about the music licensing process

A little about the music licensing process

In the USA Copyright law states that in order for someone to use music synchronized to a picture requires them to gain the permission of the copyright holder or owners of the music.  The main job of the music supervisor is for them to locate music and gain the permission from all copyright owners to use that music in film or TV production. Thisprocess is call “clearing” music, or ”music clearing”

There are two different copyrights in any piece of music

The music itself has a copyright and then on each sound recording of that piece of music

Music Copyright 

Typically owned by a music publishing company

A license between a music copyright owner and a film/TV production company for use

of music in a production is called a Synchronization License (aka “Sync License”)

Sound Recording Copyright

Record labels typically own and there may be many recordings of the same work, each with a different sound recording copyright owner

 

A “Master License” is used for a recording in any given production it is the license between a sound recording copyright owner and a film/TV production company.

I would also like to add that there is so much information on this process that it will take a bit more than just one or two postings. I am working on trying to help my fellow musicians and artist in their quest for fame and stardome but you must do the homework. You must be the one to do all the studying.

Nothing good comes easy it will take determination, perseverance, talent and luck. You are on the right road though for you are researching and trying to educate yourself in this matter. Please visit back often for more updates and ask questions. We are working on a program that may help you and others that has helped me in this process. So hang in there and keep on keeping on.

For more info you may also look at wolfiesmusicpublishing.com and / or markallanwolfe.com We also have a handy glossary which will help many of you becoming familiar with the process visit Music Licensing Terms

Mark Allan Wolfe and Wolfies Music radio interview

Be sure to tune in this evening at 9 pm est for a very informative and fun time!!

Life has ups and downs, highs and lows yet it is the music we follow within our heart that will ultimately define who we are and what we become. Tonight, we present to you, the gifted composer, Mark Allan Wolfe.

Mark Allan Wolfe is a composer and an artist in the truest sense. His film and TV compositions run from thought-provoking, high energy, laced with adrenaline and  atq times sincerity. Combining heart-pounding Rock ‘n Roll with tributaries of Electronics, World, Hip-Hop, Pop and Americana, Mark’s songs draw on his 25 years of striving for professionalism and musical merger of sound and genre.

His fans span the world and the 1500+ compositions verify that diversity on TV, internet, film and commercials. You may have hummed one of Mark’s tunes not even realizing the tunesmith behind the music. Web site: MarkAllanWolfe

Grace Peterson is an author, garden columnist and blogger. Depending on the weather, she can be found either pecking on her laptop or puttering in her garden. She is a member of the National Association of Memoir Writers and the Association For Writing Excellence and her work has been published in several anthologies.

Tonight we will speaking of her first book, Reaching. Is it Demon possession or mental illness. A personal descent into cult extremism and the aftermath,.

Grace lives in western Oregon, sharing a home with her husband and four furry felines while their four grown children come and go. REACHING is her first book. Her gardening memoir is slated for publication later this year. Web-site: Gracepete.com

Tips on getting music placed and listened to

A lot of people email me and ask questions about how to get their music heard, do I have some time to listen and perhaps can I give them some advice? So I decided to put this together as a little posting to try to pass along some VERY IMPORTANT info. I hope it helps it is very basic but sometimes that is all that is needed to do. .

Do your research, find out what shows fit your music. Check the credits. Some of us may respond to Linkedin, Facebook, etc. If I have heavy metal or hard rock songs and cues I am not going to send them along to a show that primarily uses Hip Hop? or Reggae?

You may think this is silly that I say this but I cannot begin to tell you how many times I might post a listing or song search and I get back the totally opposite results. I will post something like I need Hip Hop, or Urban rap tune and someone will eventually send me a singer songwriter or jazz, even once I got a classical score piece. I am not mocking you or making fun of them for I have done that even in the past a long time ago but you need to do your research and find out what shows use what or what have they licensed before. Nothing will get the Music Supervisor to NOT listen to something more than when someone says, “I know your not looking for this at the moment but I feel this will be the best fit for your show…”  Not tripping but if the director wanted something other than what is listed we would have asked for it.

When sending someone an email asking them to listen to your music be sure you make the process as simple as possible. Links to stream with a link to download next to it. Keep it clean and accessible. Something like SoundCloud or Drop Box You Send it, Reverbnation EPK something easy.

Try to think of it like a million folks are trying to get the Music Supervisor or A&R agent to listen to their music. If the one listening needs to fill out forms or go searching on some website then that is NOT going to happen.

“What is the best way for me to get your attention to their music or take a moment to listen?” Be honest about presentation. Be professional yet humble. Try not to tell me you’re the NEXT so and so..Let your music and image do the talking. You maybe working out of a garage or a one room apartment or you may have a great band rocking out every night. THe thing is that if you have great music and great attitude you WILL be heard, your music WILL get you to where you need to be. Might take a while but it will. LOL

Finally BE ENCOURAGED!! and Keep on keeping on. No ONE believes more in your music than YOU! No one will promote it as hard, talk it up as much or try to sell it more.If you send a package out give it some time say 4-6 weeks. I cannot tell you how many times I might have sent something out and not heard nothing back then WHAM when you’re not thinking about it like sometimes months later you get the call, “We LOVE YOUR MUSIC!!” So just because someone does not call you or email you with in a month or so does not mean you’re not being heard.

We live in an age of FAST..somethings take time and for the RIGHT time. If you hold steady and do not quit and believe, make great music SOMEONE WILL notice.

With that I say CHEERS and have a safe summer, stay in touch.

Wolfie’s Music Publishing

The music players on here are from Wolfies Music Publishing and Mark Allan Wolfe

Types of Music License

.Types of Music License

Well once again we have compiled a little more info on some catagories of music licensing. we are trying to help promote music and the education of our artist. If you would like to collaborate maybe share some thoughts feel free to add a comment.  Would love to hear from our fellow artist, music libraries

Master Use Sound Recording Licenses
Usage: License master audio recording with no use of visual synchronization.
License Types:

  • Audio Projects
  • Composition and Sound Recordings
  • Master Ringtone (Pre-Recorded music which play actual clips from sound recordings.)
  • Music Compilation (CD, DVD, PC Audio)
  • Public Space (Restaurants, Trade shows, Retail spaces)
  • Radio Ad or Production
  • Sampling, Remixes, Covers and Derivative Works
  • Telephone or Music On Hold

Print Rights Licensing
Usage: Generally sheet music, song folios, scores or notation in any printed or digital form released for sale. Once sold, printed music earns royalties from the print rights license which the publisher negotiated.
License Types:

  • Scores or notation
  • Sheet music
  • Song folios

Sync and Master Licenses
Usage: Use of master in synchronization with visual for film, games, video, etc.
License Types:

  • Corporate, Theater and Competition (unless no visual media is used)
  • Film Sync License
  • Games and Software
  • Internet Website, Flash
  • Products and Toys
  • Single Units (Wedding video, small quantity for profit)
  • Slide Show or PowerPoint
  • Software – Multimedia, All platforms, any use
  • TV Advertising
  • TV Show Sync License
  • Video (Music for Video, DVD or CDROM)

Composition Licenses
Usage: No sync or master, only license to record and sell the song’s composition.
License Types:

Basic Mechanical Royalty application: A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord (e.g. CD) for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD’s and tapes.

  • Phonic Ringtones – Ringtones using standard MIDI sound files

There are two basic types of ringtones:
Phonic Ringtones and Pre-Recorded Ringtones.

  1. Phonic Ringtones are (most commonly) standard MIDI sound files that are either monophonic, where the ringtones are recreated using standard single notes, or polyphonic where notes can be played simultaneously creating harmony and/or counterpoint.
  2. Pre-Recorded ringtones play actual clips from sound recordings. It should be noted that the term ‘Pre-Recorded ringtone’ is not the standard (industry wide) term. They are also known as Trutones, Songtones, Master Ringtones, etc.

Personal Use Licenses
Usage: Non commercial usage, may be sold as retail product, offered for promotion or evaluation for commercial licensing purposes.
License Types:

  • Free Demo – for promo or commercial project evaluation only.
  • Personal Use – typical retail sales application. May not be used for any commercial projects OR purpose requiring other kinds of licenses.

Performance Rights Licensing
Application and Usage: The public performance rights most commonly collected via the Performance Rights Organizations such as ASCAP, BMI, SESAC, SOCAN, PRS and other PROs around the world. Their fundamental job it is to keep track of every single performance or broadcast of all works protected under copyright. Common uses include Film, TV and Radio broadcasting among many other public and live audience venue performances.

Mixed Usage, Special Licenses

  • Custom License – publisher/buyer negotiated according to exact usage, for example, blanket, per-program, exclusive or foreign rights deals, etc.
  • Stock Music License – some restrictions normally apply and vary according to publisher

If your looking to get an idea on some music to use feel free to visit one of the many places to utilize our music. There is a small guitar oriented library and catalog as well as a larger cata log to sample thru with more genres. Please also feel free to add your thoughts, comments and ideas that might help your fellow musical brothers and sisters in the journey to get their music out there.

Wolfies Music Publishing Store

 

More Licensing Terms

Now I know I have posted a whole page on Music Licensing Terms I thought I would make a quick one for those of you who have NO clue as to what is going on. I am trying to help everyone get a better understanding as to the craft you are trying to get into.

For all of you out there who have the whole understanding maybe you can today or sometime do the right thing and try to share that knowledge with someone who has no clue. Pay it Forward so to say. Enjoy!

All Broadcast Rights

Includes Non-Broadcast, TV and Radio, Basic Cable, Internet, Premium Cable, Common Carrier, In Context and DBS

All Media Rights

(excluding Theatrical) Includes All Broadcast Rights as well as Pay-Per-View and DVD/Home-Video – unlimited copies and “all devices now known or hereafter devised”

Audio/Visual Production

Any production such as corporate, educational, government, etc. which is not for broadcast, sale or public showing where a fee is charged.

Infomercial

A commercial no longer than one minute Internet Production
Any production released on a networked telecommunications system (i.e. On-line) such as the World Wide Web through services such as Compuserve, MSN, AOL, Netscape, etc.

Local Commercial

A commercial spot aired in less than three markets, none of which are New York, Los Angeles or Chicago

Network Commercial

A commercial spot aired nationwide

Pay-Per-View

A individual production released on Cable which is paid for by the viewer separate from the normal cable fees

Productions For Sale

Any production sold via catalog, special order, Internet, educational or government auspices as well as mass marketing to the general public

Music Start Ups

I thought this was a great article and wanted to re post it to share with my followers and anyone else out there.

visit markallanwolfe.com for more

Music Startups and the Licensing Drag

by

It is surprising that, to date, most of the conversation around the music licensing challenges faced by new music services has centered on cost rather than friction — the specific prices of royalty rates and the dollar value of advances, instead of the complexity of the process. When that complexity is addressed, it is spoken of in very general or anecdotal terms: music licensing is “complicated,” requiring a “long time,” because negotiations take place among  “countless copyright owners with different perspectives.” Furthermore, it is often argued only broad changes to copyright law — regardless of the impact of other factors — would be sufficient to overcome this friction.

In May of 2012, Sean Parker, an investor and board member of Spotify, claimed the firm’s US licensing efforts required upwards of two-and-a-half years before completion.1 Reuters had reported it spent at least eighteen months attempting to license the service in the US2, while Forbes wrote it had taken two years in Europe.3

Turntable.fm launched a beta version in late May of 2011. While still an invite-only platform, it announced a license from Sound Exchange covering performances of sound recordings, as well as blanket licenses from ASCAP and BMI for the broadcasting of musical works.4  Eight months later, the firm would announce direct licenses from EMI, Sony, Universal, and Warner music.5

In August of 2011, the Financial Times reported that the negotiations between the record labels and Beyond Oblivion, while nearing conclusion, had been ongoing for upwards of eighteen months.6  Four months later, the FT reported that Beyond Oblivion would close shop before launching its Boinc music service. Licensing agreements had yet to be completed.7

These accounts suggest different problems. Spotify was rumored to have spent nearly four years seeking music licenses. Instead, Turntable.fm, launched without them, then obtained the requisite compulsory and blanket licenses within sixty days, and, within ten months of the service becoming available, negotiated directly with the record labels. Finally, Beyond Oblivion was a non-starter after apparently two years of discussions.

Research and Disclosures

This brief was prompted by the concern that there may be a far wider range of factors beyond the law that contribute to the current friction in music licensing. We need a better understanding of how technology firms and copyright holders navigate the intersection at which these two parties meet. For this reason, attention will be given to licensing timelines, process maps, and logics — indirect measures of the transaction costs and the frames within which these negotiations take place.

An expanded description of this research can be found in a report from the same author, released jointly by the National Association of Record Merchandisers and DigitaMusic.org (available at http://bit.ly/Innovation-Paradox). No third party other than Washington and Lee University, through a Lenfest Grant, provided funding for this research. DigitalMusic.org provided the ideal partner for the release of the larger report — not only is their charter “to advocate, educate, and organize on behalf of the entire digital music ecosystem,” but also their various advisory boards include representatives of both copyright owners and technology companies.8

A combination of publicly available and privately obtained data were gathered from more than twenty interactive music services launched or attempted to be launched in the United States, between 2000 and 2012. Published news stories and company statements were inputs for the data. Also, semi-structured interviews were conducted with more than twenty individuals who had been directly involved in music service licensing efforts over the period. In addition, and in order to gain as holistic an understanding of the licensing process as possible, private data was gathered from individuals who had represented both so-called “sides” in these negotiations: technology companies and copyright owners.

 

Importantly, individual sources for this research have been and shall be kept confidential. The direct mention within this article of any particular service does not mean that anyone affiliated with that service provided private data for this project. This writer was not given access to private contracts or any deal terms, and any privately collected data is addressed in the aggregate and/or without attribution.

Legal Background

Any service that makes musical recordings available to the public, whether as downloads, internet streams, or some combination of the two, likely needs to secure licenses from two types of copyright owners: the owners of the sound recording and the owners of the musical work. Sound recording copyrights exist in the music you hear when you hit “play.” Copyrights in the musical work exist in the words and notes (i.e., the lyrics and composition) expressed in what you hear. Record labels, featured artists, producers, and performing musicians have their stake in the sound recording. Publishers, administrators, composers, and lyricists, have their interest in the music work. A single individual might be the performing artist, label, songwriter, and self-publisher. Alternatively, different individuals or entities might play each of these roles.

 

Most interactive services will need to pursue licenses that cover some combination of reproduction, distribution (or publication), and performance rights granted to copyright owners. Two types of entities predominantly license these rights for the use of sound recording and musical copyrights in the US: copyright holders themselves and rights collectives (or aggregators). Rights collectives — such as ASCAP, BMI, SESAC, and SoundExchange — represent specific rights or sets of rights on behalf of their members or stakeholders. Copyright holders, or their appointed representatives/agents, can directly negotiate license for the rights they hold.

Key Findings

First, and most importantly, the licensing process unfolds as it does for reasons far more complex than one party ‘gets it’ while another party does not.

For example, startup founders and investors may express different attitudes toward uncertainty and failure than those expressed by incumbent firms or copyright holders. These differences in attitudes are reflected in clear differences of opinion and outcomes in the negotiation. While startups are encouraged to defray the cost of uncertainty as long as possible, copyright holders have an incentive, if not a fiduciary responsibility, to address this cost upfront. As a result, the parties end up pricing particular uses of music before the value of those uses may be fully understood. Furthermore, for some of the parties involved, failure is seen as a normal part of the innovation equation — a somewhat positive badge, earned pushing the edge of what is possible — while for others failure presents a legitimate threat to professional advance — a negative brand, signaling the lack of procedure or credible analysis.

Second, the directly negotiated licensing activities of interactive music services have required, at the median, roughly eighteen months of effort before service launch.

The majority of licensing time is spent completing deals with major record companies who are also major publishers, while the remainder of time is spent completing deals with rights aggregators and collectives. Between ten and fifteen sound recording deals, across major owners and aggregators of these rights, are believed to be necessary for initial service launch. After initial launch, however, the number of sound recording owners with whom negotiations unfold has expanded from between 20-50 to greater than 500.

For example, one firm spent upwards of six months discussing potential features and pricing with rights holders before even beginning to build some version of the service. While some individuals expressed the belief that ‘familiar’ services might be licensed within six months, almost all services were self-described as ‘groundbreaking’,” or ‘never been done before’.  And so, while some standardization of service characteristics might hasten the licensing process, most operators are looking to innovate in some way, leading to an expansion of the time spent both coming to an agreement over service features and pricing those features for a license.

Over the past decade, the length of time spent negotiating prior to launch does not appear to have significantly changed (the decrease appeared to be no greater than three months). What has changed is the number of tracks services license before launch. As examples: both Pressplay and MusicNet launched in December of 2001 with approximately (or less than) 100,000 tracks.9 In May of 2005, Yahoo! Music Unlimited, powered by MusicNet, launched with roughly one million tracks.10 Rdio launched in August of 2010, claiming upwards of seven million available tracks.11

Third, as noted earlier, interactive music services obtain licenses that cover both the reproduction and the performance rights in musical recordings and works. The sound recording licenses are obtained directly from the appropriate copyright owners. The musical work licenses often engage a combination of both collective and direct (or voluntary) licensing, involving discussions with not only performance rights organizations, but also the copyright owners themselves (or their appointed publisher/representative).

The point is that consent decrees obviously and significantly hasten the amount of time it takes for a new service to be licensed by the core performance rights organizations in the US. When rates cannot be eventually agreed upon, however, the resulting rate-setting proceedings can and have extended for years. Simply stated, due to the terms found in government-established agreements that cover the licensing activities of ASCAP and BMI, a service can operate as licensed (for public performance rights) by simply requesting a price for a license with characteristics not covered by the standard license terms published by these collective rights organizations. The result is a situation wherein a service can operate as licensed, yet the rate for that license has yet to be agreed upon.

Fourth, the amount of time it has taken to obtain a sufficient collection of licenses covering what are called the mechanical (or reproduction) rights in the interactive use of musical works has decreased over the last decade — from what once was years to less than 90 days in some cases.

This new found expediency can be had only as long as the service’s features fit within the categories outlined by a 2008 agreement covering interactive services, and the service chooses to license via what is known as the ‘notice of intent’ process. Essentially, this agreement requires that a service give written notice to the appropriate copyright holder, or their representative, of the intent to operate under established terms before the right to operate under those license terms can be enjoyed. If the service characteristics are outside the bounds of those prescribed terms, the service has had to directly negotiate with each copyright owner, or their representative, whose work might be used within the service.

 

This intent process is not necessarily efficient or affordable, however. Estimates of the number of points of contact for direct licensing or ‘noticing’ musical work copyrights vary substantially: from as few as 500 points, to as many as 6,000, to in excess of 30,000 potential points of contact. This variety depends upon how these rights holders are aggregated and how large the catalog of licenses is. That said, it may be no coincidence that a new cohort of music services were licensed and launched after 2008.

Fifth, the pathway through which innovation unfolds is largely similar across the services studied. Whether there is a right way or a wrong way to travel through the licensing pipeline, there is little variation in the way in which services make this trip. Furthermore, at any point over the last decade, it appears that no greater than two or three law firms, or individual lawyers and their staff, were most central in brokering directly negotiated licensing transactions.

For example, most services began the licensing process in discussions with one or more of the major labels. This initial stage might best be described as a ‘getting to know you’ conversation, during which both personal connections and basic service ideas were discussed. After a few months, the conversations shifted to more specific discussions of service features, pricing, if not also more technical white papers. The final months involved discrete discussions of licensing agreements, which saw between four and nine revisions over a span of one to four months. Once these major agreements had been negotiated, services shifted their attention to other aggregators of independent labels and artists.

Finally, while new services face an expectation to be novel — from the perspective of consumers, investors, and even copyright owners — service characteristics among competing services after launch seem quite similar. The variety in service characteristics that arrive at the table to be licensed appears to be somewhat greater than the service characteristics offered by services that launch as licensed. It is difficult to tell what would happen and what could be learnt by the industry from a much-expanded range of service characteristics.

Conclusion

While technology has historically paved the way for new developments in the music industry, it has both disrupted old business models and transactions over copyrights. Negotiating over music rights has become very complex, and the cost is not just measured in the price paid for a license. All the parties spend too much time, effort, and resources clearing every legal aspect in trade of recorded music. The cost for music startups is arguably large, and music right holders pay a hefty price too measured by the opportunity cost of losing new business.  Whether the party is a copyright owner or a technology company, the process for procuring a music license weighs heavily all round.

 

By David Touve

 

Endnotes:

1.  Isaac, M. 2012. Sean Parker: Why Did Spotify Take So Long to Get Stateside? It Could Have Been Apple. All Things D, May 30, 2012.

2.  Reuters. 2011. Spotify to launch in US after long wait. Reuters, July 14, 2011.

3. Bertoni, S. 2012. Spotify’s Daniel Ek: The Most Important Man In Music. Forbes, January 4, 2012.

4. Popper, B. 2011. Turntable.fm hits 140,000 users in its first month. BetaBeat, June 22, 2011.

5. Van Buskirk, E. 2012. Turntable.fm goes ‘legit’ with licenses from all 4 major labels. Wired, March 13, 2012.

6. Bradshaw, T. 2011. Beyond Oblivion reveals its Boinc service. FinancialTimes, August 23, 2011.

7. Water, R. & Garahn, M. 2011. Beyond Oblivion crashes before launch. Financial Times, December 30, 2011.

8. For further information, see: http://digitalmusic.org/about/

9. See: Garrity, B. 2001. RealNetworks bows subscription service. Billboard, December 15, 2001. Also: Kusher, D. (2001). The digitabt beat: Musicnet doesn’t rock. RollingStone, December 12, 2001. Available from: http://www.rollingstone.com/music/news/the-digital-beat-musicnet-doesnt-rock-20011212

10.  Yahoo!, Inc.(2005) Yahoo! premiers Yahoo! music unlimited. Yahoo!, Inc., May 10, 2005 (company press release). Available from: http://docs.yahoo.com/docs/pr/release1237.html

11. Rdio, Inc. (2010). Rdio takes the wraps off social music service. Rdio, Inc., August 3, 2010 (company press release). Available from: http://www.rdio.com/press/rdio-takes-the-wraps-off-social-music-service/

NEW UPDATES

Hello everyone out there in TV land! Trust you all had a great thanksgiving time with those you love and care about. At the very least I trust that you took a moment out of your life to reflect on what you were thankful for.

I am just wanting to share a little info with you all. Made a lot of changes over at markallanwolfe.com I invite all of you to re visit and tell us what you think. There is a lot more info over there and a lot more on the way. For instance the new blog will be there and also Music 2 Sync will have a link thru there as well.

Which also leads me to share with you that we will be doing the same for Wolfies Music publishing main website as well Trying to get all the new things up and ready by the new year to start out fresh.

So if you have any ideas or thoughts about what you would like to see changed on our website feel free to share with us, maybe your ideas will go forwards. Tell us if there is something you would like to see come out of the new redo?

We just wanted to drop a quick story and say thanks for following and keeping in touch. Lets keep each other motivated to go on to bigger and better things.

Wolfies Music Publishing

Some Musical Business Terms

Good day my fellow musician and or music lover!

I was reviewing a few things with a client of mine the other day and I was sharing some basic terms often used with in the music business and I am one who is always endeavoring to learn and thought I might share a few terms with those of you who may just be starting out, or review for those of us who have been at this for some time.

I found some of these terms off of another website and felt that it would be fine to recycle some of these with the hopes of maybe encouraging those who take a few minutes to stay in touch. I will be adding more info and news updates very shortly once the ink is dry on a few agreements that are pending. I do hope you enjoy and feel free to share what ever you find here on this site and the others I own.

Music Administrator

Ostensibly, their duties should be to handle all the paperwork for the music supervisor and/or coordinator. In reality, they often have to handle a lot of the duties most often associated with being a supervisor and/or coordinator because of budget, time or personnel constraints. They may not be in the room as negotiations are in process, but after that meeting, you can bet that they’re the one who actually types up the contract!

Music Breakdown

While this can happen at the rough cut stage of a film, ideally the music supervisor is brought on before shooting, at which time they’ll read the script and note every place where music would be appropriate (i.e., club scene, romantic montage, car radio, etc.). This does NOT take the place of a spotting session (although it may include some ideas for where the bigger score pieces might work), but is merely a heads-up for the director with a ballpark idea of how many source cues might be needed and, perhaps, a rough budget. The supervisor will note the scene, type of music — or even a song title/artist if they have a specific song/recording in mind. They’ll also note how the music will be used (visual vocal — such as the band playing as everyone screams “Rock on!” — or background or whatever).

Music Clearance

Before using a piece of music and/or its recording in a film or TV program, it must be “cleared” with the respective publisher(s) and/or master rights holders. This means you need permission to use the music and/or its recording — and this means whether it’s “only” for a student film or festival uses, for TV (of any kind and anywhere), foreign or U.S. theatrical, or for Dolly Dinkle’s Dance Academy’s local cable ad. There are TWO parts of music clearance & licensing: A synchronization license is issued by the publisher for the use of the song/composition, and a master use license is issued by whoever holds the rights to the specific RECORDING of the song/composition. For famous/known copyrights and/or recordings get an expert or become one. It’s not brain surgery, but the ins-and-outs and “who knows who can get what at a good price and fast” can be really important — meaning you may get your “yes” or “no” answer in a couple of weeks as opposed to a couple of months. Suggestion? Go indie artist/label instead. They usually hold all rights to their own music and are more likely to make a deal that fits your budget. You’d be surprised at the variety of indie music available — it’s not all angsty chicks or moody dudes, but retro ’80s, big bands & 1940s swing, ’70s disco and old & new folk music from all around the world.

Music Coordinator

This differs greatly, depending on whether they’re on staff with a TV network or a full-service music company or an independent person who works with specific music supervisors. The Music Coordinator’s duties can be as simple as creating and filing cue sheets for the project and making sure all the dollars and cents add up at the end of the day, or may be as complex as working hand-in-hand with the music supervisor on all aspects of the project. Sometimes, if there is no supervisor, the Coordinator will work with the director and assume many of the duties a supervisor would normally handle. A Music Coordinator’s primary functions are normally to make sure the music the supervisor is suggesting for particular scenes is properly cataloged and delivered to the director, film editor and/or music editor (as directed), and all credit information (songwriters, artists, labels, etc.) is readily available. They are also responsible for coordinating the compilation of all information for cue sheet preparation, and may actually prepare the final cue sheets, based on the composer and music editor’s notes from the final mix of the film. Basically, the budget often dictates their duties.

Music Copyist (aka Copier, Music Preparer or Music Prep)

The Music Copyist (“Copier”) prepares the printed music charts and/or lead sheets the musicians use at a recording session. These are extracted from the overall music score the composer provides so that everyone is looking only at the part they play, and have their music in the right key for their instrument (kind of important). In the past (as those of us who had the stained fingers to prove it), such charts were done by hand, with India ink, and done one by one in a rather painstaking process. Today, with the advent of some great scoring software, those who prepare music for sessions most often will do it via the computer.

Music Editor

The Music Editor, along with the composer (and sometimes the music supervisor and/or coordinator) organizes, documents, and times all the music cues used in a project. He/She is the obsessive, retentive type and will often drive the director crazy with almost indistinguishable cuts in/out of a piece of music, but that’s why we love them. They will often make suggestions as to the best start/stop points, and can make a song “fit” into the scene, dodging dialogue and enhancing poignant moments by “cutting and pasting” a song. They also work with the composer on timing, length, type and placement of music that the director, composer and music supervisor have discussed during spotting sessions. If the music is being recorded live (not a Synth Score), the Music Editor will often be at recording sessions to document, time and name each cue, and will often generate the click used to keep everything exact. The Music Editor also cuts all music (source, score or source) into the film — although here is where the director and/or producer may return the “he/she’s driving me crazy” favor. The music editor also notes the correct SMPTE Time Codes for the cue’s in/out placement and provide that info to the music supervisor, coordinator and/or administrator so that official cue sheets can be prepared for filing with the respective performance rights organizations (PROs).

Music Publisher

A Music Publisher works with songwriters & composers to promote and market the writers’ songs/compositions. They pitch them to the folks who use music (movie/TV producers, record labels, video games, etc.). In return (and PLEASE NOTE: The Publisher will own this for the LIFE of the song/composition’s copyright — otherwise known as “in perpetuity”), the Publisher takes a percentage of the publishing half of a song (up to 100%). Publishers license the right to use the song (not to be confused with the recording of the song/composition), collect fees for the usage and split them with the songwriter/composer.

Music Supervisor

Regardless of whether they’re a “biggie” (meaning “I have a staff”) or an “indie” (“I get to do it all for less money”), the Music Supervisor’s main duty is in choosing music & licensing it for the project, and — as importantly — making sure the music they provide to the director/producer enhances the action/mood on screen, and helps the director/producer see their artistic vision realized. The Music Supervisor oversees all of the creative and business aspects of the music for a project. This includes helping to develop a music budget, assisting in the search for a composer, helping the director in his/her choice of songs, coordinating the soundtrack recording, “spotting sessions” (with composer & director), etc. It may or may not include doing the music clearance/music licensing paperwork, and can also include some (or all) of the duties of a music coordinator and/or music administrator. The earlier the Music Supervisor is involved, the more time they have to be creative — both with the music itself and with the budget. When a “famous” song, or a “classic copyright” is desired by a director, but the project’s budget does not allow for its use, the Supervisor will suggest (and often negotiate) budget-friendly alternatives from various sources, including independent artists and/or music libraries.

 

 

ASCAP Initiates Multiple Infringement Actions Against Nightclubs, Bars & Restaurants to Heighten Awareness About Performing Copyrighted Music Without Permission

NEW YORK, NY, Jun 25, 2012 (MARKETWIRE via COMTEX) — The American Society of Composers, Authors and Publishers (ASCAP) announced today that it has filed multiple infringement actions against nightclubs, bars and restaurants in several states across the nation.

In each of the cases filed today, the business or establishment has publicly performed the copyrighted musical works of ASCAP’s songwriter, composer and music publisher members without obtaining a license from ASCAP to do so. These establishments then refused to acquire a license and continued to perform ASCAP members’ music without permission, resulting in the filing of the infringement actions.

ASCAP manages the rights of its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works. Those licensed by ASCAP include any establishment or business that wants to perform copyrighted music publicly.

“Music plays a crucial role in attracting customers to restaurants, bars and various other establishments. Our membership of songwriters and composers are, in essence, small business people, who must invest in the tools of the trade that allow them to create music the world loves. They deserve to be fairly compensated when others benefit from the fruits of their labor and talent,” said Vincent Candilora, ASCAP Executive Vice President of Licensing. “It is both ASCAP’s right and responsibility to collect licensing fees from these venues in order to protect the livelihoods of our members.”

Any business using copyrighted music has the opportunity to obtain permission to do so lawfully, through acceptance of a license covering the use of the more than 8.5 million copyrighted songs and compositions in the ASCAP repertory. Nearly 90% of the license fees ASCAP collects are paid as royalties directly to songwriters, composers and music publishers. The balance covers ASCAP’s operating costs, which are among the lowest of any performance rights organization in the world.

“ASCAP only takes legal action as a last resort — after several attempts to provide the necessary permission have failed,” added Candilora. “Like a liquor license, establishments require a license to play copyrighted music. This is a basic cost of business recognized in hundreds of thousands of venues across the country. By filing these cases today, we hope to raise awareness among music users and the public that it is a Federal offense to perform copyrighted music without permission.”

Frequently Asked Questions about licensing can be found on ASCAP’s website at http://www.ascap.com/licensing/licensingfaq.html .

The establishments that have performed publicly the copyrighted musical works of ASCAP’s songwriter, composer and music publisher members without receiving their permission to do so, resulting in lost income for these music creators, include:

Establishment, City, State Anthony’s Lounge & Ristorante, Murrieta, CA Romeo Cucina, Laguna Beach, CA Smuggler’s Bay Restaurant, Fort Lauderdale, FL Younger’s Irish Tavern, Romeo, MI Coyote’s, Hillsboro, OR Bud’s Sports Bar, Chattanooga, TN Ixonia Pub, Ixonia, WI

About ASCAP Established in 1914, ASCAP is the first and leading U.S. Performing Rights Organization (PRO) representing the world’s largest repertory totaling over 8.5 million copyrighted musical works of every style and genre from more than 435,000 songwriter, composer and music publisher members. ASCAP has representation arrangements with similar foreign organizations so that the ASCAP repertory is represented in nearly every country around the world where copyright law exists. ASCAP protects the rights of its members and foreign affiliates by licensing the public performances of their copyrighted works and distributing royalties based upon surveyed performances. ASCAP is the only American PRO owned and governed by its writer and publisher members. For more information, please visit http://www.ascap.com .

        
        Press Contacts
        Tim Hayes
        ASCAP
        (212) 621-8414
        thayes@ascap.com

        Bobbi Marcus
        Bobbi Marcus PR & Events, Inc.
        (310) 889-9200
        bobbi.marcus@bobbimarcuspr.com 

SOURCE: ASCAP

Ideas to help in your music career?

Hello again everyone, here are a few ideas that I recently shared with a few people looking to broaden their horizons and are pursuing a career in music. I thought wow I should share these thoughts with all of you as well, maybe you already know these, maybe you do not but felt it worth the time for many people who contact me do not have some of these basic concepts down and wonder why things do not change. So lets dig on in.

As I try to move ahead in this wonderful world of music I have discovered some basic truths that if put into practice will help you immensely, if left behind or laid aside can hinder you in your progress.

Website

First you need to have some form of website or web presence in these days. If you are going to make any headway or gain some popularity you MUST have a website. They do not have from your wallet.e to be something costing millions of dollars but you need to have a .com It is a place for your fans to connect with you, a place to share links,videos band news, etc. Now I have listed a few examples to just show you of what I mean. You can have  have a FACEBOOK personal page BAND page or a MYSPACE page but always in the end you need to have your own little corner in the world that is your place, something like www.markallanwolfe.com

For something like your own URL (which is like your band name) it only cost a little bit of cash so it is not something that might break you. You can start here for possible URL. One thing I remember someone telling me early on was you need to spend a little money to make some money. so do not fear but also use extreme caution for their are folks out there who will take advantage and try to squeeze out as much as they can.

Why the need to get all of these places out there? Because part of this game called the MUSIC BUSINESS is the key word in that, BUSINESS! You thought well if I just make the music and tell people about it they will flock to me and demand, “DUDE! play on!” Just like in any other Business you will have to earn customers and build a name for yourself. The days of when you just had to play a song for someone and they would give you money to get a record deal, were blown away and wanted to make you a star are almost gone. There are times when some one comes along but even THEY need a place to start.

The music business has changed so much over the past few years that what was once a elite club to get into, is still somewhat elite, yet you have a better chance at getting to your set goals then before all because of the INTERNET. Which leads me to my next little step.

GOALS

You need to take sometime out to write out all that your looking for and what your trying to accomplish. For with out having a game plan your DOOMED to fail.As trivial as this sounds do not make haste at it. For what company ever succeeded without first having a goal to reach for. They can be anything you want but you need to devise a plan. That way when the time gets hard, and they will, you have something to go back to. When things seem to be going great and your head is int he clouds you can always comeback to your list to see if this is something that you wanted

I know many of you will probably read half way thru and turn away at some of these thoughts, but ask yourself this question, do you think Henry Ford just got together with those around him and said, “I am going to make a product that the WHOLE world will want to buy, that will make me billions, and change the WORLD!” I just want you bankers to give me all the money I need on this horseless carriage, (what cars were first called), NO!

He had to develop a plan and stick to it, by doing that as you can see they have been around for over 100 yrs if I am not mistaken.  You say, “Wolfie , dude that is cars this is different” How so? You want to change the world with your music, you need money form folks to help you realize this dream of yours. You need to surround yourself with those of like mind to achieve the goals you have set out for yourself. No matter if your looking to be the next best thing in music, acting, or any other business you NEED a plan that is solid. Nothing wrong with writing your dreams and goals out. It can be something as well to go back to when everyone around you thinks your crazy and a fool that you wont get it, it will never work. You can read your own words and find strength and comfort knowing YOU will make it if you faint NOT.

I will share a few more ideas perhaps tomorrow but definitely soon. I want you to be encouraged in this dream of yours. It is something that is birthed in your heart since who knows when. NO ONE loves your music MORE than YOU. Friends will not, family will not, your neighbors wont, only YOU. You need to believe in yourself a 120% all the time and you will make it. That is if you have got the talent, and determination. LOL Look at it like a marathon race of 26 miles. Many people will stop after 10-15 miles, faint after 20-25 but people who run say that after they hit the wall they STILL move on past it like they still have ANOTHER 26 miles to go. If you stop to look to your left or right your going to get tripped up and fail. DO NOT STOP KEEP MOVING! Wow I think I encouraged myself today.  :o)

More next time.