The Importance Of Music In Film

With every frame, filmmakers try to convey a specific emotion.

Music

  • The importance of the soundtrack: sets mood, emotion, track: sets mood, emotion, psychological, sense of time, etc.
  • Music is protected just like any other copyrightable work: duration, registration, infringement, fair use and work for hire-apply.
  • Caveat: first time producers treat music after, since it's part of post-production! It's complicated, so it must be part of development and /or pre-production.

Adding Music to Your Film

Notes, melody, lyrics

  1. Are you using a song (consist of the music and lyrics), a sound recording (a recorded performance of the song)? Then you're probably using both.
  2. A single song can have many sound recording.
  3. Who owns the song?
    Initially the songwriter, but then it's transferred to a music publishing company.
  4. Who owns the sound recording?
    • There are two copyrights in the sound recording.
    • With few exceptions, the record company (the record label) owns the copyright to the recording.
    • But the music publishing company owns the copyright to the song.

3 Ways To Add Music To Your Film

Composer - Work For Hire - Under (Score)

Commissioned especially for the film (work for hire)
Example: hiring a composer to create an original score (background & incidental music)

Pre-existing Recording of a Song

A pre-existing musical recording is licensed

Pre-existing - Re-record - Cover

A pre-existing musical composition (song) is re-recorded for the film

Music Rights and Licenses

To use music in a film, you need to acquire several different licenses:

  1. Synchronization License: is needed from the owner of the musical work (song) which allows the producer to use the work in a film (a synch license)
  2. Master Use License: Master Use License: To use a pre-existing recording of a song, the producer needs to obtain a Master Use License form the copyright owner of the recording
  3. Mechanical License: which gives you authorization to make and distribute a recording of a song. (Cover)