Music Law: Vol. 2

Music Law​is a semi-regular column where our readers receive expert legal advice fromrenowned entertainment lawyer Gene Goodsell.

Q: What are some of the issues involved when using music in a film?

Music and theatre have an eternally enduring relationship. From the tragedies in Ancient Greek amphitheatres, to the Roman comedies, to the Middle Age religious dramas, to 21st Century studio film production, music has, and probably always will, be a part of how we experience theatrical performances. Today, music in film is a world unto itself.

Music can make a great movie a classic and a not-so-great movie worth watching twice (or at least make you want to go and buy the soundtrack). Whether it’s unforgettable scores composed specifically for the movie (think: the themes from Star Wars, Indiana Jones, the Pink Panther and James Bond) or craftily curated soundtracks that make you think they were made for the movie (think: Pulp Fiction, Trainspotting, Lock, Stock and Two Smoking Barrels, The Beach, Saturday Night Fever and Easy Rider), music selection is an essential piece of the final production puzzle.

So, from a legal perspective, what exactly do you need to know when using music in a film? This article will provide an overview of some of the legal issues that pop up when using music for a film’s soundtrack or procuring the services of a composer to score a film.

Soundtracks and Copyright Ownership

If you’re looking at using someone else’s music in your film, you need to consider who the copyright owner is. Copyright ownership gives rise to a set of legal rights and obligations that govern the way in which the material subject to the copyright can and can’t be used. Also, there will usually be more than one copyright owner of a piece of music. For example, you might have the composer who wrote it, the singer who sang it, the musician who played it for the recording, and the record company who made the recording, all with a form of copyright ownership of the song. You’ll need all of the copyright owners’ permission before you can use their music.

How does one get permission, you ask?

As a rule of thumb, you should first get in touch with APRA AMCOS and look into what sort of licence you’ll need to use the piece of music. Then, you’ll need to contact whoever is responsible for licensing the piece of music you want to use and get their permission.

How much will licensing a song cost me?

It should go without saying that famous and popular music will be extremely costly to licence. Most licensing agreements are kept under wraps, but as an idea, popular TV show Mad Men used the Beatles track Tomorrow Never Knows in one of its episodes last year to a licence-fee-tune of $250,000, if speculation by Investopedia is correct.

If you want to keep your music licensing costs down (and can’t make the music yourself), consider using local up-and-coming artists. They’ll usually be cheaper and more accessible, and you’ll be able to sleep better at night knowing you supported local talent.

Composer Agreements

If you’re looking at getting someone to compose an original score for your movie, don’t kid yourself; you’re going to need some form of agreement between the two of you. Even if you think that the project is too small to bother with formalities, or that the two of you are such good friends that nothing can go wrong, get an agreement drawn up.

Getting something in writing allows parties to mull over the terms and conditions that they want included, and provides remedies to any disagreements which may arise in the course of the work performed. Here are some things that will be need to be considered:

• Who is responsible for production costs (i.e. the costs involved in actually making the music)?
• What exactly are the composer’s duties (i.e. will they only be composing music for someone else to perform or produce, or will they be involved in the performance or production)?
• How will the royalties be divided (i.e. what is the percentage split of profit between the film producer and the music composer)?
• How much will the composer be paid (i.e. is it a fixed fee or a percentage of the revenue generated by the film)?

Furthermore, a composer will usually maintain copyright ownership of the music they have created, and will license its use to a film producer for all purposes relating to the movie, such as trailers and promotional material. Any use of the composer’s music outside of this agreed-upon license could lead to a breach of copyright. A solid composer agreement will outline precisely what the license agreement entails to avoid any confusion.

Thank you for using Goodsell Lawyers for all your legal requirements.As we always want to provide the best service, we ask that should you have any suggestions or complaints, please email us with a brief description.If you have any questions, please do not hesitate to contact us. We believe in having long-term relationships with all clients.

Editor's note:

Goodsell Lawyers is the only Australian music and entertainment law firm with an alliance with a leading Hollywood entertainment attorney. Goodsell Lawyers has worked with prominent US booking agents, such as Paradigm in Beverly Hills. It hasalsoworked with artists such as Chingy and T-Pain. Goodsell Lawyers is one of the only music and entertainment law firms in Australia that can offer fixed fees.

To read more about Gene Goodsell and get in contact, visit the firm’s official website:http://www.goodselllaw.com.au.

Gene tweets at: @GoodsellLawyers