NOVEMBER 13, 2009
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!
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.
Thea may be contacted at rockprophecies@gmail.com
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.
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