Know where the music fits in during the movie production process
? Music is left until the last possible moment when the film is locked and the amount of money spent on music pales in comparison to the other production costs
Know the three types of music primary to most films
? Original Underscore
? Original Song
? Licensed Preexisting Song
What are the deals involved in Motion Picture Music?
? The Performer (singer/instrumental)
? The Record company to whom the performer is signed
? The Record Producer
? The Songwriter
? The Publisher to whom the songwriter is signed
? The owner of a Master Recording that’s sampled
? The Publisher who owns a song that’s being sampled
? The Record Company putting out the soundtrack
What are the rights involved in Film Music?
? Acquisition of rights for the picture
? Performing artists
? Songwriters, composers and publishers
? Record producers
? Record companies (both for use of existing masters or samples in the film, and for clearing rights to put new recordings of their artists in the film)
? License of rights from the picture company to others
? A deal with a record company to release a soundtrack album
? Licensing film clips for music videos
? Possibly a publishing administration deal
What are the two types of Film Music Performer Deals?
? One to perform in the picture
? The other to use the performance on a soundtrack album or single
How artists are usually paid to perform in a film?
? A flat fee
What are some standard fees for this?
? $200,000-$400,000 for a superstar
? $15,000-$25,000 for midlevel artist
? $5,000-$10,000 for a minor artist
? $10,000-$20,000 for featured instrumentalists
? $100,000 for big names
Explain All-in Deals for Film Music
? For a set fee they (artist) will record and deliver a completed track
? If the director doesn’t like what you recorded it’s on your dime
What are the important aspects of the soundtrack record album?
• What’s the royalty to the artist?
? Who is the royalty paid to?
? For the distributor what can be recouped against your royalty?
? What can you record company recoup?
? What rights does the film company have?
? Roles in the release of music videos
What are the royalty amounts for soundtrack albums?
? 12-14% all-in, prorated
? 16-18% for major artists
What is recoupable in soundtrack albums?
? Recording Costs
? Artist’s Performance Fees
? Conversion Costs
? Re-use Fees
Understand the rights to artist film recordings
? Can use it on the Artist’s Own Record
? Restriction on Re-Recording (usually five years)
? Right to Release Singles
? Music Videos
Understand about licensing of the master for motion pictures
? We are talking about song licensing and not the score or underscore
? The deal for these licenses is between the Record Company and the Film Company
? The right to use the master is only the right to use the physical recording, not the publishing rights
? Artists may or may not have approval rights from the record company, however they can block the deal if they own the publishing on the song
What are the two main elements of the record company/film company master license?
? How much is the synch fee?
? If the master going to be used on a soundtrack album, what is the royalty?
What determines the fee the record company will charge?
? The popularity of the artist
? How the music will be used in the film
What are the royalty ranges for this?
? 11-14% prorated with an Most Favored Nations (MFN) clause
How is the money split between the record company and the artist?
? 50/50
What are the two types of soundtrack albums?
? Score Albums
? Song Albums
What are the advances and royalty rates for both score albums and song albums?
? Score – Usually just the re-use fee as these albums don’t sell that well. Royalties 17%-18%.
? Song – $100,000-$300,000, with some up to $500,000. Royalties of 18-20% with escalations up to 22% based at sales over 1 million copies.
Who pays a majority of the costs to release soundtrack albums?
? The film company