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by Jeffrey & Todd Brabec
When a producer wants to use an existing musical composition
in a network television program or weekly series, permission
must, with few exceptions, be secured from the music publisher
who owns the song. The producer or music supervisor of the
show will decide what song they want to use in the program
and the scene in which it will appear, how the song will be
used (e.g., background vocal or instrumental, sung by a character
on camera, over the opening or ending credits), and the media
needed (e.g., free television, pay television, subscription
television, pay-per-view, or basic cable).
The producer or its "music clearance" representative will
then contact the publisher of the composition, describe the
context of the program and particular scene in which the song
will be used; ask for a specified period of time to use the
song in the program (usually from 5 years to life of copyright),
negotiate a fee, and then sign what is known in the television
business as a "synchronization license."
In most cases, the "synch license" is signed after the first
broadcast of the program, but the negotiations and securing
of permission to use a song virtually always occur prior to
putting the song in the program or, at the latest, prior to
the initial broadcast date.
Many television programs secure price quotations from music
publishers for the use of songs either during the scriptwriting
stages of a project or immediately after a final script for
an episode has been approved. Some weekly series, however,
clear music while scenes are being shot or, because of impromptu
ad-libs during taping, last-minute additions, or editing delays,
a few days prior to actual broadcast and sometimes even after
the airing.
Fees depend on a number of factors, including the music budget
for the program, whether the song is a well-known standard
or current hit as opposed to a new song in need of exposure,
the song's importance to the series episode and the particular
scene in which it is performed, the number of times it is
used in the program and the manner of the use (e.g., background
music from a jukebox or sung by a character on camera), and
the song's remaining copyright life.
In addition to the length of the term of the license, the
actual timing of the song's use is also important in negotiating
a fee. For example, if the duration of the song used in the
program is less than a full or substantial usage (30 seconds
or less), then the fees charged by many publishers may be
reduced. But if the song is a recognizable hit or standard
and the use is important to the context of a particular scene
(such as a main character singing the song on camera or a
background mood use that is essential to the plot of the episode
or series), there usually is no reduction in the synchronization
fee even if only 15 to 30 seconds are actually used.
Under a free television synchronization license, the music
publisher gives a series producer the right to include a musical
composition in a particular television program and to sell
that program to any station in the world without any further
payment. For example, the series can be sold to a television
network for early-morning, primetime or late-night airing
and unlimited repeats, to syndication, or on a station-by-station
basis during the term of the license, with the only conditions
being that the television stations showing the series do not
charge their viewers a fee to watch the program and that they
have a valid performance license, which permits them to broadcast
the music contained in the episode or series.
As to network series, many producers will ask for an "all
television" synchronization license, usually for the life
of copyright of the composition being used. Since this type
of license is all-encompassing, fees for the use of known
songs in major series usually range from $6,000 to over $10,000
for synchronization rights; fees which do not cover any home
video option rights.
© 2002 Jeff Brabec, Todd Brabec.
This article is based on information contained in the new,
revised paperback edition of the book "Music, Money, And Success:
The Insider's Guide To Making Money In The Music Industry"
written by Jeffrey Brabec and Todd Brabec (Published by Schirmer
Trade Books/Music Sales/435 pages). Click
Here to buy this book.
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