The following FAQs and answers provide a comprehensive guide for television and film producers seeking to understand music licensing. The points were originally printed in Smart Licensing.

1. What is music clearance?
Simply, it is the process of securing permission to use musical compositions and recordings owned by someone else. More specifically, however, it involves:
1) determining who owns the copyright to any given musical material; negotiating permission to use that material in the territories and media in which exhibition or distribution is planned; and
2) paying the negotiated license fees to the copyright owners.
3) An agreement between a copyright owner (or its representative) and a user of the copyright is called a “license.
There are many kinds of licenses that cover many different media of exploitation. Every production presents a unique set of legal and business issues that should be addressed and resolved before production begins. The media and terms of distribution effect the rights to be obtained from music copyright owners.The clearance process should be undertaken before being committed to using specific songs and recordings in order to eliminate musical material that may be too expensive or that the copyright owners do not want used. For example, some musical compositions, while popular and in general use in areas such as radio broadcast or nightclub performance, are not available (at any price) in certain other media application. It is advisable that music clearance issues be addressed early in the planning stages of a project to assure the availability of the musical compositions and recordings for their intended use and subsequent exploitation. The unauthorized use of such material could result in an injunction blocking the distribution of the production, as well as other financial penalties. An early phone call to an attorney or music clearance service is highly recommended.

2. Why does a producer have to secure licenses for “music rights?”
The music that is broadcast every day on radio, television and cable, or that is performed in nightclubs and concerts, is subject to federal copyright protection. Pursuant to the U.S. Copyright Act and other related legal doctrines, the owners of copyrighted musical compositions, and the recordings thereof, have the right to control how their musical material is used and the fees that will be paid for that use.This system of law makes it possible for composers, lyricists and recording artists to earn a living from their creations and requires that broadcasters, cable programming services and others desiring to use protected musical material secure proper permission to do so.

3. Is there a distinction between musical compositions and recordings?
Yes. Musical compositions include all of the copyrighted popular songs, themes, underscore, background music, and production library music commonly used in television and film programs. Additionally, recordings of that music may also be protected by copyright law, state anti-piracy statutes and other legal theories. For example, the musical composition “Thriller” (written by Rod Temperton and published by Almo/Irving Music) and the recording of “Thriller” (performed by Michael Jackson and owned by SONY Music Entertainment, Inc.), are two separate copyrights. Use of the recording of “Thriller” may require a license from the owners of the musical composition and the recording, depending upon the circumstances.  In copyright terms, the recorded performance (i.e., record, tape, compact disk) is called a “sound recording” and a license to re-record a sound recording in a television or film production is called a “master use” license.

4. What is a producer’s responsibility for clearing the music used in a television, motion picture or video project?
Both as a matter of copyright law and the producer’s own distribution or exhibition agreements, it is generally the producer’s responsibility to secure the clearance of musical material used in his television, motion picture or video production.  This is required to avoid liability for copyright infringement, to meet broadcaster or distributor delivery requirements, and to comply with Errors and Omissions insurance procedures (see question 5).
Failure to properly clear copyrighted musical material may result in substantial copyright infringement liability, an injunction against distribution, legal fees, and the very real possibility of massive re-editing of the finished program or the destruction of release prints or dubs. Once the musical material is properly cleared, it can be used to the full extent of the license terms.

5. What is an Errors and Omissions insurance policy?
Distribution and broadcast agreements require that the production be insured for such things as inadvertent copyright infringements or the unauthorized use of protected materials. Errors and Omissions insurance covers all of the parties in the production/distribution chain for reasonable errors and omissions that may occur during production.

Generally, the applicant for an E&O policy (usually the producer or distributor) will be required to follow the insurance company’s written procedures for the clearance of material used in the production. The applicant must sign a written declaration stating that the detailed information required in the application for insurance (including all of the specific clearance procedures) is in all respects true, and that no information has been omitted, suppressed or misstated.

Additionally, the application for insurance must be signed by an attorney who is familiar with the clearance procedures of the insurance company.  The attorney must also sign a written declaration that the attorney will use best efforts to assure that the “clearance procedures” are followed, and that he believes that the statements in the application are correct.

6. Who are the owners of musical compositions and recordings?
This is a very complex question. Generally, a songwriter may sell or assign the copyright in his song to a music publisher who pays the writer a share of the royalties derived from its exploitation.In such cases, the publisher generally owns the copyright (or a portion of it) and is the party with authority to grant permission for its use. However, the approval of the songwriter may be required before a music publisher can grant a license. In other cases, songwriters may own the copyright and transfer the right to grant permission and collect royalties for certain types of rights to other representatives or outside agencies, who collect royalties and generate license agreements (i.e., administration) for them.

It is now common for copyright ownership in a musical composition to be divided by percentages and territories.Several songwriters may collaborate, with each controlling his own interest.Several publishers could own rights in the United States, while several others could own rights for the rest of the world. All of this may result in situations where several parties must agree to the license, thereby increasing the difficulty in obtaining clearance.

Recordings are usually owned by the record company that paid for the recording session, or that had the recording artist under contract. However, the terms of recording contracts can require certain artist approvals before the record company can grant a license.

7. What was the U.S. Supreme Court’s “Rear Window” decision and how does it effect music licensing?
A full discussion of the so-called “Rear Window” decision is far beyond the scope of this booklet.  However, you must be aware of how this decision effects music licensing.

In broad and general terms, songs copyrighted before January 1, 1978 are entitled to two terms of copyright protection: a first copyright term of 28 years, and a renewal term of 47 years – for a total of 75 years.  If the author of a song copyrighted before January 1, 1978 were to die during the first 28-year copyright term, any productions that used the song would lose the right to continue distribution of the production containing the song at the end of the first copyright term.  At that point, the heirs of the songwriter would be entitled to receive additional license fees for any continued exploitation of the song in the renewal term.

For example, if a producer enters into a 10-year music license during the 25th year of the original term of a song’s copyright, that license agreement may become unenforceable at the end of the 28-year term (i.e., three years into the 10-year license) if the songwriter dies during the first term of copyright.  In such a case, a new license agreement (for the remaining seven years) would have to be negotiated.

Unfortunately, this is not a problem that can be easily solved. In order to do so, a producer would have to get the separate consent of all the songwriter’s heirs before the songwriter dies. Even if the producer were to do so, leaving aside the additional administrative cost and license fees, there is no assurance that a songwriter would not thereafter have additional children or wives.

No producer wants to be in a position of losing the rights to a song after he has recorded it into his production, or after he has paid for the rights. Your attorney or music clearance service should advise you as to which songs are effected by the decision, and the policies of distributors or broadcasters who, for legal or business reasons, may prohibit or restrict the use of such songs.

8. What rights are needed in order to make sure that the musical material used in a production is properly cleared?
In general, the rights commonly required in order to use musical compositions and recordings in television and film productions may be divided into the following categories:

PUBLIC PERFORMING RIGHTS: A public performance is a term of art that refers to the right to do such things as recite, play, sing, dance, act out or broadcast a musical composition in public.  However, there is a vast difference between the rights required to merely sing a song on a bare stage, and the rights required to dramatize or tell the story of a song using sets, costumes, props, etc.  A detailed explanation of dramatic and non-dramatic rights is beyond the scope of this booklet; however, the rights required, and the complexity of their clearance, will depend upon the way the song is to be performed.

Pursuant to the U.S. Copyright Law, a record may be “performed” in public without the permission of the record company because the U.S. Copyright Law does not provide for a performance right for sound recordings. ; However, legislation was enacted in 1995 that now gives owners of sound recordings a limited performance right in “digital transmissions.”  The new legislation is very complicated and was written to address the seemingly narrow issue of digital transmissions, (traditional broadcasts are currently exempt).  The legislation may have far-reaching effects when music is distributed via phone or cable lines, or as traditional broadcast media migrate to digital platforms.

REPRODUCTION RIGHTS: A music publisher has the right to control the reproduction (recording) of a musical composition.  Reproduction Rights are referred to, in television and film production, as “synchronization rights” because the musical composition is recorded on a soundtrack in synchronization with visual images.  ”Sync rights,” as they are called, should not be confused with so-called “mechanical rights,” which refer to the reproduction of songs on audio CDs, records or tapes for distribution to the general public.

Record companies also have the right to control the reproduction of their recordings.  A license to reproduce a record in an audio/visual work is generally referred to as a “master use” license.

ADAPTATION RIGHTS: A copyright owner has the right to control the alteration or adaptation of musical compositions including arrangements, parodies, comedic uses, lyric changes, translations, etc.  If a composition is to be used in an adapted form, specific permission may be required directly from the copyright owner.  Some copyright owners, while open to the use of their material as it was originally written, may not grant permission for adaptations.

The way in which a song is performed or used will determine the applicability of these various rights.  The media in which distribution is planned (broadcast television, home video, feature film, etc.) will significantly affect how these rights are negotiated, with whom they are negotiated, and the amount of the license fees.

9. From whom are these music rights obtained?
The previously mentioned rights are generally not handled at one source, but instead, are often licensed individually by separate parties.  For certain rights, one may have to deal directly with the songwriter, the songwriter’s heirs, attorneys, publishers and agents or performing artists, record companies and unions.

MUSICAL COMPOSITIONS: Public performing rights for television broadcasts have traditionally been the responsibility of the broadcasters of television programming.  Networks, local stations, cable programming services and cable system operators secure these rights from the music performing rights organizations which represent composers and publishers.  In the U.S., those organizations are the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC.  Pursuant to the U.S. Government’s Consent Decrees with ASCAP and BMI, broadcasters have the choice of securing either a “blanket” or “per program” license.  In either case, a broadcaster may use any or all of the songs in the ASCAP/BMI catalogues.  Under the per program license, however, a broadcaster pays a performing rights society only for the programs that contain music licensed by that society.  Performing rights licensing for media other than broadcast television, such as feature films, non-theatrical and non-broadcast distribution, are generally secured directly from the copyright owner.

Synchronization rights and the right to adapt a musical composition are generally obtained by approaching the owner directly.  Some music publishers, while retaining the function of quoting the fees and approving the uses, prefer to have licenses prepared and executed through an intermediary organization (e.g., The Harry Fox Agency, Inc.), which they retain to license those rights on their behalf.

Often, in the case of popular songs, the songwriter may own the copyright, and designate an attorney, accountant, manager, girlfriend or other representative to handle licensing for television or film use.  If several parties own a composition, each may have to be contacted.  If a writer is deceased and his rights have passed on to his heirs, the process can become even more difficult.

RECORDINGS: Record companies generally control and license their recordings themselves; however, in some instances, the prior approval of the performing artist may be required.  A master use license may also contain provisions requiring the user to pay any fees required pursuant to the record company’s collective bargaining agreements with the performer’s unions.

A producer working in television, film or music video, has no reason to personally keep track of the ownership and representation of the thousands of protected compositions and recordings that may be available.  One who did would face the basic problem of where to start, with whom to talk, what paperwork to do, and how to negotiate the license fees in accordance with current industry standards.  All of this takes a great deal of time, even if the basic information is readily at hand.

10. What is a music cue sheet and why is it so important?
A music cue sheet is a document that lists all of the music contained in a production including the title, composer(s), publisher(s), performing rights affiliation, and use and timing of each musical cue.

The cue sheet functions like an invoice that is used by all parties in the music licensing process to determine the amount of royalties to be paid for the public performance of the music contained in the program, and to whom those royalties are paid. For example, many broadcasters require copies of cue sheets for the television programs they broadcast in order to calculate the fees they must pay to ASCAP and BMI.  Without the timely receipt of music cue sheets, they may not have access to the information necessary to correctly calculate the full amount of the license fee that would otherwise be due — resulting in a loss of income to composers and music publishers.  Moreover, ASCAP and BMI use a cue sheet to identify the composers and publishers entitled to receive royalties and to calculate the share of royalties they receive.  The flow of music publishing royalties should be of vital concern to the producer if musical cues composed for the production are owned by the producer.

The timely delivery of an accurate music cue sheet has always been a requirement in most production/distribution/station license agreements.  Practically speaking, the music cue sheet is also a delivery requirement for music publishers and record companies whose materials have been used in the production.  The practical effect of not creating an accurate music cue sheet and delivering it to the proper parties may be a breach of various production/broadcast agreements and/or synchronization licenses, and may result in composers and publishers not receiving the royalties they are due.

11. To where should music cue sheets be sent?
For all of the reasons listed in question 10, producers should send cue sheets to the following organizations:

MRI (Music Reports, Inc.)
21122 Erwin St.
Woodland Hills, CA  91367
Phone: (818) 558-1400

ASCAP
One Lincoln Plaza
New York, NY  10023
Phone: (212) 595-3050

BMI
320 W. 57th Street
New York, NY  10019
Phone: (212) 586-2000

12. Can a copyright owner prevent music from being used?
Yes. The owner of a musical composition or recording can, except in very limited situations, restrict or deny permission for its reproduction or adaptation.  In certain circumstances, the performing rights organizations also allow an owner to restrict the public performance of musical compositions that are normally subject to blanket performance clearance.  Some popular music, freely broadcast on radio or used in nightclub performances, may be blocked from use on commercial television or in motion pictures.  The Copyright Law leaves the final decision up to the owner or owners of the work.

13. What happens if a song is used without clearance?
If the copyright owner never knows — nothing.  However, if the matter is discovered by the copyright owner, the producer of the project, and any broadcaster or distributor, may be held liable for copyright infringement as well as other actionable claims.  Under the Copyright Act, an infringer may be liable for both the damages sustained by the copyright owner, and the producer’s profits resulting from the unauthorized use of the music.  Even if the copyright owner cannot show what the damages or the producer’s profits are, he can still be awarded substantial statutory damages as provided for in the Copyright Act.

The producer may face an injunction, an out-of-court settlement with the copyright owner, or the task of going back to the finished program and making extensive changes to remove the uncleared material.  A producer with a completed project from which release prints or dubs have already been made, may find himself incurring costs many times what the original clearance and license fees might have been.

Quite recently, several “watchdog” operations have been formed to monitor use of music in all media on behalf of composers, publishers, record companies and artists.  Additionally, both ASCAP and BMI have increased their viewing of television programs and monitoring of music cue sheets in order to determine their accuracy, and resolve questions involving performing rights payments to composers and publishers.  This, of course, only increases the chance that someone may find out – particularly if the project is successful.

14. What about old songs?  Aren’t these songs in the public domain, and free to be used without restrictions?
There is a certain amount of music for which all copyright protection on a worldwide basis has lapsed.  Some musical material that may be in the public domain in the United States, may still be protected in other countries.  Failure to obtain proper international copyright clearance may severely limit exploitation of the project.  With the changes in the U.S. Copyright Law that became effective January 1, 1978, some older material has had its protection extended, and worldwide rights issues have become even more complicated.

If you plan to use public domain material, you must be sure that ANY arrangement created for your use is based on the original public domain version, and not on a subsequent copyrighted or protected version which would require additional clearance.

Actual clearance of the material should still be carefully undertaken to insure its public domain status and to comply with Errors and Omissions insurance procedures.  It can take as much time and expense to determine whether a composition is in the public domain as to clear one that is not.

15. How long can music be protected by copyright?
Generally, music created after January 1, 1978, will be protected by copyright in the U.S. for a period of fifty years after the death of the last surviving writer.  ”Works made for hire” (created by employees or independent contractors) are protected 75 years from publication, or 100 years from creation, whichever is less.  For songs written before January 1, 1978, the term of protection will last for a total of 75 years from the end of the year the copyright was originally secured. As of this writing, there is legislation pending in Congress that would, if enacted, extend the term of copyright protection in the U.S. by an additional 20 years.

Remember that foreign laws may provide for different copyright terms (life plus seventy years), and may have to be verified on a country-by-country basis.  Moreover, as a result of the recently implemented General Agreement on Tariffs and Trade (GATT), certain works, which were previously in the public domain, have had their copyrights restored.

Also, the fact that a musical composition does not contain a copyright notice does not mean that it is in the public domain.  When the United States became a member of the Berne International Copyright Convention (in order to increase foreign protection for domestic works), our copyright law had to be amended to eliminate the requirement of a copyright notice as a prerequisite for copyright protection.  While a copyright notice is still required in order for a copyright owner to be entitled to certain remedies for infringement, it is not required in order for a work to be protected.

16. May I use eight bars of a song without paying for it?
NO! This is one of the most common misconceptions regarding music and its protection under U.S. Copyright Law.  Any unauthorized use of material that is recognizable as having come from a copyrighted source is a potential infringement of copyright.

17. What is “fair use”?
There is an exception to the exclusive rights of copyright owners called “fair use,” which permits the limited use of copyrighted material in special circumstances without requiring an owner’s consent.  In theory, the public interest in the dissemination of ideas and information is served when the use of music for such purposes as criticism, comment, news reporting, scholarship, teaching, etc., is freely permitted.  Parodies of material for humorous effect or social commentary are usually treated under the same principles.  HOWEVER, caution in the area of parody is strongly recommended.

The U.S. Copyright Law lists the factors which must be considered in each case of a claimed “fair use.”  These factors include:  1) the purpose and character of the use; 2) the nature of the work; 3) the amount and substantiality of the portion used; and, 4) the effect of the use on the potential market for, or value of, the work.  Although the laws of certain foreign countries contain concepts similar to the U.S. doctrine of fair use, they are not necessarily the same.  Therefore, a fair use in the U.S. could be a violation of law or an author’s moral right of integrity in foreign territories.  Since there are no clear and definitive guidelines, it is difficult to determine in advance what may or may not be a permissible “fair use.”

A detailed discussion of what constitutes “fair use” is beyond the scope of this booklet.  However, if you are faced with a question of this nature, it would be prudent to contact your attorney or music clearance service.

18. May the title of a song be used as the title of a program?
While titles are not protected by copyright law, they may be protected via other legal doctrines.  Use of the title and story line of a song may involve the clearance of dramatic performing rights, or require negotiations similar to those required for the acquisition of rights in a literary property.  For protection, your attorney should advise you as to whether the title may be freely used, or if specific permission should be obtained from the owner of the musical composition.

19. Must a license be secured if song lyrics are spoken in dialogue?
The copyright in a song protects the lyrics as well as the music.  Therefore, if an identifiable part of a song lyric is used in dialogue, a license may have to be secured in order to avoid potential liability

20. May lyrics to an existing song be changed without permission?
Changes made to the copyrighted lyrics of the song, including what may appear to be only minor changes, usually have to be cleared by obtaining specific permission from the copyright owner.  This may even apply to the translation of the original lyrics into a foreign language

21. If a song is cleared for one episode of a television series, may it be used in other episodes without additional permission?
No.  Licenses are normally granted on a show-by-show basis.  Specific permission is required for use in multiple episodes of a program.  In addition, a new episode containing clips from previous episodes will usually require additional licenses for the music contained in the clips.

22. Is it necessary to clear music that is to be used in commercials?
Yes.  In order for copyrighted music to be used in the advertising of products and services, the entire procedure for clearing music must be followed.  Popular songs are frequently changed or adapted to fit the product or service being promoted.  Accordingly, specific permission for use must be obtained from the copyright owner, based upon the markets and media to be exploited.

23. May records or compact discs be used on a television show?
Be careful.  This is a complex and gray area of both law and practice.  Some use of records on television teen dance shows, for instance, has been permitted by record companies because the use is considered promotional.  Other uses of records in television, home video, and motion picture productions may require permission in advance from any number of involved parties, including the music publisher, record company, artist, performers’ unions, etc.

Commercial phonograph recordings made and released after February 15, 1972 are eligible for federal copyright protection.  Recordings made prior to that date, though not copyrightable, may still be protectable under state anti-piracy statutes and other legal theories.

24. If a license is obtained to use a film clip from a television program or feature film, will that license include the right to use the music contained on the clip?
Be careful.  This is a complex and gray area of both law and practice.  Some use of records on television teen dance shows, for instance, has been permitted by record companies because the use is considered promotional.  Other uses of records in television, home video, and motion picture productions may require permission in advance from any number of involved parties, including the music publisher, record company, artist, performers’ unions, etc.

Commercial phonograph recordings made and released after February 15, 1972 are eligible for federal copyright protection.  Recordings made prior to that date, though not copyrightable, may still be protectable under state anti-piracy statutes and other legal theories.

25. If a record company issues a license to use a music video clip, will further clearances be required?
The use of so-called “promotional” music videos of performing artists raises a number of music licensing issues.  As with other programs, the proper licensing of the musical composition contained in a music video may require public performance rights and synchronization rights.  In addition, “dramatic” performing rights may be required if the video is telling the story of the song.

A producer wishing to use a music video clip in his program must first determine which of the above music rights, if any, have been granted to him by the licensor of the music video (usually a record company).  Music videos are typically licensed with the user being responsible for all third party licensing obligations, including payments to the music publisher, and payments required to be made pursuant to the collective bargaining agreements of any performer’s unions.

If the performing artist has written the song and owns or controls the publishing rights, the record company, by virtue of its agreement with the artist, may be able to grant a license for promotional use of the music.  However, if the performing artist has no royalty or ownership interest in the song, the record company may not be willing to assume the responsibility of securing or granting synchronization licenses for your purposes.

Since most record sales occur in the first 90 days of distribution, there is an issue as to whether use of a music video in a program intended to be distributed for a period substantially longer than 90 days, would be considered promotional or commercial.  The more the use is considered to be commercial, the greater the likelihood that publisher clearance will be required, along with possible payment to the record companies for continued use of the music video itself.

26. Is a synchronization license required for the first U.S. network broadcast of an original live or taped television program?
Generally, no!  However, the law in this area is restrictive and unclear, and the answer to this question may depend on a number of factors.  The Copyright Act entitles a transmitting organization (e.g., a network, local station, or cable programming service) to synchronize musical compositions and recordings in a program, and to repeat that program or delay its broadcast for a period of six months, as long as the broadcaster has a license to perform the musical composition.  However, U.S. network broadcasts that occur more than six months after the first network run, and syndicated broadcasts, usually require full music rights clearances.

Therefore, a program that will run for less than a six-month period on U.S. network television, and which has no value in syndication, may not need synchronization licenses for the music.  If a program will be broadcast for more than six months, distributed in syndication or aired outside the U.S., a synchronization license will almost certainly be required.  Even if no synchronization license is required, all other rights, such as performance and adaptation rights, must be cleared.

The safest practice may be to seek knowledgeable advice and/or clear the synchronization rights through an experienced music clearance service.

27. What do music copyright owners charge for home video rights?
As with all licenses, copyright owners can charge whatever they think the market will bear. Generally, they may require: 1) a flat fee or royalty per unit sold; 2) a pro-rata percentage of the wholesale or retail sales price; or, 3) a combination of both. These royalty arrangements usually require that the producer account to the copyright owners on a quarterly or semi-annual basis. In addition, copyright owners may seek non-recoupable fixing fees (one-time flat fee payments similar to synchronization fees), recoupable advances, or sometimes both.

It is also common (particularly with feature films, non-theatrical/educational programs and programs using very little music), to work out arrangements similar to flat fee licenses or “buyouts,” thereby avoiding costly accounting procedures. However, some copyright owners may not agree to such license terms.

There is an additional question as to whether a music publisher can or will issue a worldwide home video license. This must be answered on a song-by-song basis, and will depend on the arrangements between the domestic publisher and its representative (sub-publisher) in each foreign territory. In some cases, the right to grant licenses and collect royalties may have been contractually transferred to the sub-publisher in each territory. If this is the case, the producer may have to deal with the respective sub-publisher or collection society in each territory in which distribution is planned

28. How are feature films licensed?
In feature films, music rights, whether for a song or a recording, are usually licensed worldwide for duration of copyright, on a flat fee basis. This is partly because of the tremendous investment required to make a feature film, and the complicated contractual arrangements involved in feature film distribution. Unlike other types of productions for which rights may be licensed on a medium-by-medium basis, the producer of a feature film will usually secure a very broad grant of synchronization rights for theatrical, television, non-theatrical, home video and other rights, so that the film can be exploited in all possible media existing now or in the future.

For anti-trust reasons, the performing rights organizations are not allowed to collect performing fees from motion picture theaters in the U.S. Therefore, a producer must also secure a United States theatrical performance license directly from the music publisher or its agent when securing a synchronization license for a musical composition.

Feature film producers must pay particular attention to the way home video and new media rights are acquired, as the major studios and distributors strongly resist paying any kind of continuing home video music royalty. There are well-known cases where studios have required producers of feature films in current theatrical release, to delete, prior to home video distribution, material which carried a royalty obligation.

29. How is music licensed in religious programs?
The licenses that television stations secure from the performing rights organizations include the right to broadcast religious programs that contain copyrighted musical compositions. These licenses are required even if the programs emanate from a place of worship.

However, a non-profit organization producing the broadcast generally does not need a synchronization license to record and make copies of a program that includes songs of a religious nature (or sound recordings of such works), as long as there is no charge for the distribution of copies, and only one transmission is made by each station. However, synchronization licenses must be secured for the use of secular songs, even if they have an underlying religious theme. Even songs of a religious nature would require clearance if the program were repeated by a station.

30. How much will it cost to clear a song for use in my television or film project?
This depends on a number of factors, including the length of the song, whether it will be performed “on camera” or as background music, etc. A key element of the cost will be the intended distribution of the program. Many television producers can get by with a one-, three-, or five-year synchronization license for just the United States; others need more extensive worldwide rights and/or longer distribution terms. A license for free television only, will generally be less expensive than a license for all forms of television distribution. Feature film producers must make sure that they obtain perpetual worldwide motion picture rights, as well as television rights for eventual domestic and foreign syndication, home video and other “new“ media.

The new technologies, such as CD-ROM, the Internet, and digital video disks (DVDs), have complicated the matter even further, and the rights for these areas are frequently obtained on a medium-by-medium basis. There is no established pattern for these fees, as they vary from song to song, and must be computed separately for each project’s specific rights and releasing requirements.

31. What is a needle drop?
This refers to the use of a single portion, or “cue,“ of an existing recording (placing the needle down on the recording and then lifting it), in synchronization with filmed or taped images.

If a needle drop or “cue“ from a commercially-produced popular recording has been used, one must deal with all of the normal clearance requirements discussed in this booklet with respect to the song, the recording of the song, the recording artist and the performer’s unions.

There are organizations known as “production music“ libraries that provide commercially-produced recordings specifically for background broadcast and film use at a variety of reasonable license rates. Most production music libraries have reporting requirements which can be satisfied by filing a music cue sheet with the performing rights societies, or informing the library of the use. The libraries will usually issue one license that includes rights for the musical composition and the master recording. Some production music companies include so-called “sound-alike“ recordings of popular artists in their libraries. Remember that if such recordings are used, the producer must still secure a license from the publisher of the song. A producer that is a union signatory company must be sure to use caution, as some production music may not comply with union requirements.

32. What happens when licenses expire?
If the right to use music contained in a program has been granted for a limited period of time (e.g., five years) or for limited media (e.g., free television only), the licenses will have to be renewed or expanded if continued or additional exploitation of the program is contemplated. Broadcasts of the program beyond the license period or media may constitute an infringement of the music copyrights. This is seldom an issue in feature films, where music is traditionally licensed in perpetuity.

Because of recent legislation, court decisions and business practices, it may not be a simple matter to renew all old licenses. It is also possible that the copyright owner who originally granted the license may no longer control the music. Also, there are well-known cases where composers and publishers of popular songs have refused to renew expired licenses, or have charged exorbitant fees for license renewals.

It may be possible to negotiate perpetual licenses for all media at the time of initial licensing. However, the price charged by the copyright owner may increase significantly over the normal price of a limited term or limited media license.