Using licensed music in spots.

Kim White

Could someone fill me in on this? If I remember right, can I use up to :08 of a licensed song in a spot, or has that changed?

If an audition requests music, does it have to be license-free?

Thank you!

Frank Frederick · Posted: Tue Aug 28, 2007, 07:32 (GMT) Post subject:

Ahhhh Kim, will the spot be broadcast? Will the spot be paid for? Are you reselling the spot? Answer any of those three questions with a Yes, and commercial music must be licensed!

Actually, put it this way; any user of commercially licensed music must pay a fee (period).

ASCAP, BMI, and other licensing groups will reiterate my comments. It does not matter if you use :03 seconds or :07.5 seconds; if you use commercial music; it must be paid for.

The safest way to think about using any background music is to buy a library, and if there are "needle drop fees" - pay them. If not, use the music as you choose.

If the production is used for personal promotion, you may use commercial music. But why? If there is any chance the "audition" will be broadcast or be used to promote you with any kind of renumeration, you will be required to pay a fee. To be safe, use license free music on any and all productions coming from your facility or studio.

Try singing the familiar "Happy Birthday" song in public or private, you will find out how the Girl Scouts were required to pay a multi-million dollar settlement and change their song to something which was un-licensed by the current owners of the "Happy Birthday" song (the family of the late writer of the music).

Good luck,

Toodles

Frank Frederick
"The Voice" tm

Christian Plasberg · Posted: Tue Aug 28, 2007, 15:12 (GMT) Post subject:

So is a music/ sfx library one of the "must-haves" in a home studio?

Ronald T Robinson · Posted: Tue Aug 28, 2007, 18:03 (GMT) Post subject:

V/O Talent, generally, have no need for a music library of any kind as they are providing "cold voice" auditions and "cold voice" product when hired.

However, for those who are also offering Production capacities, a "No Fees" library is a must.

Some of our members have terrific libraries - as there are a few of them out here.

Kara Edwards · Posted: Tue Aug 28, 2007, 18:09 (GMT) Post subject:

I think it is a good idea for all talent to have a solid music library. While I'm not in love with full production- I am capable. It can add a little something extra to an audition...and it has helped me get a few gigs just letting the client know I have a royalty free library if needed. There are even websites you can use to buy one song at a time- I've done that before when I can't find what I want on my shelf.

September Day Leach · Posted: Tue Aug 28, 2007, 19:49 (GMT) Post subject:

and there are sites like RadioDaddy.com where you can get some beds for free. A lot fo production people over there are happy to trade services with you. They'll make your music, you slate their demo!

Frank Frederick · Posted: Tue Aug 28, 2007, 20:26 (GMT) Post subject:

I do not know much about RadioDaddy and their services. However, check out Digital Juice. Often Digital Juice offers special where you are able to buy a vast quantity of music for $100.00 or less.

I would not offer an audition fully produced personally. While it may add style and show you skills as a production person ; a produced audition sends the message that you are a production person NOT a VO artist.

Offer them what they want and give them more IF they hire you is my motto.

Toodles

Frank Frederick
"The Voice" tm

Dina Monaco-Boland · Posted: Tue Aug 28, 2007, 21:26 (GMT) Post subject:

I have a question concerning this. If I've purchased a library of music for my fitness classes can I use that music for demos or auditions? I was just thinking that over the years I've shelled out loads of dough for music for my classes ($35+ per CD-- and I have TONS of them) and recently wanted to add music to something I'd done but didn't 'cuz I didn't have a music library-- or so I thought. Do I have a library? Just curious.

Debbie Deutsch · Posted: Tue Aug 28, 2007, 21:56 (GMT) Post subject:

That's a good question Dina, if you use that kind of music in classes for yoga, dance, exercise classes, can you also use it in VO? I've wondered the same thing.

Ed Gambill · Posted: Tue Aug 28, 2007, 21:56 (GMT) Post subject:

Kim this is long but it is a subject that is sometime difficult to comprehend.

Needle Drop (now called Laser Drop) & Buy Out

Those the two terms are most associated with music use in commercial usage. I am not a lawyer and the information I am sharing is not to be construed as legal advice. My CMA disclaimer.

A good book and one from which I garnered the here in after recited information come from “Clearance & Copyright – Michael C Donaldson” ISBM 1-879505-30-4

ASCP, SESAC, BMI and others are mostly interested in performance rights, when music is played as purely entertainment. Any song that has been published, meaning recorded and sold come under the jurisdiction of statutory rights. This means that any person can also record the song and sell copies provided they pay the statutory licens fee per copy sold. The fee is set by law and can be negotiated downward but may not be raised by the owner of copyright

Synchronization rights are a total different story and an issue to be observed closely to keep you rear end out of trouble of the worst kind. Synch right are held by the owner of the songs copyright and also the owner of the master license for any recorded song. When a song is as part of a; film, video, radio or television commercial or other usage where the music is a substantial part of the work and the work is for commercial usage ( this may very well include not for profit work) that usage is called synch rights.

I own the master license to a group of song recorded by an musician. The composers are varied. I paid the statutory rights fee to reproduce the song and sell them. About 2 months ago I heard a commercial that included as part of the music bed one of those songs. The production company did not get Synch rights from me or the composer. In this situation I and the composer could set any price we wanted for the music and if the production company wanted it they would have to pay the price we set. Remember these are two different synch rights that must be had. If I was the composer and master rights holder then only one agreement would be needed. Now then having used my music with out my permission I could have said any price I wanted and gotten it.

Another story but true. A large company who I never knew the name of use the theme from Rocky at one of it company functions as the music bed to a video. When the composer and owner of master rights got wind they charges the company 38,000 dollars and got it.

Best case is never ever uses music in any commercial with out first getting in writing the synch rights. If you have a production library contact the owner and determine if you have blanket or needle drop right for use. I like the Music Bakery it a total buyout library and very good.

Frank Frederick · Posted: Tue Aug 28, 2007, 22:07 (GMT) Post subject:

Thanks Ed,

I appreciate your clearing things up in a more comfortable way. Sometimes I get long winded... LOL

One thing Ed mentions is to: "get permission in writing before you produce the project" (or some such words). This is important. Please make note of it.

Ed also mentions the "Needle/Laser drop fee" and "total buy-out: products. Be sure you know what you own before you produce your product.

Toodles

Frank Frederick
"The Voice" tm

Ed Gambill · Posted: Tue Aug 28, 2007, 22:16 (GMT) Post subject:

Frank thank you also

In my case where the rights were not gotten in advance, I didn't rake em over the coals. He paide a reasonable fee. I may be able to convert him into a client, and keep him out of trouble in the furthure.

Frank Frederick · Posted: Tue Aug 28, 2007, 23:07 (GMT) Post subject:

The long HARD way to do things, eh?

Thank you again Ed, I do appreciate your comments and thoughts.

F2

Jim Feldman · Posted: Wed Aug 29, 2007, 17:46 (GMT) Post subject:

short answer... you cannot use any recorded music that is not in public domain. that includes classical music, unless you have recorded the piece yourself, or commissioned someone to record it.

here;s alink to an article from radio and production magazine. http://www.rapmag.com/PayThePiper.html. it's targeted to production directors, but it still answers your questions.

Jim Feldman · Posted: Wed Aug 29, 2007, 17:56 (GMT) Post subject: