Television

When a producer wants to use an existing song in a weekly TV series, special, mini-series or made-for-TV movie, permission must, with few exceptions, be secured from the song’s music publisher.

In this regard, the producer of the show will decide on how the song is to be used (for example, background vocal or instrumental, sung by a character on camera, over the opening or closing credits) and the medium over which the program will be broadcast (free TV, basic or premium cable, mobile phones, pay-per-view).

The producer or its 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.

A separate license, known as a Master Use license, also needs to be negotiated with the owner of the sound recording (usually the record company) if the original recording of the song is also being used.

Since home video, downloads and DVDs are an important ancillary market for TV programming, negotiations (often on an option basis) will take place for home use as well, with a separate fee being paid when the option to go to home video is exercised.

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 nontelevision 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 broadcast on free over-the-air stations or on the Internet), a producer may also request prices for a wide range of additional options.

Synchronization fees for major series are negotiated and typically range from $1,800 to more than $3,000 for a five-year worldwide free television license for the use of one song in a series episode, from $6,000 to more than $12,000 for life-of-copyright licenses and “all television” licenses, and from $15,000 to over $25,000 for all media excluding theatrical licenses.


© 2008 Todd Brabec, Jeff Brabec
For more information, check out the book Music, Money and Success: The Insider's Guide To Making Money In The Music Business (Schirmer Trade Books/Music Sales/502 pages) available for sale at Amazon.com, Barnes & Noble, Borders, Music Sales Group and www.musicandmoney.com.




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