Important Music Copyright Laws for Film Producers

The use of music in a film can create a more robust experience for your audience while adding unique value to your story. But like other forms of creative works, music is protected by U.S. Copyright Law. In fact, producers must be aware of music copyright laws for film. And the protections that are provided to the original copyright owners that hold the rights to a song or other form of recorded music.

Because no matter how much you love a song, or how badly you want to include it in your production? Without permission to do so, you’re facing potentially serious consequences.

Music Licensing for Film Producers

It’s certainly not uncommon for music to have a profound impact on a film. It’s very common for a particular song or even just a few lines of a song to embolden a scene or particular element of a film.

However, filmmakers that are new to the industry and just learning about clearance might be surprised at how challenging it is, or how expensive it may be, to obtain the rights to that particular piece of music. 

Music copyright laws for film basically lay forth the terms of music licensing agreements. Which filmmakers must engage in order to incorporate music into their motion picture projects.

Seeking Permission

Whether your interest is in using just a few lines of a particular song in your film or you’d like to include the entire bit. You’re going to have to seek permission from the original copyright owner first.

In fact, music, like many other forms of copyrighted material, may have several individuals involved in the production. Which means you’re going to have to secure permission to use the music from more than one copyright holder. 

First, you’re going to need permission from the person who wrote the song. And then you’ll also need permission from whoever recorded the song. We refer to these owners as the publisher who owns “sync” rights and the individual who owns “master” rights, respectively.

Determining Who Owns Music Copyrights

Figuring out who owns the copyrights to the music you’re interested in incorporating in to your film can be a little bit tricky. When you listen to music, you’re probably thinking about who’s singing the song. Or who’s playing the beats on the drums or the guitar.

But are you thinking about who wrote the lyrics? This is likely the original copyright owner, and the individual you’ll need to obtain licensing rights from.

Determining who owns the music copyrights for any songs that you wish to incorporate into your film may be challenging, but it’s certainly not impossible.

Start by checking the following websites:

• Ascap.com – the American Society of Composers, Authors and Publishers.
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• BMI.com – the BMI Foundation.

Acquiring Music Licensing

Licensing music to use in your film is the next major step for a film producer. Music copyright laws for film essentially require that any film which reproduces or otherwise uses music in a production do so only with permission from the original copyright holder.

Filmmakers must obtain permission from ALL publishers of a song as well as from all masters of the song. If a song has multiple songwriters that collaborated together then the filmmaker must obtain permission from all of them. This can get tricky.

Acquiring the license to use a song is not always possible. Because the original copyright owners have the right to charge any rate they wish for a song. There are times when use of a song in a film just might not make sense financially.

Consider This

For example, don’t expect to use the most popular song of the year in a film without being ready to pay a significant upfront optioning cost as well as potentially paying more later on.

While the price that you will pay for music is negotiable, naturally you will find that a singer or song artist that holds rights to a song which has lost some of its popularity is going to be more willing to make a deal.

Versus someone that’s still riding the wave of excitement from having a number 1 hit. Keep this in mind as you choose your music and, if you’re on a tight budget, consider music that’s perhaps a bit less recognized.

All Licenses Are NOT Created Equal

As you plan out the steps you’ll take in establishing the proper licensing to use music in your film and you’re prepared to follow applicable music copyright laws for film producers. You must know that all licenses are not created equal!

When obtaining “permission” to use music, you’re technically asking either for the right to use the composition, or the recording, or both. 

Composition

Composition, which includes mechanical or synchronization rights, includes the music notes and lyrics which make up a song.

Whenever you seek these rights, by seeking a synchronization license which allows you to use the composition in video. You’re asking to use only the words or the notes. Which would then be played or sung by a cast member.

Recording Rights

Recording rights, also known as master rights, represent the recorded performance of a song. That includes the original composition of lyrics and notes played by an artist.

If you’re going to play a pre-recorded song in your video, you’ll need permission from the original artist or record label that produced the song. This permission is obtained through what is called a master license.

Negotiation

Negotiating the type and terms of each license that is required in order to use music in a film may take on many forms.

The copyright owners might require that you pay a one-time licensing fee for use of the song. Or they might decide that they want the music to be licensed with royalties.

This would mean that there would be an additional “royalty” fee for each time the song was played in addition to what was originally agreed. 

Music License

Music copyright laws for film producers are generally not so complicated to understand. But there could be challenges involved in the licensing process.

Anytime a music license is established between the original music owner and the filmmaker there must be a licensing agreement made. Which outlines the terms under which the music may be used in the film.

The music license, in accordance with music copyright laws for film, essentially dictates the specifics of the music use. If you’ll be using the some that someone else wrote you’ll need a synchronization license.

However, in the event that you will film an existing recording of a song that has been made by someone else. Even if it’s merely a short clip from a radio station in the background. You’re going to need a master license. 

In Summation

As you can see, music copyright laws for film producers are important for all filmmakers to follow but they’re not exactly complicated.

It’s all about asking permission and acquiring the appropriate licensing to use the music in your film. Rather than facing the potential legal challenges that will otherwise come as a result of copyright infringement.