TELEVISION
When a producer wants to use an existing song in a weekly TV series, special, miniseries, or made-for-TV movie, the producer usually must secure permission from the song's publisher. In this regard, the producer of the show will decide how the song is to be used (for example, background vocal or instrumental, sung by a character on camera, over the opening or ending credits) and the medium over which the program will be broadcast (free TV, basic or premium cable, pay-per-view). The producer or his/her music-clearance representative will then contact the publisher of the composition, describe how the song will be used, ask for a specified period of time to use the song in the program (usually from three years to life of copyright), define the territory in which the program may be broadcast (usually the world but sometimes limited to only specified countries), negotiate a fee, and then sign what is known as a synchronization license. This is how the standard "Love and Marriage" came to be used as the theme for "Married . . . With Children," and how Billy Joel's "You May Be Right" wound up as the opening theme to "Dave's World."
Since home video has become an important auxiliary market for TV programming, negotiations (often on an option basis) will take place for home use as well. Considering that some television programs (normally miniseries and made-for-TV movies) are also released in movie theaters in countries outside the U.S. (more on that later), the producer may also request such rights and negotiate additional fees for such non-television uses. And since many TV shows are eventually broadcast over media other than that on which they were initially aired (for example, a pay-TV program being broadcast on free over-the-air stations), a producer may also request prices for a wide range of additional options. Synchronization fees are negotiated and typically range from $1,800 to more than $2,400 for a five-year worldwide free television license and from $6,000 to more than $10,000 for life-of-copyright licenses.
Next: Motion Pictures
Copyright © 2002 by Todd Brabec, Jeffrey Brabec. All Rights Reserved. Note: The figures and comments contained in this article are based upon the authors' experiences over the years with many specific situations. Ranges of fees, as well as comments, do vary based upon individual negotiations and situations. |
