Music in film can have an extraordinary impact on the final overall product, whether serving as an atmospheric score or aptly placed pop song. In terms of a quality final product, music can be just as important as the screenplay, actors, and production. It’s also one of the trickiest to navigate from a legal perspective in terms of ensuring that you have the proper rights and licensing.
While securing rights may be daunting initially, filmmakers realize how essential it can be to obtain that certain song, an inclusion that can hammer home a dramatic moment that serves as the film’s thematic core. The tips below will provide independent filmmakers, even with a small budget, the best chance to secure music rights:
Hire a Music Supervisor Early in Production
While it's understandable that indie filmmakers will only want to hire essential roles, a music supervisor certainly fits that description. Hiring a quality music supervisor is recommended for new and veteran filmmakers alike. Filmmakers often have so much on their plate that it's impossible for them to cover every facet in their minds in regard to music-related legal grey areas. There are too many potential challenges to tackle it on your own.
Even before the major production starts, a music supervisor can sit side-by-side with a filmmaker and go over the screenplay, detecting any points that may present a legal challenge. Then, they will use their expertise to remedy the issue. One example is a line of dialogue that may slightly recall a copyrighted lyric or melody. While a busy director may overlook this, a seasoned music supervisor won’t -- potentially saving thousands in legal fees and many hours of work.
Consider MFN (Most Favored Nations) When Browsing Rights
Legally, there are two aspects of a song -- the master, which is the actual recording, and the synchronization rights, which account for the lyrics, melody, composition, etc. Synchronization rights generally prevents filmmakers from taking a song, assembling a cover/modified of that song, and using that without permission. That’s never recommended.
When examining rights on a track-by-track basis, it's common to come across songs that are owned in segments; one person may own the chorus and another may own the verse or intro. This is where something called MFN (Most Favored Nations) becomes relevant, ensuring that all parties of ownership are compensated evenly if the song is used in the film. MFN is very common language in contracts for music rights, so filmmakers should be aware of its role -- which is essentially to ensure none of the right holders are getting an unfair shake.
Budget Music Based on a Film’s Overall Budget
Oftentimes, filmmakers find themselves in a financial hole by over-committing finances to music. While music can greatly contribute to a film, it’s not advised for an independent filmmaker to devote more than 5% of their film’s budget to the music. “If your film costs $1M, then $20,000 – $40,000 is a good nominal range if you have a dozen cues, but it all depends on the amount of music your film calls for," explains KCRW’s resident DJ Dan Wilcox. Of course, if an independent film’s topic directly involves music then a slightly bigger music budget may be essential, but a music budget should never be the lion’s share of an overall film budget.
Express Fairness to Artists and Labels
It rubs labels and artists the wrong way if they’re aware your film is, say, paying $5,000 to use one track but only $500 to use theirs. To prevent this and make everyone feel equally wanted, ensure artists and labels you’re in negotiations with that every track used in the film is on equal financial footing. For example, if your music budget is $10,000 and you need ten songs, then setting a strict value at $1,000/track will keep finances in check as well as ensuring the artists and labels that they’re on equal footing, which is a professional and prudent image to exude.
If budget allows, it’s recommended to hire a lawyer in addition to the music area. Although this is pricey, it will cover all potential problem areas in regard to music rights and licensing. If a lawyer is out of budget range, then the extensive resources here on CSS Music - from affordable single tracks to free music cue sheets - will be of great help as well.
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