Sync Licensing Your Music

Today’s post is the result of both recent client assignments, and two articles that I came across; one by Neil Gillis on Sonicbids.com extolling the benefits of sync licensing, and the other by Jason Blume on BMI.com discussing how you might actually score that elusive song placement. These articles can be found in their entirety at the following links:

 http://blog.sonicbids.com/4-ways-that-getting-a-sync-license-can-jumpstart-your-music-career

http://www.bmi.com/news/entry/10_things_you_need_to_know_about_placing_music_on_tv_and_in_films

The motivation is simple. “Sync” is short for “synchronization”, and means that your song (and probably your master) will be synchronized with a visual image. Song placement in a TV, movie or commercial is obviously a great piece of resume material. It can also generate two income streams.

The first income stream is the possible payment of an up-front licensing fee. The fee may be split between use of the composition (i.e., the songwriter and his/her publisher) and use of the master recording (i.e., the record company). Both must be licensed if the master recording is utilized (versus re-recording a new master). The fee is usually split in equal 50/50 shares between the two licenses. A typical DIY indie artist may own everything (i.e., his/her publishing and the master) thereby streamlining this process.

The amount of the up-front fee can depend on several factors, including the overall project budget, the length of the scene, and the overall importance of the scene (such as over the opening or closing credits, as opposed to coming out of the jukebox and being barely audible during the bar fight scene). Of course, it helps if the song is not easily replaced. In low budget projects, an artist might be asked to license music without an up-front fee. Because of the second income stream, such deal may still make sense, depending on the facts.

That second stream consists of performing rights society royalties; through BMI, ASCAP or SESAC; and is often referred to as “back-end money.” For TV and movie placements, royalties are generated each time that the episode or movie is broadcast. As a result, even a placement with no up-front fee can generate some money, as can a movie that ends up being released straight-to-DVD (assuming it eventually ends up on TV.) 

For example, a client here previously licensed a song in a movie that had a very limited theater run, but it’s available on DVD, and it gets shown on TV occasionally. The movie’s budget was spent on a couple of high-profile song placements. My client was offered use of his song in a jukebox scene. If you don’t know what to listen for, you’ll never make it out over din of conversation and beer bottles. The fee was $1 dollar.

However, the deal was laid out in advance; it gave the client a nice piece of resume material at a key stage in his career; and, to this day, it continues to show up on BMI quarterly statements. No one is getting rich. It is a few dollars here, and a few dollars there, but it’s a perfect example of sync licensing in action.

Even if the “why” is clear, the “how” of sync licensing is a bit more complicated. The goal is to get your music in front of a project’s music supervisor, who in turn has the ear of the director. It’s the music supervisor’s job to determine what music is needed, including “source music” to be used in the background, coming out of car radios, etc.

Unless you know a music supervisor, as a songwriter you may end up pitching your material to music libraries, sometimes called sync houses. These businesses have vast quantities of music available to them and can fulfill any request that might come from a music supervisor: a track about sunshine, something sung in Russian, death metal instrumental, etc. Music Dealers is just one example of this type of middle-man licensing business. http://www.musicdealers.com/#!/

An artist working with (for example) Music Dealers typically licenses songs to MD on a non-exclusive basis, leaving the artist free to shop the song elsewhere. This process allows MD to pre-clear the song, putting it in a position to approach music supervisors with the necessary rights and authorities (from the songwriter/master owner) already secured.

Assuming that a song placement is scored, the typical arrangement splits any up-front fee between the artist and the sync house, allots the publisher’s share of performing rights royalties to the sync house, while allowing the writer to retain his/her writer’s share of any performing rights money. The song is generally given a new title, and re-registered with the artist’s performing rights society, allowing income to be traced from that specific placement, as opposed to, say, spins on the radio where the sync house had no involvement.

If you are either licensing your own songs, or are a music publisher actively engaged in the process, some good online sources offer general education on the topic, and possible pitching opportunities.  Examples include Music Library Report and Cue Sheet. You can find them at the links below:

http://musiclibraryreport.com/miscellania/cue-tips/#

 http://www.cuesheet.net/

As always, this is meant as general guidance, and not specific legal advice. If you have a specific sync license question, feel free to contact me at lmeyer@mdpwlaw.com. Happy licensing!

So, what does a Tour Manager do?

I’ll include a link to recent article in Billboard that includes some great rock ‘n roll war stories. While not everyone has the pressure of escorting Keith Richards through customs (can you even imagine?) many indie-level bands do have someone on board as a designated tour manager.  That person might even double at the merchandise table.

Probable tasks include keeping track of the itineraries sent by the booking agent, knowing how long of a drive it is to the next gig, load-in time, sound check time – and oh yeah – how much is the band getting paid?

As someone actively involved in tour publicity, I interact with one specific tour manager in a very nuanced fashion. In addition to other tasks, as I field press opportunities, the tour manager keeps track of the interviews that I schedule - day and time of call, who initiates the call, etc. Not that big of a deal, perhaps, but figure in time zones, the 8 hour drive to the next city, pulling off to get cell reception, and . . . you get the picture.  It is one thing if it’s a writer calling to advance a story, but it’s another if the interview is going live to radio. Very quickly, the extra set of hands comes in handy.

Another component of tour publicity is the occasional radio in-studio. I generally check with the tour manager before confirming. On the day of the performance, I’m back in my office hoping that the phone doesn’t ring (as that could only mean that something has gone wrong); and again, the tour manager is the one with the GPS and the studio address, figuring the distance from the station to the venue, and what time the band has to be out the door to make load-in – perhaps even leaving time to find that vegetarian restaurant the promoter mentioned.

So, unlike this article, you may not be bandaging Alice Cooper’s head-wound, or carrying $100,000 in a brief case. But, even with an indie 5-guys-in-a-van tour, there can be plenty of need for a tour manager.

http://www.billboard.com/articles/news/5915668/tour-managers-of-foo-fighters-the-rolling-stones-fleetwood-mac-swap-wild-tales

 

 

 

 

 

ASCAP, BMI, SESAC - FRIEND OR FOE?

As a topic, performing rights societies will do doubt be revisited here time and time again. One of the first things to understand is that they represent the individual or entity that owns the copyright in a musical composition, and they pay their members based on broadcast use of that material. If you didn’t write the song – there’s no money; and if there isn’t any broadcast use of the song – there’s no money.

Currently, a contentious issue is whether the PRS format in the US should be modified to compensate not only the owner of the composition, but the owner of the sound recording copyright, as well. SoundExchange pays royalties to sound recording owners (typically a record label), but for on-line digital broadcast, only. For every track played over traditional terrestrial radio airwaves, only the composition owner (typically a publishing company) receives public performance royalties. It’s been that way forever.

This distinction is particularly important for cover songs, especially those that become more popular than the originals. Classic rock examples include Joe Cocker singing “With a Little Help From My Friends”, and Aretha Franklin’s version of “Respect”, among others. In these instances, the recording artist (or his/her record label) does not receive performing rights society royalties, only the underlying music publisher.

And David Byrne isn’t happy. A recent post by Byrne points out potential unfairness to great jazz musicians who played on sessions, recording traditional material; and the fact that other countries do in fact pay for broadcast use of the sound recording. Byrne argues that foreign broadcasters pay that royalty, which is collected by a foreign PRS, and is funneled back to the applicable US organization – where it sits.

Link here for an update on Byrne’s efforts, including videos of both his cover, and the original Biz Markie performance, of “Just A Friend.”

 http://www.okayplayer.com/news/david-byrne-biz-markie-just-a-friend-live-cover.html

PS – Here is a personal confession. I learned about Biz Markie thanks to my four year old daughter and the show Yo Gabba Gabba. Three cheers for DJ Lance and crew!

WELCOME TO TOLEDO MUSIC LAW

Why a Toledo-based music law blog? I say, Why not? Granted, this isn’t NYC, LA or Austin, but Toledo has contributed musicians to the worlds of jazz (Art Tatum and Jon Hendricks) and rock (Gary Louris), not to mention one of today’s hottest EDM exports (Wes Quinonez performing as Le Youth). And yes, many names could have been mentioned just as easily.

Some local players move on to bigger markets, but return to Toledo for homecoming shows and special events. Others play locally, but take off on periodic tours for weeks, or months, at a time. Through digital distribution, local artists can sell their tracks world-wide. We have a symphony. There is college-level music education, community college music technology programs, and Toledo School for The Arts. Our scene includes buskers, house concerts, clubs, theaters and concert halls. In my own circle of local friends and acquaintances, I am proud to know several musicians that support themselves solely by playing (or more precisely, by being paid to play) music. We still have independent record stores! In short, the business of music is alive and well right here in Toledo.

Check back periodically for updates on trends and legal developments impacting local Ohio artists, venues and promoters. Potential topics include performing rights societies (BMI, ASCAP, SESAC), revenue streams for musicians, etc. Leave a comment, or if you need guidance on a specific issue, send me an email.