Music Search for rights-holders can be one of the most stressful part of music Licensing and supervision business where there are a lot of entities involved in a selected track. A song may be a great fit for a scene but the inability to identify the individual rights-holders for clearance can be a major hindrance to the successful use of the song in a visual project. Other factors that could hinder a song from being used are highlighted here.
One consequence of an improper music search is improper crediting in a visual project. Find below an example of a credit structure and determine which looks appropriate between A and B.
A. Essence – Wizkid ft. Tems
B. Essence Written by Ayodeji Ibrahim Balogun, Oniko Eddie Uzezi, Oniko Evawero Okiemute, Richard Isong, Temilade Openiyi Performed by Tems and Wizkid Produced by P2J & Legendary Beatz Courtesy: Starboy/RCA Records
Which of the above credit scene indicate the song was properly cleared for use giving account for each right holder?
The B option indicate there was a proper clearance but it can be an overwhelming task searching for all the rights-holders as one entity may not be vested with the right to serve as a one-stop shop for all rights-holders in a licensing process for a selected track.
Who are the right holders a licensee should look out for?
Well, everyone who contributed to the selected track deserve a share in the pie of the license fee. Except for an initial assignment the following contributors are recognized and entitled to split points either on the master or publishing side of the coin whenever they contribute to song. They include Actor, Arranger, Background Vocalist (BGV), Choir, Composer, Conductor, Contributing Artist, Engineer, Ensemble, Featuring Artist, Lyricist, Mixer, Orchestra, Performer, Producer, Remixer, Session Musician, Soloist, Translator, Video Director, Video Producer, Writer etc. It’s worthy to note that some of these roles now fall under eligible roles for either Statuette or Winners Certificates of the Grammy Award.
Why Session Vocalists and Musicians?
These rights-holders may not be the face of the music or even featured in the music video, however in the absence of an assignment of copyright evidenced in a Musician Consent Form or similar agreement, they are entitled to royalties from the issuance of a license on the premise that sufficient effort has been expended in the rendition to make it sound original and unique.
Examples of songs where the activity of the session musicians and vocalists were pivotal and recognized include
1. Do Me by Psquare: Spot Waje’s voice on the Call and Response part and the vocal solo at 01:14.
2. Anoti by Wizkid: Spot the consistent Ad libs and Background Vocals by Bella Shmurda all over the song.
4. Away by Oxlade: Spot the consistent Rhythm guitar and the solo at 2:18 by Opeyemi Abodurin.
Why should Mixers and Engineers should be accorded royalties from a license fee?
Mixers and Engineers rarely contribute to the composition part of a song however, they play a pivotal role in the post-production process for the sound recording giving the final sound recording a new flavor. Also, where a new arrangement has been made most especially in remixing process a share of the performer’s income bite would not be too much to give to an engineer. Find more about mix and mastering engineers here.
What about Composers and Performers?
The Composers and Performers are the most recognized rights holders and have their rights exploited with the aid of Publishers and Label. These individuals benefit from royalties received from the exploitation of the Master Right, Mechanical Right, Performance Right, Neighbouring Rights etc.
How Can I search for Rights-holders in a song?
Music Searches can be done through various means but not limited to the following ways:
- Collective Management Organisations database E.g BMI Songview Search
- Digital Streaming Providers “Show Credit” Feature. This is available on Tidal, Spotify, Apple Music(Composers only) and other streaming platforms.
- Through Third Party Websites such as Blokur, Jaxsta, Sound Credit etc.