Music Licensing for Indie Films by Thea Maichle

Thea Maichle is a freelance Producer living in Venice, CA.  In her recent role as line producer for the film "Rock Prophecies," she oversaw the music licensing of songs from artists such as jimi Hendrix, Santana, Stevie Ray Vaughn, Jeff Beck, as well as various independent artists.  Check out the trailer!

Thea may be contacted at rockprophecies@gmail.com

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As the line producer for Rock Prophecies, I spent much of my time on the phone working with our music supervisor to get last-minute music licenses approved for use in the film.  Finding the right music while staying within budget for an independent film is challenging.  If early on, someone had clued me in that I would spend hours upon hours negotiating with artists and labels and reading through endless music contracts, I would have chosen another career.  I KID!  For me, it has been exciting, rewarding and quite necessary in order to make our projects really stand out.  Hopefully I can shed some light on how music is chosen and what to expect for payment for music used in an independent film.

How music is chosen

Independent filmmakers are always on the lookout for independent artists who want exposure. There are a couple of different ways a song can find its way into the edit bay and therefore into the final timeline of a film.  Typically, the editor does a rough string out of the story and begins to seek out music that will fit with the feel and timing of the scene.  For example, for an opening montage where buses are driving by, people are dancing, and quick cuts are happening, the editor may look for a bluesy song with a harmonica that is high energy and moves quickly.  The director has some input and may have a certain musician or song in mind.  However, it usually ends up that the director and editor will go to the producer like myself and say, “Find us this type of song.”  At that point, I either go to sites such as MySpace, Facebook, or my friends’ music libraries to search for similar music.

Another option is to reach out to a music supervisor (a person that quickly becomes a producer’s best friend).  You will notice that in the credits of most films and TV shows there is a music supervisor listed.  I encourage musicians to get their music in front of music supervisors.  I work with a fantastic music supervisor, Bruce Rabinowitz of Feedback!, who is constantly listening to new music, searching for a gem that will fit for a film.  Use the Internet and some detective work to find the addresses of the companies where music supervisors work and send them a demo with a note describing what type of music you produce.  It’s worth a shot.
Also, if you know any editors, directors, or producers, make sure they have your latest CD on hand and check in every once in awhile to make sure that your music is fresh on their minds.   

How much $$ to expect

None. I’m kind of joking, but not really – just being realistic. Many times low-budget, independent films have no money for music licensing.  In this case, you have to weigh whether or not the exposure that you may receive is worth taking the time to work through contract details.  I say “may” because the plain fact is that most independent films never see the big screen.

If an independent film is able to include music licensing as a line item in their budget, it’s usually not much.  Songs get paid out per side, meaning you get paid an amount for the publishing rights (one side) and paid an amount for the master recording rights (the other side). When your music is used in an indie film you can probably expect anywhere from $100 - $500 per side for a buyout of broad rights, meaning in all media, in perpetuity (forever), worldwide.  A “buyout” is not an exclusive deal – it simply gives the film company the right to use your music in association with the film in its entirety. You still retain the right to license your music for as many other films and uses as you choose. The right to use your music for a trailer or commercial should be additional, separate licenses.
 
With that said, I believe that it is 100% worth the time it takes to review a contract and give it a go. I understand the amount of work that goes into writing and producing a song, so don’t get me wrong; I’m not saying that artists should always give away their music for free.  In fact, I would love it if all the projects I worked on had fat budgets for music clearance.  However, many times it’s hard enough just getting the money together to make the film, so the music clearance budget suffers.   This is when you need to take a step back and ask yourself, “Is the potential exposure worth me licensing my music for use in a film?”  As long as you do not sign away exclusive rights for the use of your song in a film, then it doesn’t really hurt.  In the end, any exposure is good exposure.

Comments

[Glenn Nolle]

I'm kind've seeing this a little late. I just released an independent work entitled "Night" and some of the comments are helpful and all seem to have truthful observations. Am currently looking to secure some type of licensing deal with TV or film.

[CHRISTA OATWAY]

http://www.youtube.com/watch?v=RiQw8iGnaEs

MALIBU MUSIC ~ where the surf sounds loudly

[Zuma Tribe]

Los Angeles is where it's all happening. Go to clubs, it's all about "who you know".
Be willing to work on life's ups and downs, especially when things go bad and your feelings are hurt.

[Thea Maichle]

Thanks to all for the comments and extra insight! I'm working through getting back to everyone who asked specific questions. Feel free to email me at rockprophecies@gmail.com anytime!

[Dale Vernon]

Review:
The quality of Dale's songwriting is staggering. His vocals are top notch, laced with thick layered harmonies. The production is sparkling and full. This is R&B the way I like it. Good solid beats and melodies that are so strong that there's no need for showboating. Dale's music would fit right in a playlist that included all of the greats of the genre.. Dale stands shoulder to shoulder with them with ease and confidence. If you're even slightly into R&B, you'll be doing yourself a huge injustice by not checking him out.
editor
path.com/pathradio.php

http://www.myspace.com/dalevernonmusic

[Bruce Oatway]

As a performing musician and composer I have to agree that exposure means "nothing". Artists can create their own exposure in the new digital age. It's simple market demand. The higher up the music rung ,the more$ you will recieve. What is the VALUE of your work? Does it give VALUE to others? And...how much do you Value your Self?
One project I created "PELES BLUE" for You Tube givaway took me a month to create. I gave it away in order to create a link to my TUNECORE CD "LIVE ON MAUI". Thats one way. There are many. Be creative in your marketing strategies and have fun with it. Why else are we here for!

[Jake Hartsfield]

Also, something to be wary of...

You should NEVER pay to have your music licensed in a movie/tv show. If anyone every asks you to pay to place your song (or an agency asks you to pay them, promising to place your song) walk away!

Someone asked about major motion pictures...Those licenses can be anywhere from $15,000 - $60,000. If you have a hit song that the producers for the film have made clear they want for use as the theme song, or at the climax of the film, you have a lot of bargaining power if you haven't already signed the contract for the synchronization rights. You could potentially ask for much more than they offer to pay you...and if they want the song enough, they'll pay you.

[Jake Hartsfield]

James,

I think you're getting "publishing rights" confused with synchronization rights. When you are paid by a film company or TV show to license one of your songs, they'll usually pay a flat fee for the right to use your song in the context of the film/show. This is a direct quote from the an ASCAP article "Music, Money, Success, and the Movies":

'The motion picture synchronization fee paid to the music publisher (which is shared with the songwriter) for the use of a song includes the right to distribute the film to network, local, syndicated, pay-per-view, pay, satellite, cable and subscription television stations...'

You still own the copyright (the publishing & the master - or your label owns the master) and will also receive performance royalties from the PRO you're affiliated with every time the show/film is aired on TV.

http://www.ascap.com/filmtv/movies-part1.html

[DeckQ]

Gosh, thats a tough decision. Do you push for getting paid or do you give the film your music free just for the exposure. I strongly agree with Taz Taylor's comment. Its sad that usually the band doesnt get paid for their efforts when playing at venues but everyone one else does. And I do agree that if musicians continue to basically just give away their efforts then its more easier for film companies or clubs/gigs to pressure the musicians into giving away their music just for the exsposure. I would really have to do my homework on the associated film company and ask alot of questions about the indie film thats being produced, then make my decision based on that.

[James]

Never sign away your publishing rights even for 1 film, independent or otherwise. That's were the money is as well as the songwriter royalties. Just take a small payment for master rights for use on a nonexclusive basis or even give it to them for free. I licensed some songs to MTV for one of their programs and got nice royalties $$$$, from the publishing and songwriting and I didn't charge them for the master rights. So when dealing with indie films with low budgets I would suggest a low fee or none at all but keeping your publishing. You'll get exposure and if the film is a hit you'll reap the rewards that you deserve and not fill the filmmakers pockets for something they didn't create.

[Real Rocker Girl]

I'm working with several indie bands on promotion and marketing, and have been able to place their music in some indie films. The contract I've negotiated for my bands allows for them to share in the net profits if the movie ends up making a profit. The directors/producers love being able to share their success with the bands, and it has never been an issue when I've suggested adding that clause to the standard music licensing agreement. What could be better than to have your music placed in a movie, with the future possibility of making some money?

[Mojo]

Hi Thea & thanks for this article, it's absoulutely a career goal of mine to have a song in a TV show, video game or movie! I often see calls for library placements, so my question to you is: is an aspriring artist better off contacting music supervisors or their assistants directly, or attempting to get placed into a music licening agency's library?

[Mr. Okoro]

We are interested in submitting more music to the correct people that can make a real decision on placement of a record for film.

especicially in the pop/hiphop area?
www.myspace.com/misslondonforever for example.

[Mark Starr]

Yea it's my town too. Everybody plays for free, everybody else gets paid.
I shell out all my cash and spend all my time working out and cant get paid for a gig. I guess here we've determined what it's worth.

Making a living playing here now is almost impossible, everyone wants exposure so clubs get free music. Some people pay to play in other places they say, and they don’t really care to pay for entertainment because someone’s always trying to expose themselves.

Hey The record company got us, but we got away (somewhat), the distributors still get us, but not all of em (TuneCore didn’t even try to).
jimmy Hendrix, Santana, Steve Ray Vaughn, Jeff Beck, HAHaha I'd love to see the license that suggested these guys did it for the exposure.

Do as you please, but if your available for free, My experience is you’ve determined what the market will hold as they say.
The unions Fighting all the time for pay per use.
And we undermine it with play for free or use for free.
If I don’t have a budget for a cover, I make one, or it goes without.
NOBODY Plays for Free on my Projects, I wouldn’t ask them to, and after 30 years of rack jobbers row I’m sure the musicians listed at the top of this article or their representatives were paid.
Probably not the Indies though, Hope they read the credits.

Meantime The guy askin you to do it is getting paid, and makin more today than yesterday.
He found out how to fill the project out without a budget, so there’s more money for him and other things.

["Wacko" Wade]

Nice explanation. Most important point, "exclusive" vs "buyout" for one film.
The right to use the song if some other producer comes a calling. I have assigned several of Little Freddie King's songs to independent film directors - these cat do not have a "pot to pee in" budget. The money comes from thier pocket, mostly. They are just like the indie musician, trying to get noticed and go to the next rung on the ladder. As long as its NOT exclusive - Let'em have it.