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

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

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

A few other videos

An acoustic melody mixed with a variety of piano,string orchestra as well as some synths. A nice meditative song that has helped me find rest every time I play it in the studio. I do hope you enjoy it. For more about the music please visit http://www.markallanwolfe.com or http://www.wolfiesmusicpublishing.com

http://embed.animoto.com/play.html?w=swf/vp1&e=1336839606&f=XN7sGrC417TeSeFy1mDpMA&d=149&m=a&r=240p&volume=100&start_res=240p&i=m&options=

A beautiful song of love inspired by the thoughts of children and the love they offer. This song was made by Mark Allan Wolfe and has been an inspiration to many. it is a simple acoustic melody wrapped around keyboards and a small ensemble. The choir and child singing were especially interesting to record and perform. We hope you enjoy it and if anything else we would invite you to visit these website below to hear more and perhaps comment? Thanks

Wolfies Music Publishing
http://www.wolfiesmusicpublishing.com
http://www.markallanwolfe.com

Georgia Legislature Sides With Music Industry On Entertainment Tax Credit Amendment

Here is a re posting I read about certain developments here in the state if Georgia, I found it very interesting and very helpful and beneficial. I hope you do as well. It makes me consider the situation in other states?I will try to find out more about it as well as with other states. Any comments?
Georgia Music Partners (GMP) and The Recording Academy Atlanta Chapter successfully engaged the Georgia Legislature to add language to the Georgia Entertainment Industry Investment Act that clearly shows that music produced in Georgia for qualified film and television productions is an eligible expense. This decision clears the way for the state and GMP to promote the tax benefits of music production here.

The bill was sponsored in the Senate by Chip Rogers (District 21) and in the House by Ron Stephens (Savannah), Matt Hatchett (Dublin), Butch Parrish (Swainsboro), Matt Dollar (Marietta) and Amy Carter (Valdosta).

“We are very happy to make Georgia home to music,” said Sen. Stephens. “We hope to have the very same success in music as we have in film productions.”

According to Tammy Hurt and Simon Horrocks, co-presidents of GMP, the language in the original 2008 law suggested a narrow interpretation of what would be considered “qualified” music productions. “By having the legislature rule in favor of music production in the state as a qualified expense, we now have confidence in marketing the business-friendly environment that Georgia offers the music industry,” said Hurt. “The state has seen a huge increase in film production since 2008,” said Horrocks. “The legislator’s clarification is the first step in doing the same for the state’s music industry.”

If your looking for a music composer for your projects or for some new music or music to license would you consider the music of Mark Allan Wolfe or Wolfies Music Publishing. We specialize in finding you the right music for your projects and have a large supply of music that is just right for you. Feel free to visit the links here at at the bottom of this page.
www.markallanwolfe.com 

www.wolfiesmusicpublishing.com

“This is great news for the state’s economy,” said Phil Tan, an Atlanta-based three-time Grammy Award music engineer. “This will enable local music-related business entities to have an additional marketing angle and attract record companies, artists, producers and other music makers to bring their projects here to Georgia. Hotels, restaurants and other local businesses will benefit from the added traffic as well.”

According to Billboard’s top 40 moneymakers of 2012 ranking, Georgia artists represent 18% of the worldwide top music moneymakers worldwide.

Originally created in 2008 the Georgia Entertainment Industry Investment Act provides state tax credit for qualified production and post-production expenditures. The Georgia Entertainment Industry Investment Act offers an across the board flat tax credit of 20 percent based on a minimum investment of $500,000 on qualified productions in Georgia. An additional 10 percent Georgia Entertainment Promotion (GEP) uplift can be earned by including an imbedded animated Georgia logo on approved projects.

TIPS and IDEAS on music submission

Tips on Music Submission

When sending your material out to a Publishing company, record label or any number of professionals who might help you in your promotion and exploitation of your music, you need to do it right. You need to take a few extra steps in making sure your music has a fighting chance. It sometimes does not mean a hill of f you or your friends think it is the next greatest hit, if it never gets listened to the CD becomes a coaster.

If you take these few steps with your delivery you may find you have an edge on your competition. Believe me there are millions of other folks who are out there who believe in there music the same way you do. Many will think all they need to do is to take a cd record an mp3 on it and send it with no letter or anything on it.

Make sure your songs are all mastered and are at the right volume, no pops,distortion or clicks. Try to select only the best tracks that give the best example of who you are and your sound.
Mark%20Allan%20Wolfe

When you place your music on a disc to mail out, be sure to write CLEARLY or to print out a sticker with all your contact info on it. I would make a suggestion to you. You spent all this time in creating the music and all this effort to trying to market it, why not spend a few more bucks and purchase the disc stickers for your printer? I was told once that if you just write on the disc with some scribbled letters, it gives the impression that you do not care that much about your music? I can see why. Remember you are trying to get people to listen to your music.

You want people to open there mail and be like “WOW these folks took a lot of time and effort into creating this package, they must ROCK!” By a fancy folder and nice printing pap cause remember you only have one time to make a first impression.Chilling out by a water fall Northern GA

When you send your email or EPK if you do not know what that is ( Electronic Press Kit) you need to make sure you re read everything. Do not make long statements about this and that, introduce yourself and give all your connection info and/or ask if you can submit material. Understand that many A&R,Music Mangers, Music Supervisors receive hundreds of tracks a day if not weekly. They need time to go thru the stuff they get and if your successful to have them open up your email or CD package, you do not want to waste their time.

TUNE PAKE    http://www.reverbnation.com/tunepak/3558037

When giving your links to sample your music it should take the person directly to the song or title to a music player. You should never assume that the folks are going to go surfing thru your website or have to jump thru hoops to sample your music. If they cannot find it with in a few seconds most times they will move on and your done.

So, please do not get angry with me and email me then tell me how mean or stupid I am. All of these ideas come from trial and error. I have experienced these first hand and have found out what works. Maybe not all the time but with trial and error you learn a little here and there.

At the end of the day it is always up to the music supervisor or the director on which song (s) will be chosen. No matter who makes it, how long you worked on it, if you dig it or not, if they do not dig it you are not going to change their minds. If it works with the picture in their eyes then there is no stopping the deal. So create your best, try hard, put your best foot forwards and keep on knocking until the door opens. It might take years but if you got the jams then eventually someone will listen if your humble, talented and have a teachable spirit.

For more info stop on thru again or visit www.wolfiesmusicpublishing.com or www.markallanwolfe.com for more. You are always free to visit www.wappublishing.com and also visit the other companies out around the webs nd be sure to share what you have learned with others.

Studio pictures from earlier years

Wolfes Den studio in the early stages

Some music samples for cues

I was working this morning searching for something and came across a websites which triggered my mind to post this sample song list of various song in stock at wolfie’s music publishing.com

Me and You soft rock / pop

On Time Electronic / Dance

Strike Force ROCK / Metal

A Child’s Prayer  Acoustic / New Age

Well I hope you enjoyed these few songs to get you going today and feel free to visit the sites to learn more about what we are doing, the music business and music for tv and film.

Mark Allan Wolfe

http://www.wolfiesmusicpublishing.com

Common Music Licensing terms

For those of us who need to be reminded of certain terms and for those of you who have never known but would like to know what certain terms are I thought it would be a great idea to post or re post this definitions of terms from <a href=”http://ASCAP.com”>ASCAP.com</a&gt; I am a member of this orginazation and I am very happy to be. So let’s dig in shall we…oh yes if you have any questions, thoughts or comments please feel free to share them with everyone they might be thinking the same thing.

<strong>ADI</strong>
ADI or Area of Dominant Influence is the geographic area or market reached by a radio or television station. It is used by advertisers and rating companies to determine the potential audience of a station.

<strong>Blanket License</strong>
“Blanket license” is a license which allows the music user to perform any or all of over 8.5 million songs in the ASCAP repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of ASCAP’s members and the many foreign writers whose music is licensed by ASCAP in the U.S. [see also Per Program License]
<strong>
Dramatic or Grand Rights or Dramatic Performances</strong>
ASCAP members do not grant ASCAP the right to license dramatic performances of their works. While the line between dramatic and non dramatic is not clear and depends on the facts, a dramatic performance usually involves using the work to tell a story or as part of a story or plot. Dramatic performances, among others, include:

(i) performance of an entire “dramatico-musical work.” For example a performance of the musical play Oklahoma would be a dramatic performance.

(ii) performance of one or more musical compositions from a “dramatico-musical work” accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken. For example a performance of “People Will Say We’re In Love” from Oklahoma with costumes, sets or props or dialogue from the show would be dramatic.

(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual representation. For example, incorporating a performance of “If I Loved You” into a story or plot would be a dramatic performance of the song.

(iv) performance of a concert version of a “dramatico-musical work.” For example, a performance of all the songs in Oklahoma even without costumes or sets would be a dramatic performances.

The term “dramatico-musical work” includes, but is not limited to, a musical comedy, opera, play with music, revue or ballet.

ASCAP has the right to license “non-dramatic” public performances of its members’ works – for example, recordings broadcast on radio, songs or background music performed as part of a movie or other television program, or live or recorded performances in a bar or restaurant.

Dramatic and grand rights are licensed by the composer or the publisher of the work.

<strong>Mechanical Rights</strong>
A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD’s and tapes. Recording rights for most music publishers can be obtained from

The Harry Fox Agency
205 East 42nd Street
New York, New York 10017
212-370-5330
http://www.nmpa.org/hfa.html

<strong>Music Publisher</strong>
A music publisher works with songwriters to market and promote songs, resulting in exposure of songs to the public and generating income. Music publishers “pitch” songs to record labels, movie and television producers and others who use music, then license the right to use the song and collect fees for the usage. Those fees are then split with the songwriter.

For more info visit <a href=”http://www.markallanwolfe.com”>www.markallanwolfe.com
</a>
<strong>Per Program License</strong>
A “per program” license is similar to the blanket license in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of ASCAP music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license.
<strong>
Public Performance or Performance Rights</strong>
A public performance is one that occurs “in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.” A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

<strong>Record Label</strong>
A record label (or record company) makes, distributes and markets sound recordings (CD’s, tapes, etc.) Record labels obtain from music publishers the right to record and distribute songs and in turn pay license fees for the recordings.

<strong>Retransmission</strong>
A transmission of a performance is one that is sent by any device or process (for example, radio, TV, cable, satellite, telephone) and received in a different place. A retransmission is a further transmission of that performance to yet another place.

<strong>Sound Recording</strong>
A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a “mechanical” license to record and distribute the song as part of the record.

<strong>Synchronization or “Synch” Rights</strong>
A synchronization or “synch” right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is “synchronized” or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program.

Mark Allan Wolfe

www.wolfiesmusicpublishing.com

Making the music

So what can be said about this subject that has not been said already? I am sitting here staring at a blank page and rocking out to my Steely Dan collection listening to some oldies but goodies like, “Bad Sneakers” “Kid Charlemange”, and “AJA”. These songs being some of the best recorded by some of the best in the industry. The album AJA for instance garnering many awards for engineering and going down as an album that is one of the greatest in history.

On April 6, 2011, the album was deemed by the Library of Congress to be “culturally, historically, or aesthetically important” and added to the United States National Recording Registry for the year 2010.

In July 1978, the album won the Grammy Award for Best Engineered Non-Classical Recording. In 2003, the album was ranked number 145 on Rolling Stones “The 500 Greatest Albums of All Time” list.

wolfies music publishing beach

wolfiesmusicpublishing.com

I know there are other albums or artist out there that are just as good if not better than my example but you get the picture. I am sitting here listening and asking myself , “What make a great song”, “Why are these songs so great?” Is it there musicianship, the musician, the engineer? the right songs at the right time, the right studio? or all of the above? I think it is the last ALL OF THE ABOVE.

I say that because you can as a musician and composer I make a lot of songs and record a lot of music for not only my self but for and of other people. I write songs as a song writer work with them, I work with other musicians and record them and all plus engineer the stuff I record both for them and myself. I know  a little about what goes into it.

I am not a super man being able to write or record hits ALL the time sometimes we suffer from writers block but l wanted to share with you a few ideas and thoughts in your journey and also remind you of some simple truths.

When your done reading why not take a moment to visit www.wolfiesmusicpublishing.com

Wolfies Music Publishing LOGO

Music to sync blog

1) Study your craft You need to stay on top of things and learn as much as you can about those subjects you want to excel in. This stuff does not come to you thru osmosis :0) You cannot just wish it to happen you need to work at it like anything else.

Find places online which teach it, write about, listen to stuff about it. When you find yourself being able to teach someone something you have learned you can rest in your heart that you are on the way to getting to where you want to be. The same can be said if you find yourself using those tools in your projects that you have read about or listened to in DVD or CD form.

2) HUMBLE YOURSELF When you think you know it all you are far from beginning I dare say you have not even enter kindergarten. I know that this will sound strange and forgein to a lot of you many will be offended. This is not what I am trying to do but I am trying to get you to hear what I am saying.

How many of us have heard or known of people walking into a flight instructor school saying, “I know all there is to know about flying, I can do it no problem” I never have heard of anyone saying this and if they did I would NOT want to fly with them. The same can be said of us when we fail to humble ourselves and walk into a studio situation or start to work on something and declare in our hearts or to those around us that we know ALL there is to know about it?

What happens is that everyone in the room knows you suck and no one wants to record with you. I know I was using extreme ideas but you get the picture, we need to recognise that we need help and are not afraid to ask for it. When you ask questions you show yourself to be wise and wanting to learn. When you make a mistake or admit you wwere wrong, you path the way to great success.

3) PRACTICE Finally something we all like to do, is practice or perfect our craft. To go over it over and over again until we get it in our sleep. TO the point where we do not even need to second guess yourself you just know it it becomes like breathing. even though it might hurt your fingers, mind or cause your eyes to blur from staring at the screen but if you take time out of every day to practice you will become GREAT. You will become successful if you practice these tenants to becoming the best.

I do hope you come by again and share your thoughts with me and let me know what you think. I am still endeavoring to put into practice these simple truths I just shared with you. I am learning to become nothing so I can become the best in everything. That is a mystery yet to be seen but I am enjoying myself along the way, making some great friends and hopefully some great music along the way.

Mark Allan Wolfe
www.markallanwolfe.com

www.wolfiesmusicpublishing.com

mark@markallanwolfe.com

Mark Allan Wolfe holding PRS

Want to play?