How to Get Permission to Use a Song in a Film
Filmmakers frequently find themselves in situations in which copyrighted music is included in their work. Either because they just love a particular song or musical piece so much that they cannot help but to include it. However, as any filmmaker knows, figuring out how to get permission to use a song in a film is an important step. Especially if you’re filming a commercial video which will potentially be distributed or otherwise enjoyed publicly.
If you’re wondering how to get permission to use a song in a film, you’ve come to the right spot! Whether you’re making a short film, a commercial, a feature, or something entirely different. Knowing how and when to seek permission to use a song in a film is absolutely vital.
Understanding Musical Licensing Rights
Every song can actually be protected by two different types of rights. Which apply to the individual who wrote the song and to the person who recorded the song.
The songwriter holds publisher rights which are also called “sync” rights. Whereas the song recorder holds what is called the “master” rights. If you would like the right to include a song in your video, you must obtain written rights from both parties.
Before you can use a song in a film, you must seek musical licensing rights from the publisher. As well as the individual who owns the master rights. Permission from both entities is a must! So, how do you get permission from the song writer and the song recorder?
Determine Who Owns Rights to the Song
Determining who owns the rights to a song that you love or that you wish to use in your film is important, but how?
Several options exist to help you figure out who has publishing rights and who retains master rights to some of the most popular songs as well as those with less popularity.
Consider ascap.com or bmi.com to assist you in determining the rights owners to some of the common musical pieces that are likely to be included in commercial films or videos.
- Determine who owns the publishing rights.
- Determine who owns the master rights.
- Contact each individual separately.
Ask for Rights Separately
Figuring out how to get permission to use a song in a film is really about negotiating. You’re going to want to do it separately!
Separate negotiations are important to allow each individual to have their own say as to whether they agree with you using the song or not, and will also allow for separate determinations as to any royalties or costs involved.
Keep in mind that you must get the approval from every rights holder before you may use the song in a film.
Say, for example, that you were to seek approval to use a song that had multiple songwriters involved. You would need permission from each of the songwriters. As well as the song producer who holds master rights. If anyone says no, you may not move forward with the use of the song!
Prepare to Negotiate!
Finally, learning how to get permission to use a song in a film is largely about your negotiating skills. Be prepared to negotiate and set a fair price that works for you.
Don’t just immediately take whatever rate is thrown at you – the cost to include a song in your film is negotiable! Just be patient, open about the benefits of including the song in your film, and honest with the songwriter and producer.
If you’re offered a rate that you disagree with? Don’t be afraid to tell them you’ll be walking away! Part of negotiating is being willing to set a price point that is acceptable for you. In addition to one that is certainly too high and unacceptable.
And being willing to walk away and reconsider if you can’t come to an agreement.
Be Sure to Get a Signed Release
Whatever licensing or release that you obtain should be in writing. If you’re new to the process of how to get permission to use a song in a film, you’re likely to struggle a bit here and in each step along the way. The important thing is that you keep working towards your end goal.
Once you have negotiated terms of use between any and all parties involved in the writing and production of a song, make sure that you request written permission from any stakeholders involved.
A release form is necessary for any music that will be included in your film. And should be signed by any and all individuals involved in the writing or production of the music. Especially those who hold the rights or copyright licenses.
