Licensing your music

by Kerry Silverman

The music biz is tough, but for those who put their minds to it, there are alternative ways to promote yourself and earn income as a musician without having to utter, “You want fries with that?” Licensing your songs is one such avenue. From national acts pushing their new record with a track on The OC, right down to the music you hear when you’re put on hold on the phone — all of that music must be licensed for legal use. Other licensing opportunities exist in film, video games, software, museum audio guides, and so on and so on. Licensing is a great way to make money and/or gain exposure by placing your songs in the public eye.

COMING TO TERMS

Before we dive into how to get your music licensed, we need to go over some terms that are commonly used with licensing:

Copyright

Be sure to file a completed copyright form along with a copy of the music with the US Copyright office before attempting to license your songs. You can find the forms and instructions at www.copyright.gov. There are two copyrights for a song; a copyright for the sound recording (Form SR) and a copyright for the underlying song (Form PA). For our purposes, let’s clarify that we are talking about licensing the original music of an independent artist, one who is not signed to a label or a publishing company and who owns both these copyrights. (Members of ASCAP, BMI, SESAC or others should consult with their publishing company. There are also a plethora of agencies that specialize in — and charge for — representation for song placement.)

Publishing

Publishing is one of the most complex parts of the music business, and yet it can be the most lucrative area of income for musicians. Music publishing is the owning and exploiting of musical copyrights. A song is made up of two equal shares: the writer’s share and the publisher’s share. Songwriters affiliate with publishers because the publisher’s main job is to commercially exploit (increase use and value of) songs. Many independent artists/musicians are their own publisher, and therefore own 100% share of the song. If that includes you, read on in order to become educated on how to pursue licensing your music.

License

The license for use of the sound recording is called the Master Use License. The license for the underlying song is called the Synchronization License (aka synch license), which is required when a musical work is synchronized in time with visual images used in TV shows and film. Synchronization licenses are granted by sound recording copyright owners.

KEEP AN EYE TO YOUR HORIZON

If you wish to place a song, do your research. For example, watch existing television programs and write down every show in which you think your songs would fit. Television opportunities run a full range, from the shows themselves to the commercials in between. Learn to think and listen visually; everything visual has a potential sound accompaniment.

Have you written a song about “Cleaning My Heart?” Maybe there is a deodorant spray or cleanser that would be suited for your music. Use your real-life experiences and expertise as your guide. Just as a folk singer would not approach a metal club about a gig, know your own music and the target audience. A death metal song about Genghis Khan might not work for a kids’ film about a hockey-playing chimp, just as an airy pop lilt may not be appropriate for Disemboweler VII — The Video Game.

Another big side of licensing is the “sound-alike.” Music supervisors are sometimes driven to acquire a certain song for their work, but don’t have the bucks to shell out for top-tier artists. If your style is similar to that of a top-selling artist, take advantage of this happy coincidence. It’s a hell-of-a-lot cheaper to get you, sounding like Paul McCartney, than it is to bag Sir Paul himself.

PRESSING THE FLESH

Licensing, like many aspects of the music industry, is driven by relationships. Network as much as you can, and reach out with purposeful letters, calls or e-mails to those in the film and TV industry. A really good place to start for the independent artist is where future filmmakers start — film school. Although movie budgets at this level will most likely be too low to pay you, it’s a good place to get your name out. Weigh how much exposure means to you, versus getting paid. Relationships started among fledgling artists can blossom into full-blown partnerships.

Also, begin researching specific music supervisors working on the programs you seek. Check credits in TV shows and movies. Go to film festivals and conventions — such as The Film & TV Music Conference — that music supervisors attend and meet with them. While these sources are less likely to work with an independent, unaffiliated artist, it still may be worth your effort. The fact that you are the sole owner of your copyrighted work clears any red tape a music supervisor may have to deal with, thus making you that much more of an attractive possibility. Music supervisors are constantly looking for new music from independent artists, who are often willing to negotiate for a lesser amount (with the risk that a TV show may not even survive the season, music supervisors try to keep costs down) and who can create new music without having to get permission from a label or have a label delay the time-sensitive process. If you are a fan of a particular show and you believe that your music would suit the show perfectly, send a letter to the music supervisor and let him/her know you are a fan. Express your desire to have an original song played on the show, and indicate the situation or mood for which your song would best suit the program.

Another source is The Film & Television Music Guide (www.musicregistry.com), where you can find contact information for music supervisors and publishers specializing in film and TV placement. You can also get leads by reading trade magazines like Hollywood Reporter and Variety.

PUTTING IT ALL TOGETHER

Your package should be a professional presentation — just as any press kit would be — but targeted. Music supervisors don’t care as much as club owners about what you look like or where you’ve played. Send a CD of your music, with the track listing and contact information on both the CD case and the CD label, and a great cover letter indicating the genre, your type of sound and which production might potentially fit the music. Do not send a bio, reviews, photo or any extraneous paper, because the music is what is being considered. The rest will just be thrown away and most likely will not strengthen your case.

SEALING THE DEAL

They want your song! Now what? A good idea when first licensing your music is to have a manager, attorney or someone who really understands licensing to help you evaluate the deal. Things to be considered are intent of use, scope and fee. Once there is a verbal agreement, make sure to get it in writing as well — ALWAYS GET IT IN WRITING.

It is important not to devalue the song by licensing it for a pittance — but also be aware that music supervisors may let you know their budget constraints give them no room for negotiation. This is the moment when you must determine if the exposure is going to make the deal worth your while. Think of unknown group, A3, placing their song “Got Yourself a Gun” in the then unknown HBO pilot, The Sopranos.

Make sure to walk away from any deal that asks for:

1) your publishing share

2) exclusive rights to your songs

3) your music used any way they please.

There is a constant demand for good music to accompany the visual medium. The artist/musician/songwriter has a great opportunity to make money through licensing. Continue to educate yourself about publishing and licensing, and nurture your relationships with people who have the ability to market your music and offer you the means to live off of your passion for music.