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How to Get Your Songs Used in
Movies, TV, and Commercials
Unannounced Bonuses – Get ‘em Now!
Before The pages Expire.
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Writing music for commercial purposes like films, television, and advertising can
be a great way to get your music out there and also make some money at it.
Here are some ways to be successful, with advice and stories from pros in the
business.
MOVIES
Here are suggestions from ASCAP, with advice from Jeffrey Brabec and Todd
Brabec.
TODD BRABEC is Executive Vice President and Director of Membership for the
American Society of Composers, Authors and Publishers (ASCAP). JEFF
BRABEC is Vice President of Business Affairs for The Chrysalis Music Group
where he specializes in evaluating, analyzing, and negotiating music publishing
acquisitions as well as negotiating movie, television, video, new technology, and
advertising commercial licensing agreements for chart writers/recording artists.
Whether the score is dramatic, soothing, romantic, comedic or foreboding,
it is an integral part of the fabric of any motion picture.
INTRODUCTION
Music in the movies is an essential element of the filmmaking process and is one
of the main factors that helps to determine box office success or failure. Think of
a motion picture without music - whether it's an orchestral or synthesizer score, a
brand new hit song or a long time standard - and you'll begin to realize the value
and contribution of music and lyrics to film. And whether you're a producer, a
director, an agent, a composer, a songwriter, a studio executive, a music
supervisor, a business affairs executive, or anyone involved in film, or who wants
to get involved.
THE FILM BUSINESS
Most feature films are produced either by the major Hollywood studios or by
hundreds of U.S. and foreign independent production companies. The
independents range from major companies just below the rank of the well-
financed, all-purpose studios, to medium and small continuing companies, to
firms that fold up their tents after just one production.
Filmmaking costs have skyrocketed in recent years. The average cost to
produce, market and advertise a film in today's industry is in excess of $75
million versus a 1980 figure of $16 million. Out of necessity, films are now
financed in a variety of complex ways including major studio backing, joint
ventures, outside private or public investors, limited partnerships and pre-sales of
ancillary and distribution rights, among others. Regardless of how a film is
financed, though, all parties involved normally have a good idea of the principal
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revenue-producing areas from which their investment will be recouped and, they
hope, a profit made. They usually are also familiar with the various stages of
production which ultimately lead to the release of a finished motion picture.
Though the stakes are high, the returns for a blockbuster hit can be monumental.
In 1976 only one film had generated over $100 million in U.S. and Canadian box
office receipts; by 2000, close to 200 films had reached the $100 million mark.
Considering also that foreign markets can equal or surpass the U.S. and
Canadian gross (the film Titanic grossed over $1.8 billion worldwide, with Star
Wars: Episode I-The Phantom Menace at $920 million), the profit potential for a
hit can be astronomical despite the high cost of producing a film as well as the
odds against box office success. Blockbusters aside though, there are many
thousands of films produced each year worldwide which do well, make money,
and create income opportunities for composers and songwriters, both in the initial
year of release and for many years afterward.
THE MARKET
The initial market for any film is the exhibition in U.S. and foreign motion picture
theaters. Films are then released as DVDs, video cassettes and laserdiscs for
purchase and rental, with subsequent sales to pay-per-view, to pay cable
services (HBO, Showtime, Disney, The Movie Channel, etc.), to the television
networks (ABC, CBS, NBC, FOX, etc.), to local television stations or basic non-
pay cable services (USA Network, Lifetime, etc.) and to foreign television and
cable stations. Soundtrack albums and singles are also often released with many
of them becoming major chart hits, in turn creating additional income from such
ancillary sources as U.S. and foreign performance income from radio, television,
cable and theater performances, worldwide mechanical royalties from tape and
CD sales, download and streaming royalties and commercial advertising fees,
among many other sources.
TYPES OF MOTION PICTURE MUSIC
Motion picture music falls into three basic categories: underscore (James
Horner's score to Titanic, John Williams' score to E.T.,or Randy Newman's score
to Toy Story 2); the pre-existing song or song and original master recording
(Bruce Springsteen's "Hungry Heart" for The Perfect Storm, Steve Miller's "Fly
Like An Eagle" for Space Jam, the Guess Who's "American Woman" in American
Beauty); and the song written specifically for the film (Diane Warren's "I Don't
Want To Miss A Thing" for Armageddon, Phil Collins' "You'll Be In My Heart" for
Tarzan and Harold Arlen's and E.Y. Harburg's "Over The Rainbow" for The
Wizard Of Oz.)
Each of these three distinct types of music in film involve very different
negotiations, contracts and considerations and produce very different backend
royalties once the film is released.
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THE PRE-EXISTING HIT SONG USED IN A FILM
Most successful motion pictures use hit songs to create a period flavor, establish
a mood, give an actor a chance to sing, make people laugh, make people cry,
elicit emotions, and create interest in the movie through successful soundtrack
albums and hit singles. A film producer who wants to use an existing song in a
motion picture must secure the permission of the music publisher to use the
composition in the film. Once an agreement is reached as to a fee, the producer
will sign what is known as a synchronization or broad rights license, which will
give the studio the right to distribute the film theatrically, sell it to television, use
the song in motion picture theater trailers or television and radio promos, and sell
videos. The synchronization fee received by the music publisher is shared by
contract with the songwriter.
Determining How Much To Charge For A Song.
When the call comes in from the music supervisor of a motion picture, there are a
number of factors that must be considered in determining how much to charge
for the inclusion of a song in a film, including:
• How the song is used (i.e. vocal performance by an actor on camera,
instrumental background, vocal background)
• The overall budget for the film, as well as the music budget
• The type of film (i.e. major studio, independent, foreign, student, web)
• The stature of song being used (i.e. current hit, new song, famous
standard, rock n' roll classic)
• The duration of the use (i.e. one minute, four minutes, 10 seconds) and
whether there are multiple uses of the song
• The term of the license (i.e. two years, 10 years, life of copyright,
perpetual)
• The territory of the license (i.e. the world, the universe, specific foreign
countries)
• Whether there is a guarantee that the song will be used on the film's
soundtrack album
• Whether the producer also wants to use the original hit recording of a
song, rather than re-recording a new version for use in the film
• Whether the motion picture uses the song as its musical theme as well as
its title
Actual Fees Paid For Existing Songs.
The synchronization fees charged by music publishers for major studio films are
usually between $15,000 and $60,000 (with the majority ranging from $20,000 to
$45,000) but can be lower if the music budget is small or higher if the song is
used several times in the motion picture, if the use is under the opening or
closing credits, if the song is a major hit, or if it is vital to the plot or particular
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scene of the motion picture. There are no hard and fast rules in this area as the
fees are negotiated in the context of each individual film; the same song may be
licensed at very different rates for different projects (i.e. major studio release,
independent film, foreign film, film festival license only, web production, or
student film).
It should also be mentioned that record companies normally charge between
$15,000 and $70,000 for the use of existing master recordings in a major studio
film but, depending on the stature of the artist, the length of the use, the music
budget and how the recording is being used, these fees can be greater or less.
Opening And Closing Credits.
Because the songs used over the opening credits of a motion picture many times
reflect the theme or ambiance of the film, they are many times more important to
the film than other songs used for background. The same is often true for use of
a song over the end credits, although it is becoming more common for many
songs to be run during the closing credits in order to complete the requirements
for a soundtrack album. The fees charged by publishers are almost always
higher than other uses of music in a film and usually range from between
$30,000 to $65,000 for synchronization and video rights, but each negotiation
and final price depends upon many of the factors mentioned earlier (i.e. budget
of the film, music budget, importance of the song, whether there are replacement
songs available, etc.). If the title of one of these opening credit songs is also used
as the title of the film (but the film's plot is not based on the story line of the song)
the fees are increased further (i.e. from $75,000 to over $500,000).
Trailers and Advertisements.
As previously indicated, the synchronization license usually grants the producer
the right to use all music in the film in theatrical trailers (previews of upcoming
films which are shown in movie theaters) as well as in television and radio
promos. An extra fee is charged for promos which use the song out of context
(i.e. when the song is used throughout the entire commercial over many scenes,
as opposed to just in the scene in which it actually occurs).
Deferred Payments.
On occasion, producers of documentaries, lower budget films or films which have
substantially exceeded their production budgets at the time music is being
selected will ask a publisher to reduce its up-front synch fee for a song and, in
return, guarantee an additional payment or payments at some time in the future if
the motion picture turns a profit or exceeds certain agreed-upon gross or net
dollar plateaus.
Student-Produced Films.
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Because student-produced films have limited chances for commercial success
and small budgets, many music publishers will license their songs for
substantially reduced fees. In such cases, most publishers recognize the
importance of assisting young filmmakers, since they are an integral part of the
future of the entertainment industry. Songs will sometimes be given to these
young producers via a limited license for free or for a nominal cost so that their
projects will be realized and their careers advanced. Most publishers, however,
will provide that if the project has any type of commercial success or secures
more than just film festival or art house distribution, an additional fee or fees will
be paid; a proviso which not only helps young producers get their projects off the
ground but also ensures adequate compensation to the publisher and songwriter
for their generosity if the film realizes national distribution or achieves some kind
of financial success.
Multiple Uses Of A Song.
If a producer uses a song more than once in a motion picture (i.e. over the
opening credits and in two scenes of the film), the fees charged by music
publishers will be higher than if the song is only used once. The importance of
the song to the plot development or movement of the film (i.e. if it becomes a
signature song for an important character) can also be a factor that raises the
price.
Lyric Changes.
Occasionally a film producer will request permission for a lyric change in a song
which will either be re-recorded for the film or sung by one of the characters in
the motion picture. When such a request is received, a music publisher should
ask for a copy of the new lyrics, a plot summary of the film, and a scene
description including script pages so that it knows exactly how the song will be
used before making a decision. A publisher may have certain restrictions in its
agreement with the songwriter (i.e. all changes in the English lyrics to a
composition must be with the approval of the writer), that require additional
consents from the songwriter or his or her estate.
Duration Of License.
The term of the license is virtually always for the entire copyright life of the song
unless the film is a documentary or other noncommercial film intended for only
limited theatrical release.
Rights Granted To The Film Producer.
The motion picture synchronization fee paid to the music publisher (which is
shared with the songwriter) for the use of a song includes the right to distribute
the film to network, local, syndicated, pay-per-view, pay, satellite, cable and
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subscription television stations; the right to show the film in motion picture
theaters in the United States; and the right to include the song in trailers,
previews and advertisements of the motion picture.
Foreign theatrical distribution rights (i.e. the right to show a film in motion picture
theaters outside the United States) are also given to the producer, but such rights
are subject to the payment of performance fees by theaters to the various
performance rights organizations in countries outside the United States.
Territory.
The territory of the license is normally the universe or world but, in the case of
certain television miniseries, made-for-TV movies, and weekly series that are
broadcast on television in the United States and shown as a feature in foreign
theaters, the territory may be for the universe or world excluding the United
States.
Limited Theatrical Distribution.
Depending on the nature of the film (normally in the case of documentaries or art
films which do not have mass market appeal), the license may be for a limited
duration and apply to the distribution of a film on a limited theater engagement or
"film festival" basis. Fees for this type of license are less than those charged for
commercial theatrical features with wide distribution. In many cases, the
producer will also have the option to theatrically distribute the film on a broader
basis for an additional fee and put it on home video for another prenegotiated fee
- important rights if a film is well received or receives an award from an important
film festival competition and goes into national distribution. For example, a "film
festival" license may give the producer the right within 18 months after the initial
showing of the film to extend the territory and the duration of the license for an
additional fee.
New Multimedia Uses.
The grant of rights clauses with respect to new media are somewhat negotiable,
with some film companies providing for a good-faith negotiation provision as to
"not currently in existence new technologies" or "new technologies not currently
widely available;" other companies being amenable to an increased fee for the
addition of new technology uses; some companies adding a set, non-negotiated
dollar amount to the license fee, which will cover new technology uses; and still
other companies negotiating the inclusion or non-inclusion of such language and
the corresponding fees on a case-by-case basis.
Soundtrack Album Guarantees.
On occasion, a music publisher will reduce the motion picture synchronization
fee for a song if the producer guarantees that the song will be on a soundtrack
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album released by a major label. Sometimes there are even guarantees of an "A"
side single release, but these usually occur only when a successful recording
artist on a major label records the song for the film. In this case, the publisher
may give two price quotes; a higher figure if the song does not make the
soundtrack album or if an album is not released and, because of the possibility of
additional ancillary album income, a lower quote if the soundtrack provision
actually takes effect. For example, if a publisher gives a $25,000 quote for the
use of a song in a film, it also might agree to reduce the price to $22,000 if there
is a guarantee of a nationally distributed soundtrack album and may even further
reduce the fee if the song becomes an "A" side single from the album.
THE SONG WRITTEN FOR A FILM
Most songs written for films produced by the major film studios and production
companies are by professional writers living in or near the major film producing
capitals of the world (Los Angeles, New York, Toronto, London, etc.). Many of
these writers are also recording artists or record producers. Because of the tight
time limits of film production and release dates as well as the amount of money
invested in films, film producers look for professional and disciplined writers who
many times can also produce and record the song for the film. They are almost
always hired on a non-exclusive basis whereby the writer can work on other
projects during the term of employment with the film studio. Most writers, before
they start writing, will be given a description of the film as well as what the song
will be about as well as where the song will be in the film.
The Contract.
When a producer hires a composer or lyricist to write a song for a film, the
compensation as well as the rights of all parties are set forth in a commissioning
agreement. These contracts typically state that the producer employs the
composer or lyricist to write a song within a stated period of time in accordance
with certain ideas and instructions supplied by the producer. A due date for a
demo record is set forth in the agreement, and the producer almost always
reserves the right to make any changes. Upon delivery of the song, the writer
receives an initial fee (for example, $25,000 for a song; $2,500 for the lyrics) as
well as a guarantee of additional future compensation in the form of songwriter
royalties which are contained either in the body of the agreement or attached as
a separate schedule (i.e. 50 percent of mechanical income earned from record,
tape and CD sales; a set rate for sheet music; 50 percent of any synchronization
income from the uses of the song in a television series, other motion pictures, or
advertising commercials, etc.). The writer also normally receives screen credit for
the composition. In consideration for the writing fee, the writer usually grants all
rights to the producer (with the exception of his or her share of royalty income)
under an employee-for-hire or work-for-hire contract.
Writer Services.
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The songwriter is employed by the film producer to write a new and original song
(or songs) for the motion picture entitled (Name of Picture). The contract will
specify whether the writer is being hired to write a complete song or to provide
lyrics to new or already composed music. In some cases, the contract will be a
joint agreement between the producer, the composer of the music, and a
separate lyricist. The "work" shall be written in accordance with such ideas and
instructions as producer may supply to the composer and lyricist and shall be
suitable, in producer's opinion, for use in the film. A delivery date for the song
and/or the master recording will be set with acceptance of the song conditioned
on the sole discretion of the producer.
Writing Fee.
The writing fee will be negotiated depending upon whether lyrics, music or both
are being contracted for as well as whether a producer and artist is involved.
Some of the main considerations as to the amount of the fee are the nature of
the production (major studio release, independent studio feature, film festival
release, student film, etc.), the stature and past success of the writers, the music
budget, the type of use (visual vocal, background, etc.) and the experience and
clout of the agent involved. Fees can range from below $1,000 to over $100,000
for a song with additional monies due for a master recording.
If the writer is a record producer or an artist, the fees will normally be separated
according to the different aspects of the services (i.e. $120,000 payable $25,000
to write the song, $45,000 to cover the costs of recording and producing the song
and $50,000 as an artist advance against royalties).
Screen Credit.
Most song credits will appear in the closing credits of the film but some writers
negotiate single frame credit as well as a "most favored nations" credit whereby
no other song will receive more favorable credit size and placement.
Occasionally, a major writer/artist is able to negotiate a single frame credit in the
opening credits, but such placement is rare.
Ownership and Publishing.
The song will normally be specified as a "work for hire" with practically all rights
and publishing owned by the Producer. Most major studios and production
"companies" own their own publishing companies and assign the film songs to
these entities.
Some major writers are able to negotiate a retention of all music publishing or a
co-publishing deal with the studio or production company but this is the exception
rather than the norm. Also, some writers are able to get the song back (a
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reversion) from the studio if the song is not used in the picture, but again, this is a
matter of negotiation.
Grant of Rights.
The Grant of Rights provision is usually a very broad one and is similar to the
grant given in the composer underscore contract. For instance, a clause might
read "Composition is specifically ordered or commissioned by the Producer for
use as part of a motion picture entitled, ______, and is a "work made for hire".
Producer is the author and composer for all purposes and the owner of all right,
title and interest, throughout the world, for all purposes, without condition,
restriction or limitation subject only to royalty compensation as set forth herein".
Songwriter Royalties.
A list of all the standard songwriter royalties will always be made part of the
contract. This is so regardless of whether the contract is a "work for hire" or a
standard songwriter or songwriter co-publishing agreement. These include the
writer's share of performance, synchronization and mechanical income, sheet
music and folio income, digital download income, foreign income, etc. If the writer
is also the record producer of the song as well as the recording artist, artist and
producer percentage royalties will also be negotiated and set forth in the
contract.
Songwriter/Recording Artist.
There is a growing trend for film producers to contact songwriters who are signed
to exclusive agreements with music publishers to write a song or songs for an
upcoming motion picture. In most of these cases, the songwriter (who is usually a
recording artist) and his or her music publisher will give the motion picture
company a 50 percent interest in the copyright to the newly created composition.
In virtually all instances where the writer is a recording artist, the terms of the
soundtrack album will also be negotiated, including artist/producer royalties and
mechanical licensing arrangements.
In some cases, the film company will provide the writer with a demo budget so
that the producer will be able to hear the newly created composition with further
payments due upon delivery of the final composition to the film company and
inclusion in the motion picture. For example, the film company might pay the
writer to produce a demo recording and make an additional payment upon
completion of the composition and another payment if the composition is actually
put in the motion picture.
THE UNDERSCORE The Score.
The underscore, sometimes referred to as the background music score, is the
music that makes up the majority of music used in film. It is the music you hear
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under dialogue, in chase scenes, in romantic settings and throughout the picture.
Sometimes it is an orchestral score using the services of a 50 person orchestra;
other times it is a small chamber ensemble, or a solo instrument (i.e. a piano or
guitar), or created on synthesizers.
The Feature Film Underscore Contract.
The contract that a background scorer signs with a major studio or independent
production company is standard for almost all composers in some areas, yet
completely negotiable in others. Three of the primary factors affecting whether a
standard or nonstandard contract is finally settled upon are the stature and past
success of the composer, the size of the music budget, and the knowledge,
power and stature of the composer's agent negotiating the deal.
The basic areas covered in every motion picture underscore contract relate to:
• The types of services to be performed by the composer
• The length of time during which they are to be completed
• The fee for those services
• How that fee is to be paid
• Transportation and living expenses
• Screen, as well as all types of advertising credit
• The ownership of the copyright
• Composer and artist royalties for uses of the music outside of the film
• The handling of performing rights payments
The following clauses form the basis of any composer contract in the world of
movies.
Composer Services.
The scorer is hired to compose all of the underscore (and in some cases,
individual songs) for the film as well as to arrange and orchestrate the
score; to conduct an orchestra to record the work; to produce, supervise,
and edit the recording of the score; and to deliver the final, fully edited and
mixed master recording in accordance with the film's postproduction
schedule. Some composers will do everything themselves whereas others
will "farm out" some of the duties (i.e. orchestration, conducting, etc.).
Starting and Completion Dates.
As many composers are brought into the film shortly before the film is in post
production (the point at which the film has been shot and edited), the time to
compose and record the score is usually relatively short (for instance, 4 to 12
weeks) and depends on the post production schedule as well as release date of
the picture. In some circumstances, a major composer hired to score a big
budget picture will be brought in during the early stages of pre-production or
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shooting, but that is the exception. A sample contract clause might read
"Services are to be commenced on the "spotting date of the picture and
completed within 12 consecutive weeks from that date".
Composing Fees.
The composing fees paid to a feature film composer vary considerably
depending on the past success and stature of the composer; the amount of
music needed in the film; the type of music required; the total budget for the film;
the total music budget, including the cost for licensing preexisting outside songs
or master recordings; whether the film producer is a major studio, a major
independent, or a minor player in the film world; the size of the orchestra needed
to record the score; whether the composer is contracting to bear all or most of
the costs of music (a package) or only negotiating the composing fee; whether
the film is intended for wide distribution or only a limited release; the standard
fees paid by a particular studio versus the fees of other studios; and the skills of
the individuals on both sides of the negotiation fence--the studio and the
composer's agent. Depending on many of the above factors, composing fees can
range from $20,000 for a lower-budget film to in excess of $1,000,000 for a big-
budget studio release using the services of a well-known composer.
A sample clause might read:
$150,000 payable as follows:
$50,000 upon the signing of the contract or the commencement of
spotting (i.e., the composer, director, producer, film editor, music
editor and music supervisor watch the film and discuss where the
music should be).
$50,000 upon the commencement of the recording of the motion
picture score.
$50,000 upon completion of all composer services as well as
timely delivery of the master recording to the producer. The
master recording has to be acceptable to the producer.
Package Deals.
One of the considerations that dictates the amount of the fee negotiated in the
composer-studio contract is whether the composer is assuming responsibility for
all costs of his or her efforts (i.e., costs of musicians, recording, copying,
orchestrators, instruments and instrument rentals, cartage, payroll and payroll
taxes, etc.), or is solely contracting for composing and conducting services. If one
is contracting for the whole package, all items that the composer is agreeing to
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furnish (as well as all exclusions) should be specifically spelled out in the
contract. Some items that should be excluded include the licensing cost of any
music not written by the composer (outside songs), and any re-scoring or re-
recording costs required for creative reasons after the delivery of the master
recording that are outside the control of the composer.
Screen Credit.
The type and placement of screen credit for a composer is a negotiable item. A
separate card will usually read "Music by (the composer's name)." The credit can
be in the main titles and of the same size as the star, the producer, writer of the
screenplay, or director, or it can be at the end of the film in a size somewhat less
than the other principals. Most well-known composers are able to negotiate the
inclusion of their names in all paid advertising (newspapers, magazines, etc.) as
well as on soundtrack albums and all printed publications (sheet music, song
folios, songbooks, etc.).
Exclusivity.
Most film composer agreements state that the composer's services are exclusive
to the producer or company during the entire term of the scoring agreement or
exclusive during the recording and mix down of the score per the post production
schedule and non-exclusive during all other times. Other contracts state that the
services are non-exclusive but on a first priority basis.
Transportation and Expenses.
Many composers either live or have accommodations in the cities where the
primary movie production and recording facilities are located. For certain motion
pictures, though, the producer will require the composer to travel. A sample
clause might read:
"$1,500 a week while away from Los Angeles for hotel, meals, local
transportation, and phone (accommodations and expenses), as well as first-class
round-trip transportation for the composer and spouse."
Ownership of the Copyright.
Practically all composer underscore agreements are employee-for-hire or work-
made-for-hire agreements; that is, the musical score is created at the specific
request of and under the direct supervision of the film producer. For the all-
inclusive composing and services fee, the composer "grants to the producer all
rights, title, and interest throughout the world in perpetuity, in and to the work and
the recordings." By this grant, the producer owns the worldwide copyright for the
entire term of copyright protection. The typical grant-of-rights provision signed by
composers gives the studio the exclusive right to publish the composition, to
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make and sell sound recordings, to execute all licenses regarding the use of the
work, to change the work, to combine the work with other works, and to transmit
the work by any means now available or to be available in the future. This clause
is normally of the broadest nature possible, and it is not unusual to see in the
contract the inclusion of phrases such as "all other rights of any nature
whatsoever," "perpetual and unlimited rights," or "any rights throughout the entire
universe whether now or hereafter existing".
Under an employee-for-hire contract ("work for hire"), the producer (normally the
movie studio or production company) becomes the author pursuant to the U.S.
Copyright Law. Any specific rights to the music that the composer may retain
must be stated in writing and signed by all parties. The duration of copyright
protection for "works for hire" created on or after January 1, 1978 is 120 years
from the year of creation or 95 years from the year of publication, whichever is
shorter. The copyright duration for other types of works written on or after
January 1, 1978 is life of the author(s) plus 70 years. Through this grant, the
studio becomes the owner of all rights of copyright and is usually free to assign
or license those rights to others.
Composer Royalties.
The primary composer royalties, in addition to the composing and services fee
contained in most background composer contracts include all or most of the
royalties as set forth in the standard songwriter agreement including the right to
receive performance royalties, mechanical royalties, sheet music and folio
royalties, foreign royalties and synchronization royalties, among others. If the
composer is also the producer of the soundtrack album as well as the conductor
on the album, additional producer and artist royalties will be negotiated. For
example, a sample clause might provide 3% of the suggested retail price of a CD
(6% wholesale) as a producer and 7% of retail (14% of wholesale) as a
conductor with a pro-ration based upon the number of other "outside" tracks on
the CD.
Performing Right Society Membership.
For most film composers, performing right payments represent their main source
of royalty income. There is a performing right organization (PRO) in every major
country of the world with the largest in terms of revenue and royalties, ASCAP,
located in the United States. These PROs negotiate music license fees with the
users of music (television stations, cable, radio, web sites, live concerts, etc.),
collect those fees and then distribute them to writers and music publishers based
upon surveys of performances in different media. Practically all composer
contracts will have a clause requiring membership in a PRO. For example, "the
composer must be a member in good standing of a performing right society as
well as any other applicable labor organization, guild, or union that may have
jurisdiction".
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For composers who are members of societies outside of the U.S. (i.e. a writer
who is a member of PRS in the UK, or APRA in Australia, SOCAN in Canada,
SACEM in France, SIAE in Italy, IMRO in Ireland, GEMA in Germany, or SGAE
in Spain, etc.), they can choose on a per film basis who will represent them for
licensing in the U.S. The reason for this is that the U.S. is one of the few
countries which has multiple PROs, all of which are in competition with each
other. That is why it is important that foreign composers writing for film always
specify in their contracts what U.S. organization will represent them for the
negotiation, collection and payment of performing right payments for each film as
each U.S. PRO has entirely different payment schedules, both short term and
long term, as well as very different owners, philosophy and contracts.
Based upon agreements between societies, U.S. writers are covered for
performances of their works outside the U.S. just as foreign composers, by being
a member of a foreign society, are covered for U.S. performances of their works.
Finally, many contracts have clauses specifying what would happen to
performing right payments "if a broadcasting station (or other user) does not have
a current valid license agreement with ASCAP or BMI or if it becomes unlawful
for the performance right society to issue a license or if a station or producer
requires a direct or source license".
Disposition of the Score.
The producer has no obligation to accept the finished score, to use the score in
the picture, to promote or exploit it, to release it on a soundtrack album, or even
to release the picture. Further, the producer may request certain changes,
deletions, or additions to the finished score prior to accepting it.
Warranties/Re-Recording Restriction.
The warranty clause states that the composer is free to enter into the agreement,
that the music will be entirely original, that the composer's services and skills are
unique and of the highest caliber, and that he or she can grant all rights in the
music (including the copyright) to the film's producer. The composer will normally
submit a Certificate of Authorship to this effect. Under the re-recording restriction
clause, the composer agrees not to conduct, produce recordings, or re-record the
motion picture score for anyone else for a stated period of time (3 to 5 years
normally) commencing from the date of the delivery of the score and master
recordings to the producer.
Instructions and Requests of the Producer.
The composer agrees to comply with all of the producer's reasonable instructions
and requests, to compose the score to the best of his or her ability, and to
consult with the producer as to the style, content, and all other elements of the
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score. In addition, the composer agrees to meet with the producer or the
producer's representatives for approval of the recording budget.
Suspensions, Terminations and Force Majeure.
Scoring contracts will always have provisions dealing with what happens if a
composer is unable to, fails to or is unwilling to perform his or her duties (illness
or other disability, disagreements, etc.) as well as if the film company has to
interrupt the preparation, production or completion of a film due to reasons
beyond the producer's control - a Force Majeure (i.e. fire, war, labor dispute,
etc.). The rights of both the composer and the film company are specifically set
forth in the contract and can range from suspensions, to holding the production in
abeyance for a certain period of time to termination if the condition continues for
a specific period of time (i.e. a physical disability that lasts for 4 weeks or a labor
dispute lasting for 8 weeks).
Infringements.
In the event that any infringement or other claim is made against the producer or
the publisher in regard to the musical score, any monies payable to the
composer shall be withheld until a final determination.
MUSIC CUE SHEETS AND THEIR IMPORTANCE
After a motion picture has been produced and a final version has been edited,
the producer will prepare a music cue sheet.
The cue sheet lists:
• All of the music used in the film
• How the music was used
• Its timing in seconds
• The identity of the writers and music publishers
• Writers’ and publishers’ performing rights affiliation
• If pre-existing master recordings have been used, the identity of recording
artists and record companies
The cue sheet is the cornerstone of all royalty payments for a film. Considering
the amount of music used in most films, this cue sheet is usually completed
within 30 days after theatrical release, but depending on the producer and
available staff, it can be longer.
Some music cue sheets contain scene explanations and dialogue details, but
most cue sheets do not have specific scene reference points as to how and when
music is used in a motion picture. Most contain only chronological information on
the titles, writers, publishers, performance right membership, master recording
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information, timing (20 seconds, two minutes, etc.) and generic usage (visual
vocal, underscore, etc.) without detailed scene descriptions.
Since performing right organizations and other representatives of rights holders
use music cue sheets to determine how music is used, who owns the music and
how much in royalty payments are to be made when a film is aired on television
or shown in a theater, it is essential that a cue sheet be completed accurately.
Because a motion picture uses so much music in so many ways (underscore,
visual vocals, background vocals, background instrumentals, opening and
closing themes, etc.), it is not unusual for mistakes to be made on cue sheets,
whether it be a false timing, a mislabeling of a song’s use or an incorrect
identification of the writer and publisher and their performance rights affiliation.
By reviewing a copy of the cue sheet, the writer and publisher can correct any
inaccuracies before the producer distributes the cue sheet to performance right
and other organizations throughout the world. To this effect, many background
composer contracts specifically state that the composer will be involved in the
preparation of the cue sheet.
CUE SHEET
Film Title:__________________________ Production Company Name:
Version: Domestic Address:______________________
Running Time: 113.45 _____________________________
Expected Release Date: June, 2001 Phone Number:_________________
Director:___________________________ Fax Number:___________________
Distribution:___________________________ E-Mail Address:_________________
Cue Cue Title Entitled Parties Ownership Usage Timing
# (Composer/Songwriter/Publisher/PRO) Share
1 Film Company Henry Doe (ASCAP) 100% BI :10
Logo Film Co. Publishing Co. (ASCAP) 100%
2 Main Title John Composer (ASCAP) 100% BI 1:40
Theme Film Co. Publishing Co. (ASCAP) 100%
3 Beach Scene John Composer (ASCAP) 100% BI 2:45
Film Co. Publishing Co. (ASCAP) 100%
4 Existing Hit Jane Writer (ASCAP) 50% BV :35
Song John Writer (ASCAP) 50%
5 City Landscape John Composer (ASCAP) 100% BI 1:48
Scene Film Co. Publishing Co. (ASCAP) 100%
6 Song Written Jim Songwriter (ASCAP) 100% W :47
for Film Film Co. Publishing Co. (ASCAP) 100%
7 Existing Hit Joan Songwriter(ASCAP) 100% BV 1:15
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Song Outside Publishing Co. (ASCAP) 100%
(Master
Licensed
from___Record
Company)
8 Car Chase John Composer (ASCAP) 100% BI 2:24
Scene Film Co. Publishing Co. (ASCAP) 100%
9 Romance John Composer (ASCAP) 100% BI 3:22
Scene Film Co. Publishing Co. (ASCAP) 100%
10 End Title John Composer (ASCAP) 100% BI 3:30
Theme Film Co. Publishing Co. (ASCAP) 100%
Types of Use: Background Instrumental (BI), Background Vocal (BV),
Visual Vocal (VV), Visual Instrumental (VI), etc.
CONCLUSION
Scoring a film or having a song in a film can provide a lifetime of earnings to a
composer or songwriter. In addition to the initial writing or synchronization fee,
composers and songwriters can earn royalties from many sources including
record, CD and tape sales (mechanicals), U.S. and foreign television, cable and
radio performances, theater performances, downloads, streaming and artist and
record producer royalties, among others. In order though to make sure you
receive what you are due, you must know what is in the contracts you are
signing, the many considerations involved, and the areas that are open for
negotiation as well as those that are standard for everyone. Writing for film
involves creativity but it also involves a multi-billion dollar worldwide business.
Knowledge of how the business works is essential for success in this area.
About ASCAP
ASCAP - the American Society of Composers, Authors and Publishers - is a
membership association of nearly 225,000 U.S. composers, songwriters, lyricists,
and publishers of every kind of music. As part of the Membership Group,
ASCAP's Film and Television Music Department provides a variety of programs
and services for composers and songwriters, including film scoring and musical
theater workshops, and seminars on the varied creative and business aspects of
writing for film and TV. Based both in Los Angeles and New York, the Film and
TV staff provides career guidance and networking opportunities within the
industry for ASCAP members, and also serves as a resource for filmmakers,
music supervisors and production companies looking for music for their projects.
The staff represents ASCAP at film festivals and music conferences worldwide,
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promoting the importance of the Society's repertory and celebrating the
successes of ASCAP members.
Writing Music for Television
From Songwriter’s Universe Magazine:
Throughout the past decade, there has been a greater awareness by young
artists/bands that placing songs in TV shows not only provides a source of
income, but can lead to valuable exposure which boosts their chances of
securing a record deal.
These days, an unsigned band or artist often needs more than an outstanding
demo tape or CD to land a record deal. Of course, it helps if the artist is an
exceptional live act with a large, local following. But soundtrack credits can be
very impressive, demonstrating to labels that other industry figures (i.e. film
producers, directors, music supervisors) have liked and selected an act's music
for their projects. And it's even better if a band's song gets on a soundtrack,
receives airplay or attracts publicity due to the movie tie-in. Certainly, any act
would want their songs used in a major studio movie. But for young artists/bands,
their best shot may be with the indie film projects.
"Independent films might offer better opportunities for a new band's music,
because they are more willing to take a chance," says Brad Rosenberger, Vice
President of Film & Television Music/Catalog Development, Warner-Chappell
Music. "Although it's never easy placing songs in films, it's a fertile time in this
industry, because there are a lot of films looking for music from new bands."
There are various ways to find out about which films and TV shows are looking
for music. Several publications, such as the Hollywood Reporter (in its Tuesday
issues) and Exhibitor Relations, list which film and TV projects are in production.
However, these listings usually don't specify what type of music is being used.
Numerous phone calls have to be made to these listings to find out what specific
songs the director or music supervisor may be looking for.
Bands need to do their own extensive research, calling film and TV studios,
production companies, and music supervisors to find out which projects need
their type of music. There are some helpful directories and a few publications
which list certain projects, but not a definitive guidebooks for bands pitching their
music.
"Bands need to be research-driven," says Ritch Ezra, who publishes a
comprehensive directory of music supervisors and studio execs, called the Film
& TV Music Guide. "Acts have to do a lot of homework to find out which projects
are appropriate to pitch their songs for."
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There are a couple of publications which feature partial lists of projects which
need music, such as the soundtrack column in HITS magazine, plus the film/TV
listings page in New On The Charts magazine. An exclusive publication with a
variety of major listings is called The Music Report, but it is restricted to industry
professionals.
Once an act has placed a song, there usually follows a negotiation of the fee for
the usage. Each project has a different budget, and each song can have a
different usage. In most indie projects, filmmakers tend to pay lower fees for
songs by unsigned bands, believing they are giving bands a break by just putting
their songs in films.
Most bands are willing to accept lower fees in order to get exposure from the film.
Sometimes there are no fees paid at all, if the film's budget is particularly small.
However, terms can be negotiated so in the event the movie becomes successful
and/or generates a soundtrack album, additional fees will then be paid to the
band. Also, it should be noted that film (and TV) companies will not ask for the
band's publishing in most cases.
Whether or not the artist/band get paid much for the usage, or whether this film
or TV credit actually helps attract label interest, there also remains the enjoyment
and satisfaction of having a song connected to a viable film or TV project.
Hearing and seeing your music work in a creative, new context is rewarding unto
itself.
Writing for Advertising
From Taxi, a unique and independent A & R Company:
The Importance of the Advertising Agency
When an agency is hired to create a radio or television commercial, it must first
decide whether the campaign demands a new song chosen or whether the use
of a past or present hit song is preferable.
The Jingle
If a campaign requires new music, the advertising agency consults with its client
as to its ideas concerning the theme and direction of the campaign as well as the
outlines of the overall creative budget, including the music budget.
The agency, if it does not have an in-house music department, then usually hires
a jingle production company, which specializes in advertising music, to write a
song and produce a demonstration tape tailored to the planned commercial.
Such a jingle production company is normally a self-contained unit that can
(through its staff writers, producers, and in some cases, ownership of recording
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studios) write the jingle and produce a finished demo.
The agency and its client are then able to hear a reasonable facsimile of the
commercial and, if it is what they are looking for, proceed to a finished version. If
an agency has an in-house music department, with a staff of songwriters, lyric
creators, and producers, it will often develop and produce many of its clients'
jingles without going to third parties.
Another alternative is to contact an independent songwriter, explain the theme of
the campaign, and hire the composer to write the jingle. Without his or her own
production facility, however, the probability of securing the commercial
assignment is slim unless the writer has a successful track record for writing hit
songs or a reputation in the jingle business as a successful commercial writer.
Creation of a Jingle and the Monies That Can Be Earned
The fees payable to a writer for creative services related to the writing of a radio
or television jingle can range from minimum compensation to well over $250,000;
the amount being dependent on the type of campaign being planned (e.g.,
national, local, test), the music budget, and whether the writer is an independent
contractor unaffiliated with an advertising agency or a jingle production company,
is signed to a production company or owns his or her own firm, is an employee of
the advertising agency, has a hit song that the agency wants to use, or is a
successful writer/recording artist who will create and perform advertising music.
The Independent Writer
When an agency contacts an independent writer, the fees for writing a jingle may
range from a few hundred dollars to a few thousand dollars depending on the
music budget and the extent of the campaign being planned.
If the agency is dealing with a superstar writer-recording artist, however, the total
creative fees can easily range from $250,000 to over $4 million if a multiple-year
arrangement is involved.
The Jingle Production Company
It is common for the writer to own, or be signed to, a jingle production company.
In such cases, the fee paid by the advertising agency to this 1-source operation
includes the monies for the creation of the jingle, the costs of the recording
studio, the arranger's fee, and the salaries of the musicians and singers who
perform at the session.
Based on the wide range of services and expertise provided by these production
companies, the amount of money paid by the agency is much greater than that
paid to an individual jingle writer. For example, the value of a 30-second
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commercial to a production company can range from $5,000 to well over
$50,000, depending on whether the commercial is to be aired in local markets or
is the centerpiece of a national campaign.
WRITING WITH A PARTNER
It can often be both productive and fun to write with a partner. Here’s some
advice from experts on how to find and work with a partner, with advice from
songwriter Helen Muddiman.
Finding a Partner
Music papers, music shop notice boards, local papers, youth clubs, practice
studios, gig venues, and colleges are all tried and tested ways of meeting other
musicians. Music courses are also a good way of meeting people of similar
ability. Even if you're not on a course yourself, ring up the tutor, tell them what
you have in mind and ask if they can help.
Another good place for songwriters to meet is at open mic nights. Many
songwriters use these as a place to try out new songs and get feedback on their
work. Pubs often operate these nights - usually midweek when business is
quieter. You are likely to meet a range of levels, from people who are starting out
to those who have been on the circuit for years. Successful artists will even use a
low profile venue from time to time to try out material.
Another way of meeting people who write songs is by going to gigs. You are
more likely to meet people who are interested in the same music, if they are at
the same gig as you. Also you have a chance to judge straight away if the person
is someone you can get on with - essential if you are going to be spending time
writing together.
Choosing the Right Person
Finding a new person to work with can be difficult. There are lots of people
around, but finding someone who has a similar outlook and who you can work
with is usually a challenge.
If you advertise successfully for a musician or a songwriter, it's a good idea to get
to know a bit about the person and ask a few questions before you dive into
collaboration.
Here are a few ideas:
• Do you want to make the same kind of music? If not, you won't get very
far.
• Do you all want the same thing? Talk about your ambition for your
songwriting, no matter how silly and far away it might seem. It's no use
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one of you dreaming of stardom, while for the other it's just something to
do on a Wednesday.
• Do you have similar lifestyles? It's no good arranging writing and studio
sessions, and people canceling at the last minute due to work pressures
or other commitments.
• Do you live in the same city or town? Can you all meet up easily?
• Do you have all the equipment for gigging that you need, and if not can
you get it?
• Do you all understand exactly what is required? For instance, how often
do you want to write, gig and record?
• Are you both/all in a similar financial situation? If not, will you be prepared
to put in the same amounts of money to keep everyone happy?
• Do you have the same amount of writing and musical experience? If not,
are you prepared to wait for someone to catch up?
• Do you all have a similar ability on your instruments and can you sing if
you need to?
• If you've established the level of your ambitions, are you both/all prepared
to put in the time for other activities like promotion?
Writing Relationships
Working with other writers shouldn't be a chore. Like love, you should know a
good match when you find one. Rodgers and Hart, George and Ira Gershwin,
David and Bacharach, Lennon and McCartney, The Finn Brothers - all tailored
their work to their partners' style, and improved each other's songwriting in the
process.
But, as with all relationships, things can get a bit hairy sometimes, and it's good
to try to lay down some ground rules before you start. As time goes on, you will
want to spend your time and energy on creating songs, not on heated debates.
Decide when and where you both work best, and if it is not similar then find a
compromise. If you have sized up your prospective collaborator using the
questions in Finding A Partner, you probably know what he or she prefers. It may
be difficult to collaborate if your prospective partner only works at night and you
can't strum a note after 6pm.
Many songwriters find that one of the best ways to work is to agree from the
outset that everyone has to approve of both music and lyrics, and that if
someone doesn't like something, it gets changed, no questions asked. Too much
time can be spent on arguing over a single phrase, when it would be easier to
just agree to change it and then spend that time creatively looking for something
you both/all like.
By the same token, never accept material that you think is second rate just to
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keep a relationship running smoothly.
PROTECT YOUR RIGHTS!
It is vital that you protect the music you write, before you license any rights for
commercial use. Here’s how.
ASCAP Guidelines
One of ASCAP's most popular Member Benefits partners, Official Software, is
giving ASCAP Members the inside scoop on protecting your works through
copyrights. Read on for Official Software's Paula Constance advice on the do's
and don'ts of registering your music.
You may know that you do not have to register a copyright in order for your work
to be protected under U.S. Copyright law. A work is protected the moment it is
"created and fixed in a tangible form of expression" (e.g. when it is recorded or
written down). That gives you some peace of mind. But proving ownership and
establishing your creation date if someone infringes on your rights is often where
the controversy begins. Therefore, one of the best things you can do to protect
your original music is to register your work with the U.S. Copyright Office before
you perform your songs or distribute your CDs.
Will Notarized Mail or a Date/Time Stamp Protect my Work?
One of the longest standing urban legends is that all you need to do to protect
your work is put it in an envelope and mail it to yourself. The idea is that if
someone were to illegally use your work, or worse, claim that it is actually their
work, you could arrive at the court house with a sealed envelope and offer it as
proof of creation and copyright ownership. The same theory applies to using an
electronic "date time stamp" on your recordings before uploading them to a song
database or websites.
Among the many problems with these methods, the greatest is that neither
creates an actual legal document representing your entitlement to copyright
protection in a work. Also, with a date/time stamp, there is no record of who are
the authors of the work(s) or what were their contributions to the CD. Did they all
write the music? What about the lyrics? Are they all claiming rights in the
recorded performance? Filing a copyright registration and depositing a copy of
your work with the Copyright Office can alleviate these problems.
Risks of Not Filing
Moreover, if you do not file a copyright registration with the U.S. Copyright Office,
there are limitations to the amount of damages you can receive in the event of an
infringement. If you do not file a copyright registration and someone infringes
your work many thousands of dollars that could have been awarded to you per
infringement could be lost (that is, for each and illegal copy or use). There are
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examples of civil sanctions of up to $30,000 per infringing act, or up to $150,000
per each willful infringement. Only by registering with the U.S. Copyright Office
will the law provide you full redress.
How Long Does Copyright Last?
For works created after 1978, copyright protection lasts the author's lifetime plus
70 years. That's another important reason to create a lasting evidence of your
creation of a work. Copyright protection under U.S. law is virtually worldwide. A
U.S. Copyright is recognized in over seventy Berne Union countries and anyone
from any country can file for U.S. copyright protection with the Copyright Office at
the Library of Congress.
Don't Guess on Form Spaces
There are a few things you should know before completing a copyright form. If
you find yourself guessing how to list multiple authors and different claimants,
derivative works (based on an earlier work or works) or if you run into some other
tricky copyrights questions, these just may be the longest ten spaces you have
ever completed.
There are a few key points that will make it easier for you. For example, the
underlying musical work and the recording of the work are two separate things.
This is important because it will determine which form you use to file (Form PA
Performing Arts to register the underlying work or Form SR Sound Recordings to
register the recording) and what your claim to copyright in that work (or works)
will cover.
Does it Matter if a Company or Individual(s) Owns the Work?
Many musicians have independent publishing companies or recording studios
and want to know if they should be listed as the owner(s) of the copyright as
individuals or whether their company owns the copyright. Generally, the answer
is a result of contracts made and the copyright law's treatment of the work as a
"Work Made for Hire." Proper designation is important for future users of the
work.
What About Copyright Filing Tools?
Although you can download the forms for free from the U.S. Copyright Office,
there are online filing services that make it easier. Official Software, a leading
online filing service, provides a discount for ASCAP members on their award-
winning Official Copyright filing tools.
OfficialSoftware.com features online filing with error-check to avoid common form
completion mistakes. With auto-form fill, there is no need to retype information
and you can easily upload your MP3 and other song files. Form completion times
are cut in half. For most unpublished works, an entire collection of songs can be
registered on one form with one fee. You will receive email confirmation when the
US Copyright Office receives your filing.
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Joint rights
When writing with other people, each of you has a claim on the copyright of the
song and you will need to agree how to divide the royalties. So it is important to
confirm in writing what share each of you has written. It is also a good idea to do
this before you start writing (and when you are still friends!).
Two broad rules of thumb have developed to help you work this out. The first and
most common is that the lyrics of a song attract 50% of the copyright, and the
music attracts the other 50%.
The second school of thought says that the words attract one third, another third
goes to the writer of the melody and the remaining third goes to the writer(s) of
the rest of the music.
It is up to the writers to decide what they feel is fair.
If you are writing in a band, this sort of thing can cause huge tensions. The
copyright in the songs is what generates most of the money in music. You can
end up with one or two members who are raking it in, while the non-writing
members are still broke.
It's especially contentious with a band, where the bass player, for example, may
write the bass line but not get a credit as a writer.
Some well-known bands have credited every member on every song so that
each receives an equal royalty. Others have used voting systems to decide how
big a contribution each member made. And some, famously, have chosen not to
be so generous.
CASE STUDY
From John Braheny, "the songwriter's best friend," for his coaching of
musicians:
I interviewed film composer Alan Silvestri for the LASS Musepaper in
March 1991.
JB: Let's talk about the physical process of scoring a film.
AS: This is an animation film and they very often have peculiar problems
because of their very nature. They're kind of like a Polaroid picture. The process
starts and the image of the film slowly starts to appear over time. It takes a long
time to start to see what that is. When I did Roger Rabbit, I think they were
getting 12 feet of film a week. Unlike shooting a day of film and then watching
dailies the next day. The animation is ever so slightly different because of its
nature.
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JB: So at what point do they bring you into the process?
AS: I've always felt that the film makers who a larger perspective, a larger view,
don't seem to hesitate getting a composer involved very early on. I know with
Bob Zemeckis, he gets me involved before he even goes to shoot. I see a script I
hear about. He tells me the story at dinner before he's ready to go. I'm in
constant touch with the project while he's shooting, I'll spend some time on the
set, I'll see the first assembly of the film, I'll see every screening from there on.
That's really the most effective way, and I think because it's about assisting the
director in its most ideal sense. I think the job is to assist the director in achieving
a vision of the film. And in order to be more effective at that, you can't have too
much communication or interaction with the filmmaker. I've been in every kind of
situation. I've been in that kind of total immersion with Bob and I've been in
situations where I'll have one meeting with the director and then that's it! And not
even see the person on the scoring stage.
JB: And not talk to him?
AS: I even had a situation where the director didn't even spot the film with me. I
spotted it with the editor alone. It's a tremendous opportunity lost because if
you're a director, you're directing everything. The music is such an important and
such a potentially tremendous tool for a filmmaker to achieve his overall
impression of what it is he or she is trying to say. If they do not take advantage of
it, it's a missed opportunity. It's a tool that's left on the table somewhere. So
they're all those ranges. Ideally, it's never too soon to get involved.
JB: When you get involved in a project like that, do you actually start
coming up with themes?
AS: Not necessarily for me. For instance going to the set where there's some
activity, I think it helps to see anything that will begin to give you some images. I
also think that you can be infected by the energy of the project, which is good. To
start to feel the enthusiasm and to start to see the excitement and feel the
excitement...that starts to evoke things. Even though you might not sit down at
that point and start writing out a theme, you've been exposed. So it's in there
working and it's what I find when I'm actually into the writing of the score. I may
be sitting at the table for "x" number of hours a day, but I'm not working on that
film until it's over. Wherever I am, it's active somehow. So that exposure, even
though you might not go back and start writing the theme, I still know that I'm
banking hours of input that will be there working on their own. So when it comes
to be time to do something, it's already had a kind of organic life that precedes
what I'm about to do. So I'm not just starting to write something. It's in there
working. It's gestating in a sense.
JB: You just piled up the images and reference points...
AS: That's right. It's an exposure. And if you're exposed early, it has a maturity
factor. So that when it comes time to say something, you haven't just heard about
the issue for the first time. You've been living with it, in some sense. You've gone
through some stages of a creative cycle even though you haven't actually sat
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down to write something. You've had thoughts about it and you've gotten over
thoughts about it. So you're not taking only your first impressions. First
impressions are extremely important because you're having some real ongoing
contact which is valuable.
JB: When you read a script, initially that has to tell you about the setting
and the time of the film in terms of what kinds of musical styles would be
appropriate.
AS: Sometimes I've found myself in the position where I've read a script and
been asked to have a music meeting to talk about music in a specific way that I
feel is unwarranted for where we are. If you take a script, if not all scripts, and
hand them to 10 different directors, you will be beyond amazed at the 10 different
movies you're going to see. And the score is the same thing. So I think there is a
tremendous amount of latitude left in the script and intentionally left in the script.
And that's what a script it. It is a blueprint for making a film. It is not a finished
building. It allows for a tremendous amount of creativity and input by the builder.
JB: So it's possible that if you got started too early on something, you
could be all wrong by the time the movie's finished.
AS: Absolutely. Things happen and there's nothing like seeing the images, which
you cannot really get from going to a set and watching them shoot a scene. It's
very difference seeing the film project than it is to see actors on a soundstage or
out on location shooting a scene. There's no indication of other elements that
occur when things are put together. You might see one shot or two shots in what
will ultimately be a long scene and really not get what the scene is about from
those shots until you see the scene put together. So I think there's no real reason
to be too hasty about that. Of course, if you have this news flash, bolt of lightning
reaction to something you see, there's nothing wrong with going back and writing
something down that you feel captures the essence of what you see, because
you may be absolutely dead-on with that. So once again, there's no rules.
JB: What is the process of turning an emotional feeling into music? What
are the parameters of that? That's kind of a mysterious place.
AS: It is. The closest I can get to speaking about how it feels and how it is for me
is that in a sense, because of the nature of what my position in the film process
is, I'm being asked to converse with the film on this emotional, psychological,
physical level. And I'm asked to make my comments with notes. So here's where
the mystery begins. You will begin to have things to say. I'll watch a scene, I'll
have something to say, right or wrong, about what I'm watching and I will then
proceed to sit down and say it. And it's interesting. I'm rarely at a loss for
something to say in a conversation and I think that would be true for most people.
The same thing applies to working with a piece of film and writing. I don't
experience what I've heard as writer's block, the way that I've heard it spoken. I
experience greater and lesser difficulty in expressing the thought or the feeling in
conversation with the film, in terms of I haven't found the notes yet that say it for
me. If that's what being called writer's block, then I can understand that. But it's
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not just about music. When people say they don't have anything to say, I don't
get that. As I said, I know very few people who run out of things to say in a
conversation. We have comments when we see something.
JB: But one side of the dialogue is already provided for you when you have
a film. What some people get into is that they're not stimulated by anything
around them.
AS: That's very dangerous, because it immediately indicates you don't know
what your mission is. You don't know why you're there, you don't know what
you're supposed to be doing. Forget about having a conversation with someone.
You don't know why you're in the room. I think that's a real fundamental difficulty
for people in our place in the film process. And it's so simple, because there you
are, you've just said it.
JB: You have to have access to a musical vocabulary that allows you to
make those translations.
AS: That is the whole craft aspect, the experience aspect of being a
composer/musician. However, as I think most of us have discerned in various
experiences in our lives, we can hear something eloquently said with tremendous
command of the language, with no heart, with no impact, with nothing of interest
in it. Sheer technique. And then we can hear an incredibly powerful thought,
more clumsily expressed, and be impressed and impacted by it. They have to be
separated and of course the ultimate is have fine ideas and find means of
expression. And then you have a Mozart, you know, where the two come
together. And there are probably examples all throughout the musical history of
this planet where you can find the weighting of the balance between fine thought
and fine technique and how you may hear some person's music. And the
impression of an incredibly facile technician not really saying too much and then
someone who does not have the gift of technique of so-and-so and yet, this
composer speaks about something that has a weight and a depth to it.
With movies, television, and advertising always needing new music, there are
many ways to get music published that don’t have to do with making your own
record or going on tour. And the money is usually much better. Here are some
links to a lot of helpful information from some friendly and reputable sources.
These organizations respect musicians and are trying to help you get to a place
where you’re making money from your music:
ASCAP
http://www.ascap.com/index.html
TAXI
http://www.taxi.com/members/links-associations.html
Songwriter’s Resource Network
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http://www.songwritersresourcenetwork.com/page3.html
NASI
http://www.nashvillesongwriters.com/news.ez?viewLink=44
International Songwriter’s Association
http://www.songwriter.co.uk/page36.html
For a free 30,000-word course on how to get your songs sold, go on the web site
to order, and it will be emailed to you directly.
Ty Cohen's Favorite Music Industry Resources
I've been asked over a thousand times to put together a list of my favorite music
industry success resources and here they are.
This list will grow every week as I come across more and more truly valuable
websites and resources that I feel people in the music industry, or people
"Trying" to make it in the music industry such as yourself can use.
Visit the music industry resources listed below:
Product Ratings
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The music business can be a tuff nut to crack at times, but
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