, Stax Music Academy perform in Memphis as part of Biden inaugural celebration Commercial Appeal New music with the new year The Recorder Nathans And Ronstadt Premier A New Music Video For 'Ghost Writer' Wisconsin Public Radio News Music executive Scott Borchetta forms Xfinity Series team NASCAR on NBC Sports Self made East Gull Lake musician creates his music on his terms Brainerd Dispatch 21st Annual Country Music Critics' Poll: The Results Nashville Scene Department of Music Launches the 'Accent Faculty Performance Series' University of Arkansas Newswire UCLA Opens Center for Music of the 'American Jewish Experience' Jewish Exponent Rock Music Menu: Rocking along with Biden at inauguration Daily Local News FSU grad composed new 'fanfare' music for Biden-Harris inauguration Tallahassee Democrat The music video series Live from Somewhere showcases local artists and the beauty of the Inland Northwest Pacific Northwest Inlander How Manny Guerra Shaped the Tejano Music Scene Texas Monthly Grand Ledge teachers find ways to bring music, dancing to students amid COVID-19 Lansing State Journal Around Town: Music around Erie, Jan. 21-27 GoErie.com Canon Organist/Director of Music Episcopal News Service Music stars slam UK's 'shameful' failure on EU touring rules The Associated Press TaP Music's Hannah Neaves and YouTube's Azi Eftekhari launch new creative agency, Remedy Inc. Music Business Worldwide 21st Annual Country Music Critics' Poll: Keeping Willie Weird Nashville Scene Duncombe students explore the science behind music | News, Sports, Jobs Fort Dodge Messenger Music review – Sia’s controversial film about autism lacks coherence and authenticity The Guardian Lakes Area Music Festival goes for Baroque Brainerd Dispatch Phil Spector, Famed Music Producer and Convicted Murderer, Dies at 81 The New York Times 21st Annual Country Music Critics' Poll: The Comments Nashville Scene Bloomington music store Tracks sees rise in vinyl sales during pandemic Indiana Daily Student All about music: Schedule of concerts around Snohomish County The Daily Herald 21st Annual Country Music Critics' Poll: Data Mining Nashville Scene Guilford official: The Blind Tiger can host live music — if COVID-19 rules are followed Greensboro News & Record Dubai Halts Elective Surgeries, Live Music as COVID-19 Cases Surge U.S. News & World Report Download your Google Play Music library or transfer to YouTube Music before 2020 deadline 9to5Google I Think Beethoven Encoded His Deafness in His Music The New York Times The best songs of 2020 ... that you didn't hear The Guardian How Pop Music Fandom Became Sports, Politics, Religion and All-Out War The New York Times Warner Music Group inks licensing deal with TikTok Music Business Worldwide Second Glance: Music store, Jan. 3, 2020 The Washington Post The 10 best global albums of 2020 The Guardian Rebecca Luker, a Broadway Star for Three Decades, Dies at 59 The New York Times Music City Bowl canceled after Missouri Tigers pull out of game due to rise in coronavirus cases ESPN |
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