Filmmaking / Directing : Rights for Songs in Short Films by Trey Alessio

Trey Alessio

Rights for Songs in Short Films

I'm in the process of shooting and editing a new short film that I'm really excited about. From the jump, I've envisioned a certain song for the intro of the film, so I've done a little research on how to go about getting the rights to use the song. To my understanding, I need a sync license AND a master-use license. I'm under the impression the sync license allows for use of the lyrics and/or the instrumental, and the master-use license allows for use of the song by the certain artist. I found the ASCAP repertory (among others) that allows you to search for songs/artists and find out who the publisher of the song is. From there, I'm under the impression, that I need to email/call the publisher, get a quote and negotiate a deal for the song (that is, if they're okay with how I'm using it). But I believe the ASCAP part is only for the sync license. In order to get the master-use license, I think I'm supposed to find out who owns the masters for the song (normally the record label I think) and reach out to them to get permission for the master-use. So far, I'm having trouble finding contact information with the record label and figuring out how to make this request. Has anybody gone through this process? Am I going about it the right way? Is it always this much of a hassle, or is there an easier path?

Also, does anyone have a ball-park idea of what something like this will cost? Are we talking hundreds, thousands or millions? (I know it depends on the song, but just in general.) My goal for this microbudget short film is a film festival run, but if it doesn't make the cut, I'm hoping to just put it on YouTube. I believe that also is a factor when negotiating the deal for the rights, but I'm wondering if anyone on here as gone through this and has any idea what I should expect when I get the quote.

Thanks!

Geoff Harris

Your right about how it works, you can license the song - music and lyrics, and the performer separately, which allows you to have an unknown artist which costs less. How much it costs depends on the use and distribution of the film. So for a. short film that goes to festivals, I think a special rate for festivals, but if you sell to a streamer, a lot more! I would suggest getting in touch with the music publishers yourself and do a deal, then decide if you want to go with the famous name artist or a lesser known artist. Whatever they ask for knock them down of course it's good PR for them! No idea of how much, all depends on the above. Geoff

Trey Alessio

Thanks, Geoff Harris!

Shadow Dragu-Mihai, Esq., Ipg

You DO NOT need a license for the master unless fir odd reason you need access to the original master media. You likely don't. You DO need a synchronization license negotiated with the copyright owner to the recording you will be using. If you are recording your own version, you will need sync license from all copyright holders - composer, arranger (unless you have a new arranger), lyricist, etc.

Trey Alessio

Shadow Dragu-Mihai, Esq., Ipg So, if I just wanted to put a song in my film, all I'll need is the sync license?

Geoff Harris

Shadow Dragu-Mihai, Esq., Ipg Isn't that what I. said but in a more complicated way? True enough though, if you sung it yourself or had a singer friend, plus a band of course, you wouldn't need to pay performer rights, just the music publishing rights, which may be called a sync license in the US?

Philip Sedgwick

There is also the issue of how long the song rights last. Will the length be sufficient to support your intended festival or streaming run?

Kiril Maksimoski

There was this low profile band named Foltin in Macedonia in early 00's...I was looking for a music for my first short and stumbled upon their pilot album...loved the stuff and went to sign in with them so everything's in place...price was beer...some 20 years fast forward and the same guys did music for two time Oscar nominated "Honeyland"...they can come strong now to me demanding more, but the beers are already served...point is, always have it on written...

Trey Alessio

This is from the Copyright Alliance website.

Trey Alessio

This is from the ASCAP website.

Trey Alessio

Geoff Harris That's my only hesitation with just dealing with the sync license. Both of these sites are telling me I need both the sync and master-use licenses.

Philip Sedgwick

If you don't like the quote you get, you could reach out to a songwriter/composer on this site... or I've used Pond5 and been happy with it.

Cherelynn Baker

Ballpark in the low $25K - and yes, will need both licenses.

Shadow Dragu-Mihai, Esq., Ipg

There seems total confusion here as to the purposes of the different licenses. 1. Synchronization - if you are going to sync a piece of existing music to moving pictures, you need this. 2. Master - ONLY if you need access to the actual masters, you need this. Sometimes the copyright holder overvthe recording is different than who owns the music. So you may need both. The master is a holdover from the days where you had to access the originals. Now, in the digital world, you don't usually. But the owner of the master may still cry for some money. YOU DO NOT NEED A MASTER USE LICENSE IF YOU ARE RERECODING YOUR OWN VERSION OF THE MUSIC, regardless of what anyone else might say. 3. However, if you are rerecording your own version, you DO NEED a Mechanical license. This, however, is a compulsory statutory license, at least in the USA and Canada, so you just fill out a form when you release the piece to the public.

Geoff Harris

Trey Alessio Is this the link to ASCAP you posted? https://www.ascap.com/help/career-development/How-To-Acquire-Music-For-Films

It;'s very simple and useful, everything u need to know. I wasn't sure what was meant by 'Master License' in the US but I do now. For example, if you wanted to use a song by Taylor Swift you would need a licence for the song from the music publishers, which it seems can be found on ASCAP and if you wanted to use the Taylor Swift version, you would need a license from the record company, the Master Licence. Expensive!

However, if you used a version by an unknown singer, even a Karaoke singer maybe, you would still need the publishing license, but the singer's recording would cost a lot less.

As someone said, you can get, Festival use, which would be reasonable I guess, just for the festival circuit, but if it was sold to a broadcaster/ streamer or I guess YouTube, all kinds of other things come into play, what broadcaster, what countries will it be. shown in,, for how long do you want the license for etc.

For now, I would just enquire about the publishing rights as you need that whatever and remember when negotiating, you're giving the song publicity which will likely lead to downloads.

Geoff

Geoff Harris

@treyAlessio Having said all that, if Taylor Swift and her people liked how you were using the song on your film, they might let you have it very cheaply indeed!. (As an example!)

Trey Alessio

Thanks for all the thoughts, opinions and advice!

Richard "RB" Botto

Great advice throughout. To Phillip's comments, we're partners with Pond 5. Here are the deets:

https://www.stage32.com/blog/Pond5-and-Stage-32-Join-Forces-to-Bring-Val...

Trey Alessio

Richard "RB" Botto I'll definitely check out Pond5. Thank you!

Richard "RB" Botto

Most welcome.

Simon Foster

I would reach out to a relatively unknown unsigned band or artist - do a genre search on spotify or apple music for example to find something you like - and strike a deal with them. They'll appreciate being in your short and you will have some great music. You will need to check that they are the rights holder and also get permission from who owns the sound recording (hopefully them too) - and that keeps the licensing simple - so that all you will need is a sync licence agreement with them that allows you to use it anywhere forever in any format for your agreed fee.

Rosemond Perdue

Trey, I've found Pond5 really easy to use and sort through specific genres.

Howard Koor

Lots of good ideas...

Trey Alessio

I found this incredibly helpful. According to this Film Independent link, you only really need a sync license if you're using an original song in your film. If you wanted a popular cover, you'll need the sync + master-use. Do I have that right?

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