This is part 2 of a two part series about music licensing. Part 1 was about the players involved in music licensing.
One of my favorite aspects of TV and film is the meticulous craftsmanship that goes into every sound you hear. It might be the foley sound artist who adds the clop to a horse’s hoof in a western, or the fiery crash and smoldering burn of a high-speed chase scene. It might be the sound designer who makes it feel like you’re sitting center in the cockpit of a rocket ship, launching into space in surround sound. It may be the music supervisor and their choice of song behind an emotional montage featuring your favorite characters from a romantic TV show. Cue the tissues now.
The process of sourcing music for these shows and movies can take a vast variety of shapes and forms. There are many people who are in charge of creating custom music and sounds for a project. And there are also many people who are in charge of searching for and selecting the best pre-made music. Let’s take a minute to talk about how different songs/sounds/compositions can manifest in TV or film.
- Intro and Outro Theme Music: If you want to read a little bit more on how this can enhance a show, check out Gabriele’s blog on 10 Interesting Song Choices That Became Globally Recognized TV Theme Tunes. Some of her top picks include ‘Woke Up This Morning’ by Alabama 3 for the intro to The Sopranos and ‘Teardrop’ by Massive Attack for the intro to House.
- Song Placement: This refers to pre-existing songs that fit the emotional context of a scene, but weren’t specifically written for the production. The right song can create a music video-like effect within the context of the narrative and/or characters. This type of musical use happens all the time, but here’s a little list of a few TV shows where the score is focused on trendy music during its run: Dawson’s Creek, Charmed, Scrubs, Ally McBeal etc. (Is it a coincidence that there are so many 90’s TV shows on this list?!)
- Source Music: The term ‘diegetic sound’ refers to the sound that is existing within a scene which can include music that characters are hearing in their environment. Music in this context is called source music. It might be a song coming out of a car radio or a television. Maybe the characters are musicians, and they’re performing during the scene. It could be the distant dance music from a club. A great example of source music is from the film Moonlight, when the main character Chiron reunites with his childhood friend/love Kevin at the diner where he works. When Chiron asks Kevin why he contacted him, Kevin adds a few quarters to the jukebox to play Barbara Lewis’ song “Hello Stranger”, conveying to Chiron his feelings about their reunion.
- Composed Score: This is usually custom-created as part of the film score, however, there may be times where existing cues or placements match the scene. Also referred to as the underscore when underneath dialogue, this music sits in the background of a scene in an unobtrusive way, yet adds to the mood. For example, during Aragorn’s battle speech in Lord of the Rings: Return of the King, the score, using strings, sits behind his words. As his speech grows more intense and impassioned, the music builds with added horn instruments, leading into the main film score. There are countless examples of music behind dialogue, as it’s one of the most used techniques to elicit an emotional connection to the audience.
- Musical Adaptations: This type of soundtrack refers to existing songs that are rearranged and re-recorded to fit the context of the storyline and production and performed by the characters. A few great examples of this would be something like the movie adaptation of Mamma Mia!!, which is a musical featuring the music of Abba. Or the TV show Glee which features different cover songs that help navigate the storyline for that episode. Or the movie Yesterday about a musician who wakes up to a world that doesn’t remember the Beatles.
Sometimes a scene might be incredibly complex and fit many of these different types of musical manifestations! Take for instance the rendition of Earth Angel and Johnny B. Goode in Robert Zemeckis’s classic 80’s sci-fi flick Back to the Future! The main character Marty McFly is performing a version of these songs during an integral scene that also informs the narrative of the film. The characters are performing the music (source music), and it’s a re-recording of an existing song (musical adaptation), and it simultaneously integrates with composer Alan Silvestri’s film score! Check out our blog talking about this specific scene here!
Production teams and music supervisors are always on the hunt for great songs! And they’ll need a particular license for different situations when using a song that belongs to someone else. When you get a license for something media related, it means you get permission to use an artist’s copyrighted work for a certain amount of time in a specific setting. The concept can be a bit wide and vague, but thankfully there are different types of licenses that allow for specified permissions. (For more information on ownership and copyright, please take a look back at Part 1 of this blog series on licensing.)
There are six types of music licensing.
- Public Performance License – This is a license that must be obtained for any public performance of a song. A public performance can mean anything from an actual live performance on stage, a recording of it being played in a public space, or a recording of it being played on radio or TV. The royalties are then collected and distributed by the performing rights organization (PRO) that the artist(s) and publisher(s) belong to.
- Mechanical license – This license is needed for any reproduction of a composition or a work in physical or digital form for distribution or sale. This license is really important if you want to do a cover song. Mechanical licenses and their pricing tend to evolve throughout history due to the changing nature of what mediums we use to listen to music (for example, vinyl vs. CDs vs. online streaming). One major agency that deals with granting mechanical licenses is Harry Fox.
- Sync License – A sync license is needed when paired with visual media. The terms of this license are factored with what type of media it’ll be used for (ex: tv, film, videogame, etc.), how long that media will be available (ex: a month, a year, in perpetuity), and where/how far it will be distributed (ex: locally, internationally, etc.)
- Master License – When a musical work has a sound recording attached, the owner of the recording has the master rights. Oftentimes, the owner of the master rights is whoever funded the recording of the music, for example a record label. The owner of the master rights administers the master license for a particular recording to the user. Basically the user is allowed to use the recording, but can’t replicate it (so this isn’t the license to use if you’re planning on using a cover of a song). A master license is similar to a sync license when you use it in film or tv, however you may need both sync and master licenses in order to license a specific recording by a specific artist. The master license can also cover things such as sampling.
- Print Rights License – This license is necessary when you want to have any type of sheet music related to your work. If someone wants to publish your composition, they need to arrange for a print rights license so they can print your work on paper.
- Theatrical License – A theatrical license is for permissions using music to be performed in a theater setting or live performance production in front of an audience. Putting on a dramatic performance can be a fairly complex licensing situation depending on your needs (you may need other licenses if you’re using pre-recorded songs or your cast is performing covers). You will be required to obtain permissions from all songwriters and publishers, especially if you’re planning on producing an already existing work.
At TuneReel, we focus on sync licenses, the ones paired with visual media. When you choose a track, you will be purchasing the license to use that track for your project. Depending on what sort of project you’ll be using the music for, and how you’ll be distributing your content, you will need one of our three tiers of licenses (Standard, Extended, Universal). Our license is in effect in perpetuity, so once you license that track, you can use it indefinitely per project and anywhere geographically. If you’re using music for a broadcast project, make sure to fill out your cue sheets with all the relevant composer and publisher information as this is how performance royalties are distributed.
Though it can seem complicated at times, covering all your bases with the right licenses will ensure that you’re doing the right, professional, and legal thing for everyone involved. Plus, using the correct license can save you a lot of potential future hassle. So go out there, get creative, do your research, and make some magic!
The contents of this article should not be construed as, and should not be relied upon for legal advice.
