In the previous edition NMSIA, emphasis was laid on why Music Search is important when licensing pre-existing songs as each right holder is expected to give approval before a pre-existing song can be licensed. Missed it? Click here.
After identifying the right holders in a song what follows next is a License Request. It’s important to deal with each right holder as a separate entity with separate needs so as not to encounter any delay in the negotiation process for example, A Songwriter in a song may not be interested in a fee because he has 10% in the publishing share and this share (on a pro-rata basis) may not be attractive hence, he would not be willing to negotiate except the total fee is increased. This is a typical red flag and capable of wasting the time of the Music Supervisor, Licensing Specialist or the user making the License Request who may not understand why there is an unusual delay. Back to the License Request Form. Let’s Go!
A license Request Form is simply a document highlighting the terms in an offer for the permission to use pre-existing songs in Film, TV show, Video Game, Animation or other productions with the aim of compelling the licensor to grant approval. The dexterity in filling a request form goes a long way to guarantee an answer or you get aired!
Who Does not Need to Fill a License Request Form to use Music?
Unfortunately, everyone needs to fill in a License Request Form except the terms for the license are clearly highlighted in an email thread and there is a consensus ad idem between both parties (Licensor and Licensee). However, Labels and Publishers have a template ready for every license Request made, hence it is advisable to work with that as opposed to lengthy text in an email. Once it is filled Negotiations can proceed.
However, A song in the public domain does not need approval so anybody can pick it up and use it. A work is said to be in Public Domain if the duration of copyright has expired. Songs in this category would be mostly music composition in existence before 1935.
A License Request Form may be filled with a lot of jargons and technical terms that forces a potential licensee to back out. Kindly find below a simple guide on how to answer questions in a License Request Form so you can hit the send button with that confidence and the cash budgeted for the music use.
- Song Title: A lot of songs have various versions. It’s important to be very specific about the Song. A simple mistake in the spelling may make it difficult for the licensor to find the music in a Music Company with thousands of song in its catalogue.
- Writers: In a lot of instances the writer of a song is not signed to the same Publisher and Label as an artist so it’s important you include this if the Request is made to a Publisher. A writer in this instance include the Producer(otherwise called “Composer”) and Songwriter (otherwise called “Author”) and every other entity involved in the composition part of a Music.
- Performers: This include the Recording Artist and Producer and other entities which may include Session Musicians and Engineers as long as an audible contribution has been made to the recording. But the artist and Producer are the same as the writers and Composers in No.2? No, In this Context the roles different and represented by different entities. See the example below:
i. Davido as a performer represented by DMW(the Record Label)
ii.David Adeleke as a Writer represented by Sony Music Publishing(The Publisher)
4. Licensee: This includes the name of the Production Company creating the Project. It’s always advisable to include the name of the Producer for reputation purpose most especially if an SPV(Special Entity) was created for the project.
5. Production Name: The Exact Name of the Production.
6. Description of the Project:
A short description indicating the project type e.g Documentary, Commercial, Video Game, Animation etc,
A brief description of the actual scene it will be used in. Hint: Make this Catchy
A brief description of the type of use e.g Background/Source Use (Music from a speaker, car radio or other visual on-screen source) Theme (The associated track with a visual project), Visual Vocal (Where characters are actually singing this song as part of the dialogue e.g Bella Ciao in Money Heist I) and Visual Instrumental.
7. Duration: The length of the song. It’s important that the actual timing of the cue is included.
8. Number of Usage: The number of scenes the song will be used. Hint: If a song is the last to be played in the cinema(end credits) there is the possibility the audience may remember the song and want to replay it using Song detectors apps like Shazam.
9. Territory: TV Series, Movies, Video Games are usually distributed worldwide but Commercial Advertisements may just be in a City, Region or selected Countries. It’s important that it is indicated in the License Request Form.
10. Term: How Long is the song expected to be licensed for this project.
11. Media: Very important. Check this article on Media Rights and how it impacts the license fee.
12. Offer: Make an offer with your full chest but remember Music is an Intellectual Property which enjoys the benefit of a Real Property (Real Estate).
Quite Lengthy, yeah? Yes it is but the alternative to doing this is making a phone call, agreeing to the terms, sharing account details and ultimately having the visual project taken down for copyright infringement by one of the writers you never knew existed OR a Court Injunction suspending the Premiere of the Movie or the Launch of the Video Game because of a claim by the Producer of the track whom you never spoke with on the phone.
