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Music,Money, Success and the Movies

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Music,Money, Success and the Movies Music, Money, Success and the Movies The Basics of “Music in Film” The Pre-Existing Hit Song Used in a Film Deals The Song Written for a Film The Score This information has been provided as a service by American Society of Composers, Authors and Publishers Updated November 2008 By Todd Brabec1 and Jeff Brabec About ASCAP TABLE OF CONTENTS ASCAP – the American Society of Composers, Authors and Publishers – is a membership association INTRODUCTION ............................................................................................2 The Film Business .........................................................................................2 of more than 230,000 U.S. composers, songwriters, lyricists, and publishers of every kind of music. The Market ...................................................................................................3 ASCAP also represents in the United States the copyrighted works of hundreds of thousands of Types of Motion Picture Music ........................................................................3 foreign country writers and publishers. ASCAP’s function is to protect the rights of its members by THE Pre-EXISTING HIT SONG USED IN A FILM .................................................5 licensing and distributing royalties for the non-dramatic public performances of their copyrighted Determining How Much To Charge For A Song .................................................5 works. These royalties are paid to members based on surveys of performances of the works Actual Fees Paid For Existing Songs ................................................................6 they wrote or published. ASCAP’s customers, or licensees, encompass all who want to perform Opening And Closing Credits ..........................................................................6 copyrighted music publicly: radio and television broadcasters, cable programmers, live concert Multiple Uses of A Song .................................................................................6 Lyric Changes ...............................................................................................6 promoters, symphony orchestras, shopping malls, bars, web sites, etc. Under the U.S. Copyright Duration of License .......................................................................................7 Law, they must have the permission of the copyright owner to do so. As a clearinghouse, ASCAP Rights Granted To the Film Producer ..............................................................7 makes giving and obtaining permission to perform music simple for both creators and users of Territory .......................................................................................................7 music. ASCAP also offers a wide array of benefits and services to its members, ranging from career Limited Theatrical Distribution ......................................................................7 New Multimedia Uses ....................................................................................8 development programs, such as showcases and workshops, to a Member Card providing access Soundtrack Album Guarantees ......................................................................8 to insurance programs, low-cost musical equipment, and discounts on travel, music supplies, CD Trailers and Advertisements ..........................................................................8 manufacturing, and much more. ASCAP’s award-winning website, www.ascap.com, contains a Deferred Payments .......................................................................................8 wealth of valuable information and articles about music and the music business for professionals Student-Produced Films ................................................................................8 and aspirants alike. The site also hosts ACE – the ASCAP Clearance Express – which provides quick Screen Credit ................................................................................................9 and easy access to title, writer and publisher information on over one million performed music THE SONG WRITTEN FOR A FILM................................................................... 11 works in the ASCAP repertory. The Contract ............................................................................................... 11 Writer Services ........................................................................................... 11 Writing Fee ................................................................................................ 12 About the authors: Todd Brabec, Executive Vice President of Membership for ASCAP, and Jeff Brabec, Screen Credit .............................................................................................. 12 Vice President Business Affairs for the Chrysalis Music Group, are graduates of NYU School of Law, Deems Ownership and Publishing ........................................................................... 12 Taylor Award-winning writers for excellence in music journalism, adjunct professors at the USC Thornton Grant of Rights ........................................................................................... 12 School of Music/Music Industry Department and authors of the book, MUSIC, MONEY AND SUCCESS: THE Songwriter Royalties .................................................................................. 13 INSIDER’S GUIDE TO MAKING MONEY IN THE MUSIC BUSINESS (6th Edition, 505 pages, Schirmer Trade Books/ Songwriter/Recording Artist ........................................................................ 13 Music Sales) from which much of the information contained in this article is taken. THE SCORE ................................................................................................. 17 Copyright © 2009, 2008, 2006, 2004 by Todd Brabec, Jeff Brabec. All Rights Reserved. Information from this The Feature Film Score Contract ................................................................... 17 article was obtained from the book Music, Money and Success: The Insider’s Guide To Making Money In The Music Business, written by Todd Brabec and Jeff Brabec (Schirmer Trade Books/MusicSales). MUSIC CUE SHEETS AND THEIR IMPORTANCE ................................................ 23 Note: The figures and comments contained in this article are based upon the authors’ experiences over the years with CONCLUSION .............................................................................................. 25 many specific situations. Ranges of fees, as well as comments, do vary based upon individual negotiations and situa- tions. Many dollar figures are based upon major U.S. studio releases and can be different for all other types of releases THE ASCAP FILM & TELEVISION MUSIC DEPARTMENT .................................... 25 (independents, smaller budget features, foreign country produced films, etc.). INTRODUCTION THE MARKET The initial market for any film is the exhibition in U.S. and foreign motion picture theaters. Films Music in the movies is an essential element of the filmmaking process and is one of the are then released for download and to home video for purchase or rental and to video-on-demand main factors that helps to determine box office success or failure. Think of a motion services with subsequent sales to pay-per-view, pay cable services (HBO, Showtime, Disney, the Movie Channel, etc.), the television networks (ABC, CBS, NBC, Fox, etc.), local television stations picture without music – whether it’s an orchestral or synthesizer score, a brand new hit or basic non-pay cable services (USA Network, Lifetime, etc.) and to foreign television and cable song or a long time standard – and you’ll begin to realize the value and contribution of stations. Soundtrack albums and singles are also often released with many of them becoming music and lyrics to film. And whether you’re a producer, a director, an agent, a composer, major chart hits, in turn creating additional income from such ancillary sources as U.S. and a songwriter, a studio executive, a music supervisor, a business affairs executive, a film foreign performance income from radio, television, cable and theater performances, worldwide student or anyone involved in film, or who wants to be in film – you need to know what mechanical royalties from tape and CD sales, download and streaming royalties, commercial type of music you’re looking for, what the music is intended to accomplish, how do you advertising fees and ringtones among many other sources. license or acquire it, how much it will cost and how much it will earn. THE FILM BUSINESS TYPES OF MOTION PICTURE MUSIC Most feature films are produced either by the major Hollywood studios or by hundreds of U.S. Motion picture music falls into three basic categories: and foreign independent production companies. The independents range from major companies just below the rank of the well-financed, all-purpose studios, to medium and small continuing The pre-existing song companies, to firms that fold up their tents after just one production. AC/DC’s “Back in Black” in Iron Man, Al Dubin and Harry Warren’s “I Only Have Eyes For You” Filmmaking costs have skyrocketed in recent years. The average cost to produce, market in Spider-Man 2, and Paul and Linda McCartney’s “Live And Let Die” in Shrek the Third. and advertise a film in today’s industry is in the area of $100 million versus a 1980 figure of $16 million. Out of necessity, films are now financed in a variety of complex
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