The talking points on Music Licensing from the Band Business Crash Course held at the Plea for Peace Center on Nov. 3, 2012. Presented by the Pacific Music Management Club, faculty and alumni.
2. LICENSING: WHAT IS IT?
Permission from the copyright owner to use their
work
Bundle of Rights
Licenses can be bought and sold
Types of Payment
Flat fee
Royalty
Exclusive vs. Non-exclusive
Any and every time you hear music, in theory, the
copyright owner (or his/her representative) has
licensed that right to use their music
3. TYPES OF LICENSES
There are a variety of licenses for different types of
uses of your music.
Mechanical License: song copyright
Royalties are usually based on the statutory rate, which is
currently 9.1 cents for songs under 5 minutes, and are due for
every record “manufactured and distributed.”
Master Use License: sound recording copyright
Royalties are negotiated with the master owner, and for
popular recordings, can get very expensive
Public Performance: song copyright
Royalties based on the amount of times your song is played
Synch: use of your music to synchronize with, or relate
to, something visual on a screen
Fee is based on the length of the song, the manner of use, and
the intended reach (ex. national/regional) of the video
4. PERFORMING RIGHTS ORGANIZATIONS
Performing Rights Organizations (PRO) act as
intermediaries on behalf of copyright owners to
track and collect payments for the public
performance of your songs
The more your song is played, the more you will
earn
There are 3 Performing Rights Organizations in the
United States. Each has its own website with
detailed information about the organization.
ASCAP
BMI
SESAC
5. PUBLISHERS
Music publishers exploit your songs by finding
potential users, issuing licenses, collecting
fees, and paying the writers.
Copyright owner will license certain rights to the
publisher
Publishers generally charge 50%
Until you get “picked up” by a publisher, you have
the right to license your own music
Many publishers do not accept unsolicited materials
6. LICENSING YOUR MUSIC
Network!
Songwriter workshops and competitions
Become known locally before moving into a bigger
market
Prepare a demo
Social Media/Promotion
Be patient!
7. EXERCISE
Match the genre of music with the most appropriate client
(aka the “licensee”)
Metal a) documentary on medical marijuana clinics
Classical b) TV show about the history of the piano
Reggae c) Reality TV show in tattoo parlor
Alternative Rock d) slow-paced short film in Iceland’s rolling hills
Ambient Electronicae) TV show about indie band making it in the biz
In order for your musical act to cover a song that has
already been released by another singer/songwriter, what
kind of license do you have to obtain, and to whom does
the money go?
A. Mechanical license; original artist’s manager
B. Mechanical license; original writer’s publisher
C. Master use license; original artist’s record label
D. Synchronization license; original artist’s producer
E. Master use license; original writer’s publisher