Synchronized license
I'm really new to a lot of this, but here is my present situation: A television production company in the UK has asked permission to use one of my songs in a documentary to be broadcast on BBC 4. I have the agreement they sent me but nowhere in the agreement have they talked about money, nor in my bringing up the subject have they responded one way or the other. The agreement looks like it's non-exclusive, so I'd retain my rights, but they're going to be making a DVD and I can only assume they're doing so for some sort of profit.
On the one hand, I like the idea of getting my music "out there" for self-promotion. On the other hand, am I being foolish by thinking this way and not trying to get some sort of compensation? Any guidance would be appreciated!
On the one hand, I like the idea of getting my music "out there" for self-promotion. On the other hand, am I being foolish by thinking this way and not trying to get some sort of compensation? Any guidance would be appreciated!
Tags: license, synchronized, uk
Replies to This Discussion
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Permalink Reply by Andrew Goodrich on -
Well, there are three rights here that will likely be at stake: 1) the sync license 2) public performance/broadcast 3) mechanical royalties. You're going to want to make sure all three of these bases are covered.
If what you have in your hands is really a straight-up sync license, that is more or less just your permission for them to use your song (recorded audio) in synchronization with (hence sync) motion picture. I like to think of it as the permission contract, because it basically has nothing to do with what they end up DOING with the final product. These days, it is not unusual for artists to sign a sync license for no monetary compensation. This has happened because of the wealth of great music now available, and the possible opportunity those musicians see for getting their music exposed to a wider audience via the production. In some cases, the production company has not budgeted any money for the sync license, and so will determine which song they use based on which they can get for free or little money (rather than which is the 'best' song for the production). So, in your negotiations, try to determine how 'essential' your specific music is to that place in the production. That will determine how much negotiating power you have. You might be able to get some money, but if you push too hard it is possible they will decide to use another piece of music. That said, the sync license is a one-time-only deal. The public performance and mechanical royalties will continue to generate money for you long into the future, so make sure you see what's going on in those areas as well. Every time the production is shown in a public place or broadcast on television, etc. it generates money for you. Make sure you are affiliated with a PRO to receive these royalties. Same deal with physical copies. Every time a DVD is printed (and depending on the contract, could be every medium now existing or used in the future), they owe you a mechanical royalty.
It can get a little complicated pretty quickly. There is general info widely available about these royalties, so inform yourself. After you have a basic grasp of what's going on, in this case, I'd also suggest you hire an entertainment (NOT your family lawyer, etc) lawyer to look over the deal. It may cost you a bit up front, but the potential to make money here is large. So, if you don't understand exactly the terms of the deal or what you are legally owed, you could risk losing a lot of money by not having a lawyer knowledgeable in this area review the contract.
I hope this answers your question and gets you headed in the right direction! And congratulations on having your music selected!
P.S. I'm not a lawyer, and this is not legal advice.
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Permalink Reply by Erik Contzius on -
This is VERY helpful. My only question is: What is a PRO exactly? My frustration is that I'm in ASCAP but they don't deal with mechanical licenses and HFA wasn't very helpful. Your advice about getting an entertainment attorney is a good one, and I think ultimately that's what I need to do. Thanks!!!
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Permalink Reply by Andrew Goodrich on
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A PRO is a Performance Rights Organization, which ASCAP is. In the US, the PROs are ASCAP, BMI, and SESAC, but since you already associated with one, you're good to go.
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