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The National Association of Record Industry Professionals presents

How To Place In Hollywood Films, Television & Trailers

April 3, 2013 ● Espace Oscar Niemeyer ● , France

Contents Page Upcoming NARIP Events 2 Excerpts from Tess Taylor’s Music Licensing Handbook 3 In Production: Where To Find Who’s Working On What 6 Important Deal Points in a Music License Agreement 7 Synchronization License Request (Quote Sheet) 8 Synchronization & Master Use License 9 Music Cue Sheet 13 ’s Split Agreement 14 Important Metadata 15 How To Market Music For Trailers: Interview -w- Big Picture’s Marcy Bulkeley 16 How To Market Music For Trailers: Top Tips from Ignition’s Natalie Baartz 18 Top Ten Tips to Market and License Music for Film & TV by Carolyn Richardson 20 Top Tips for Music Licensing by Jeff Straw 21 Music Licensing Submission Tips by Chris Austria 22 Recommended Reading & Resources For Better Licensing 23 Glossary of Music Licensing Terms 24 Other NARIP Programs of Interest 31 Executive Profiles 32 About NARIP 35 NARIP Officers 36

Special thanks to Romain Vivien, Michel Nassif, Marie-Anne Robert, Pauline Garel, Adrien Simonnet, Eric Michon, Michele Amar, Romain Berrod and Mathias Milliard. NARIP dedicates this program to creators of music and to those who support, promote and market their work.

Follow us @NARIP, tweet about our event! #NARIP

NARIP is the biggest music business network in the world. NARIP promotes career advancement, education and good will among record executives. Compilation © 2013 NARIP, all rights reserved. Unauthorized duplication prohibited. ______Post Office Box 2446 ● Toluca Lake, CA 91610-2446 ● USA 818-769-7007 (US) ● +33 (0) 1 72 77 43 61 (France) ● +44 (0) 203-002-8247 (UK) [email protected] ● www.narip.com ● @narip ● youtube.com/narip facebook.com/naripFB ● Instagram: NARIP ● http://linkd.in/NARIP-LinkedIn

Upcoming Events NARIP is the biggest music business network in the world. We promote career advancement, education and good will among record executives.

Paris Apr 03 How To Place Music In Hollywood Films, Television and Trailers Apr 05 NARIP Trailer MSS w/ Big Picture Entertainment’s Marcy Bulkeley Apr 05 NARIP Film & TV MSS w/ Firestarter’s Andrea von Foerster Apr 06 NARIP Trailer MSS w/ Big Picture Entertainment’s Marcy Bulkeley Apr 06 NARIP Tilm & TV MSS w/ Firestarter’s Andrea von Foerster

Los Angeles Apr 13 NARIP Music Biz Brunch at Weinglass Music Apr 24 NARIP Film & TV MSS with VH1’s Paul Logan May 01 NARIP Trailer MSS w/ Trailer Park’s Toddrick Spalding

New York Mar 30 NARIP Music Biz Brunch @ Sandshifter Music TBA More NARIP Film, TV & Ad Agency Music Supervisor Sessions

Atlanta Mar 13 Music Publishing Deal Mock Negotiation April 17 NARIP Panel - save the date (Topic: Artist Branding) Apr 20 NARIP Music Biz Brunch at Silent Sound Studios May 15 NARIP Panel - save the date Jun 12 NARIP Panel - save the date

Austin Mar 13 NARIP Film TV MSS with Andrea von Foerster @ SXSW – *FULL* Mar 13 Expert Networking w/ YouTube Music, xBox, Tracks & Fields & Glassnote Execs

Houston Mar 17 NARIP Music Biz Mixer @ ZapBoomBang Studios Mar 23 NARIP Music Biz Brunch @ Media Tech Apr 30 Music in Advertising

Phoenix Mar 30 NARIP Games MSS with PlayStation’s Alex Hackford

London TBA NARIP MSS w/ Chop Shop’s Alexandra Patsavas (Twilight, The O.C.) TBA NARIP MSS w/ Aperture’s Jonathan Leahy (Community, Girls, Raising Hope) TBA NARIP MSS w/ Go Music’s (, Longmire, Dexter)

Key: MSS = Music Supervisor Session. Dates subject to change.

Get details, register, subscribe FREE at narip.com, call 818-769-7007, follow @narip Missed a NARIP program? Get it at narip.com/shop. Can’t attend? Join us in a Google Hangout.

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Excerpts from Tess Taylor’s forthcoming Music Licensing Handbook @TessTaylor, @NARIP © 2013 Tess Taylor. All rights reserved, unauthorized duplication prohibited.

Having created NARIP’s Music Supervisor Sessions and interviewed almost fifty of the top music supervisors in the film, TV, trailer, games, trailer and advertising sectors, I want to share a few tips I’ve gathered from them to help you get the music you represent into the right hands and licensed!

Music placement has become intensely competitive, especially with more independent artists than there are molecules in the universe, all of them wanting placements. When you seek to place music you compete with them (the abundant indies) as well as with major artists and their labels, major music publishers and all the indie labels and publishers, production houses and music libraries for the short attention spans of busy, over-worked, frequently under-paid music supervisors. You should therefore research, research, research and target, target, target. Don’t waste someone’s time with a bad or poorly targeted pitch, this marks you as an amateur. And lazy.

Pitching isn’t hard but it takes great (and appropriate) music, good timing, impeccable meta data, good relationships and FAST, personalized service when someone wants to license your material.

Set Ego Aside Some of the best advice I have heard to make more placements is to set ego aside and write (or pitch) material that serves the picture. This may be more difficult advice for the songwriter or producer who pitches his own material – it is natural to become attached to something we’ve written or created. While I believe that music is one of the finest inventions of mankind, it’s clear that with film, TV, trailers, games and advertising, music must serve the characters and / or advance the story or support the product. To this end, being adaptable and willing to re-write or change music to fit a scene is smart and will result in more placements for you. When entering the placement arena, you shouldn’t be too precious about the music.

Preparation & Research: First Impressions Count Whomever you choose to pitch to, you would be wise to conduct research first. You may safely assume that any busy music buyer or supervisor receives tons of new material every day (Andrea von Foerster says she gets over 1,000 emails per day, literally) so the way in which you present yourself and your music is important. Sloppy presentation is an early indicator that your data and record-keeping is probably sloppy, too, whether you present yourself in person, on the phone or via email. In the world of licensing, sloppiness breeds suspicion and distrust. In an email to a music supervisor, address him by name and make sure his name is spelled correctly (cut-and-paste introductory emails in which you forget to change the name of the recipient is a red flag as to your low level attention to detail, a big strike against you). No spam. That’s a sure sign of an amateur, laziness and poor research skills. These go hand in hand with bad administration that

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leads to legal snafus and litigation, people losing their jobs, things everyone wants to avoid. Impeccable presentation of yourself and your music (with data) are key.

For my part, anyone who applies for a job at NARIP and (1) spells my name wrong, or (2) addresses his email as “To Whom It May Concern” or “Dear Sir or Madam” is immediately disqualified from ever working here – I wouldn’t hire a person so lazy that he can’t look up our Web site and find my name. Would you want someone like that handling your business? No way! Avoid sloppy emails!

Write More About Less A “smart ” as John Houlihan puts it is a song such as ’s “Beautiful Day” which is a theme so broad that it has almost infinite applications. This song been placed countless times. Keep the lyrics general and write about common themes for more placement opportunities. I’ve seen dozens of briefs from trailer music supervisors that seek songs with the following moods or themes: uplifting, triumphant, happy, energetic, fun, upbeat, heroic, creepy, dark, scary. Ad agency supervisors also look for happy, upbeat, energetic, quirky and fun. In the words of Saatchi & Saatchi’s Ryan Fitch, “sad, depressing songs don’t help sell stuff.”

Keywords Keywords have become increasingly important because of the oceans of music out there. Yours may be the greatest song ever, but how to find it? Providing a short and accurate description of each song is immensely helpful when a supervisor is trying to find a song like yours and may not have time to listen to many tracks. Keywords may include a description of the 3 or 4 most prominent instruments in a song, the mood, male or female vocal and other descriptors. Here is an example of a good description with keywords for one song:

“Anthemic with big brass chorus at :35, prominent instruments include roaring guitar, bass and trombone. Lyric speaks of courage and overcoming obstacles against difficult odds, heroic, uplifting, positive and inspiring.”

It is useful to provide such a description with any special characteristics of a song for EACH song. We live in a universe of endless data where the SEARCH function has become increasingly critical. Keywords help people find YOUR material.

Meta Data The importance of metadata has been emphasized repeatedly. Once you have keywords and a short, accurate description of each song, make sure all tracks submitted are clearly marked with this information as well as rights owner(s) contact details, artist, songwriter(s), publishing and master-owners, one-stop (yes or no?), etc. It is highly recommended that BEFORE you email a track out you test it yourself on several computers (Mac and PC) as well as email it to yourself. Some meta data doesn’t render well in certain file formats (such as .wavs) and/or doesn’t translate well when being sent from one operating system to another (Mac to PC or vice versa). Most supervisors will trash your track if it’s not properly tagged – they simply don’t have time to play detective and find you, and they won’t tag it themselves.

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Please take a moment to review the info about metadata below (and read related articles) because anything that helps a supervisor receive, categorize, archive and retrieve music is worth noting, and your attention to these details makes you easier (and therefore more desirable) to work with from his or her standpoint.

For songs, be sure to include the following:

1. Artist 2. Writer(s) and splits, if any 3. Publisher(s) and splits, if any 4. Master Owner(s) and splits, if any 5. organization(s) also known as PROs 6. Indicate if the song can be cleared with “one stop” 7. Contact details including name, address, phone number(s), email, Web site

In addition to the fields above, Jessica Dierauer, of Music & Creative Content for Young & Rubicam, told us that she appreciates the following (and while she works in advertising specifically where music clips tend to be shorter most of these tips are useful generally as well):

- Inclusion of tracks (if they exist) + timing - :15, :30 and :60 cuts of the track - Top 3 - 5 instruments used in the track - Any special attributes of the track such as "swells at :20 mark" or "key change from major to minor at :46" or "anthemic" and other distinguishing characteristics or emotional moods of the song.

Format Make sure you know the preferred method of delivery for the music supervisor you wish to reach. If you don’t know, ask. If you can’t seem to find out, send an email with LINKS (no attachments). If sending a CD, unless you receive specific instructions to the contrary, it should be in a jewel case with a spine (and not in a sleeve or in a slim-line case) for one important reason: CDs are put on shelves or in stacks, and the only way to know what they are is by reading the spine. A CD in a sleeve or in a slim-line case on a shelf or in a stack is invisible. Any music supervisor worth half a grain of salt has thousands and thousands of CDs in stacks all over the place (although some have gone purely digital and no longer accept physical CDs). For placement purposes at the very least, jewel case with spine is REQUIRED and make sure that the writing on the spine isn't fancy, it has to be EASY TO READ (suggest bold black type on white background in a simple font like Times New Roman, Helvetica or New Century Schoolbook).

One-Stop Is the material one-stop? If so, you should sticker BRIGHTLY both the jewel case and the CD itself, and BE SURE TO INCLUDE THIS in your meta data. One-stop makes a world of difference.

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In Production: Where To Find Who’s Working On What © 2013 Tess Taylor. All rights reserved, unauthorized duplication prohibited.

Getting in early on a film or television show or any project is key to getting music placed. But how to do this, and where to look? Most supervisors don’t respond to emails asking what they are currently working on, you’re often expected to find this out yourself.

So here are a few resources from which you can learn about film and television projects in the planning and production stages BEFORE they wrap. Most (but not all) are by subscription, some are free. Good luck!

• IMDB.com (FREE): lists credits for films, good to use to look up who's worked on what. www.imdb.com

• IMDB Pro (subscription): Publishes details about projects in production and key personnel (such as music supervisors, producers, etc.). www.imdb.com --> see PRO section.

• The Hollywood Reporter (subscription) lists productions along with names, company, address, phone number, case and crew credits usually Wednesday or Thursday each week.

• Another Hollywood Reporter paid subscription is a list of feature films in production and in pre-production, as well as television shows in production: http://www1.hollywoodreporter.com/hr/tools_data/production_listings/index.jsp

• Backstage Magazine (subscription) focuses on talent, casting and production. On the bottom right side of the home page there is a feature listing film and television productions in both NY and LA. www.backstage.com

• LA Times Calendar Section features upcoming productions twice a year. You can calculate that the film release date is ca. 18 months from commencement of .

• FREE: Nikki Finke's Hollywood Deadline is a great source for film info: www. Deadline.com

• FREE: Find independent film makers and A&R them, check out independent film festivals, student film and cartoon festivals. Find film maker talent in the early stages and get to know them before everyone else!

# E N D #

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Important Deal Points in a Music License Agreement

(see sample music license agreement on page 9 for detail)

1. Licensed Content

 Limited rights license  Exclusivity  Scope of rights – use in TV, end credits, background, trailer  Territory  Need to secure master (performance) and copyright (publishing) rights  Use of name and likeness of talent (may not be applicable in advertising)  Is it a promotional or commercial use? Probably depends on who is the licensor.  Fees depend on popularity of selection / artist, scope of use (theme, background, foreground, integral to story, etc.), duration of use in the scene or show, term of license, and breadth of grant of rights.  The power of familiar licensed music is that it can instantly evoke a time and place. The power of music generally is it can instantly establish an emotional context.

2. Score

 Custom music written to cues  Owned by producer / publisher  Budget / fees depend on level of the talent, duration of the work, number of cues, and required production values – e.g. orchestra and chorus vs. in-studio  Compensation: fee on a per-minute basis; if priced “per-project,” limit duration of work  If super low budget consider limited license of work, with options for further rights, rather than assignment.  Further income from ancillary use of music (applies largely to film and TV):

o ASCAP / BMI / SESAC or other performing rights society (SACEM, PRS, etc.) o Audio CDs o Digital phonorecord deliveries o Ringtones o Interactive streaming

 Credit: fully negotiate your credit – in the project, and billing with every re-use. NOTE: this is applicable for film and TV uses, not for advertising.

o Are you the ? Producer? Conductor? Performer / artist? o If there is to be a CD, will you be credited on the front CD cover as the performer or composer or conductor of the music? This is an opportunity to extend the career of the artist.

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Synchronization License Request

Courtesy of Hear It – Clear It Music Supervision Film & TV Music Clearance A Division of Preyer Entertainment Group

P. O. Box 2348 ~ Round Rock ~ Texas ~ 78680-2348 Phone: (512) 913-8594 ~ Fax: (512) 233-2590

January 4, 2013

Music Clearance Contact Name: Dominique Preyer (Music Supervisor) Address: P.O. Box 2348, Round Rock, TX 78680-2348 Phone Number: (512) 913-8594 Fax number: (512) 233-2590 E-Mail: [email protected]

Licensee Name: ABC Film, LLC Contact Name: John Doe Address: 2012 South Brady Drive, , CA 90025-5690 Phone Number: ______Fax number: ______

Production Title: “The Life of My Dog” Production Co.: Sunset Films Distributor: XYZ Distribution Length of Film: 105 Minutes Synopsis: Frankie’s dog was run over by his father and Frankie’s life is ruined, from his perspective. Frankie’s way of dealing with the loss of Sniffy is to tell everyone about Sniffy’s life.

Compositions: “Life is Ruff” Writers/Arrangers: James Michael Bloom (BMI) Publisher/Admin: James Michael Bloom (BMI) Artist: Mystic Journey (Label): Animals (JMB Records)

Territory: Worldwide Media: All Media Term: Perpetuity Use: Background Vocal (BV) Duration: 03:13 Scene: Song plays over a montage of Frankie & Sniffy over the last five years.

Release Date: July 2013 Production Budget: $125,000 Music Budget: $10,000

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SYNCHRONIZATION & MASTER USE LICENSE AGREEMENT Courtesy of Dominique Preyer ● Hear It Clear It Music Supervision

This sets forth the agreement, dated APRIL 4, 2013, with respect to this LICENSE AGREEMENT (hereafter referred to as “Agreement”), between GROOVY TIME MUSIC (o/b/o ITSELF AND SWITCH BLADE RECORDS) its successors and assigns (collectively hereafter referred to as “Licensor”) and GOLDEN DOVE FILMS, its successors and assigns (hereafter referred to as “Licensee”) in connection with the feature film production currently entitled “THE ODDITIES OF LIFE” which shall be referred to herein as the “Picture.”

1. a) COMPOSITIONS AND SOUND RECORDINGS: LOST IN THE MIX b) : JUSTIN MICHAEL ROVI c) PERCENTAGE OF LICENSOR’S CONTROL/OWNERSHIP: 100%

1. TERRITORY: WORLDWIDE

2. TERM: PREPETUITY

3. MEDIA: ALL MEDIA (KNHD)

5. TYPE AND LENGTH OF USE: ONE (1) BACKGROUND VOCAL USE TWO MINUTES, FIFTY-EIGHT SECONDS (02:58)

6. GRANT: Licensor hereby grants Licensee, to the extent of its interest as specified in Paragraph 1(c), the non-exclusive license, privilege and authority to use the Composition and Master Recording referred above in Paragraph 1(a) for the purpose of exploitation of the Picture (as more fully defined below) embodying the Composition and Master Recording in synchronization or timed relation with visual images comprising the Picture, in accordance with the terms, conditions, and limitations set forth in this Agreement in media specified in Paragraph 4 to also include, but not limited to, the right to;

a) make and distribute videogram copies of the production embodying the Master Recording and to distribute such videogram copies to the general public and for "home use" anywhere in the licensed Territory. "Videogram" shall include any and all audio and visual devices whether now known or hereafter devised, such as video discs, video cassettes, , iPods, and all similar compact mobile and wireless audiovisual devices;

b) use the Master Recording or excerpts therefrom in-context in which it is contained in the Picture in any media in connection with the advertising or promotion of the Picture thereof, to include trailers, whether radio or television commercials or otherwise.

7. LICENSE FEE: In consideration for this Agreement and the rights licensed hereunder, Licensee agrees to pay to Licensor a non-recoupable sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) promptly following the complete execution of this Agreement.

a) Licensee shall mail two signed copies of this Agreement along with payment to the Licensor’s address as set forth in Exhibit A.

b) Licensee shall have the option to deliver this Agreement by any means of electronic delivery. This Agreement in fax, scanned or other electronic form shall be evidence of the original signature and shall be as effective in law as the original Agreement showing the original signatures. Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 9

8. CUE SHEET: Licensee shall furnish Licensor with a complete and accurate music cue sheet and submit the cue sheet to all applicable performing rights organizations within thirty (30) days of the release of the Picture.

9. SCREEN CREDIT: Licensor shall receive the following screen credit:

"Lost In The Mix" Performed by JuRovi Written by Justin Michael Rovi Published by Groovy Time Music Courtesy of Switch Blade Records

10. PUBLIC PERFORMANCE: The exhibition of the Picture in the United States by means of television and on-line services is subject to Licensee having current performance licenses therefore from the appropriate performing rights society, i.e. ASCAP/BMI/SESAC, etc. If Licensee is not licensed for such performing rights, such exhibition is subject to prior clearance of the performing rights from the appropriate society.

11. WARRANTY: Licensor warrants that it is the owner or has the right to represent the owner or owners of the Composition and Master Recording for the interest specified in Paragraph 1(c) and has the right to grant this Agreement for that interest only. It is given and accepted without other warranty or recourse, express or implied, except for Licensor’s agreement to repay the consideration paid hereunder if said warranty shall be breached.

12. RESTRICTIONS: This Agreement does not include any right or authority to make any use of the Composition and Master Recording not authorized by its express terms. To avoid any misunderstanding, this Agreement does not grant the right to: (a) use the title or subtitle of the Composition and Master Recording as the title of the Picture; (b) perform the Composition and Master Recording as synchronized in the Picture on the Internet in any environment where the viewer is invited to manipulate the Composition and Master Recording in a non-linear progression (for clarification, the inclusion of expository material and/or chapters stops or other locator codes of any kind on the applicable storage device shall not be deemed or constitute a “non- linear” or “interactive” format); (c) embody the Composition and Master Recording on records (including, without limitation, a soundtrack album related to the Picture) or in any audiovisual works other than the Picture.

13. INDEMNIFICATION: Licensee shall defend, indemnify and hold harmless Licensor and its respective officers, board members, directors, employees, agents and representatives from and against and hold each of the foregoing harmless from all claims, actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorney’s fee and costs, resulting from any breach of the foregoing representations and warranties.

14. REMEDIES & CURES: In the event that Licensee, or its assigns, breaches this Agreement, then this Agreement will automatically terminate. Such termination shall render the distribution, licensing, or use of the Composition and Master Recording as unauthorized uses, subject to the rights and remedies provided by the laws, including copyright, of the Territory. No failure by Licensor or Licensee to perform any of its obligations hereunder shall constitute a breach of this Agreement unless one party (notifying party) has given the other party written notice of such nonperformance and fails to cure such non-performance within thirty (30) days of its receipt of such notice. Neither party shall seek any form of equitable or injunctive relief.

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15. ANCILLARY PERMISSIONS & PAYMENTS: In connection with any such payments, Licensee warrants, represents and agrees that each artist (as that term is defined under the AFTRA Code (hereinafter defined)) whose performance is embodied on the Master Recording will receive not less than the compensation and other economic benefits having a substantially equivalent economic cost to Licensee as those which would be payable to each such person if Licensee were a signatory to the applicable union collective bargaining agreement in the relevant medium for such use. Licensee hereby agrees, in consideration for the use of the Master Recording and for the express benefit of the American Federation of Television and Radio Artists (“AFTRA”) and its members affected thereby, to make the above payments (including all social security, withholding, unemployment insurance and disability insurance payments, and all appropriate contributions to the AFTRA Health and Retirement Funds), if applicable, and to be bound by and comply with the arbitration provisions (and the procedures contained therein), if applicable, found in the AFTRA National Code of Fair Practice for Sound Recordings (the “AFTRA Code”). It is agreed and acknowledged that the terms of this subparagraph are intended to apply only if the Master Recording is subject to the AFTRA Code.

16. CHOICE OF LAW AND FORUM: This Agreement shall be governed by and be subject to the laws of the State of Texas applicable to agreements made to be wholly performed within such State. Any action with respect to the interpretation or enforcement of this Agreement shall be heard solely in a federal or State Court of competent jurisdiction within Travis County and both parties hereby submit themselves to the personal jurisdiction of such courts for such purposes.

This Agreement supersedes all other agreements between the parties, either oral or written, and constitutes the full agreement between the parties unless amended to the contrary in writing and signed by both parties. All notices shall be in writing and shall be addressed to the respective party at the address set forth in Exhibit A, or to such other address as may be designed in writing.

Accepted and Agreed by:

______Groovy Time Music Date (Licensor/Authorized Signatory)

______Golden Dove Films Date (Licensee/Authorized Signatory)

DISCLAIMER The information contained in this document is provided solely for educational and general information purposes and shall not be deemed legal advice or counsel. As such, NARIP shall not be liable for any damages resulting from the use of such information contained in these materials. The information provided in the foregoing document may not reflect the most current developments in the law and is general in nature and, accordingly, said information should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your state. You should hire an attorney before entering into any agreement or contract.

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EXHIBIT A

Licensor

GROOVY TIME MUSIC Attn: Michelle Smith 10422 Aristocrat Drive Austin, TX 78703 p: (512) 555-5873 e: [email protected]

Licensee

GOLDEN DOVE FILMS Attn: Donald Avery 5606 Great Oaks Drive Austin TX, 78751 p: (512) 555-9888 e: [email protected]

DISCLAIMER The information contained in this document is provided solely for educational and general information purposes and shall not be deemed legal advice or counsel. As such, NARIP shall not be liable for any damages resulting from the use of such information contained in these materials. The information provided in the foregoing document may not reflect the most current developments in the law and is general in nature and, accordingly, said information should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your state. You should hire an attorney before entering into any agreement or contract.

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MUSIC CUE SHEET

Show: [PROJECT TITLE] Production Year: [Pdn. Year] Media: [Theatrical, Cable, etc.] Producer: [PRODUCTION COMPANY] Episode #[Episode #, if Series] [Address] First Air Date: [First Air Date] [City, State, Zip, etc.] Attention: [Contact Person]

Usage Legend: VV=Visual Vocal • VI=Visual Instrumental • FV=Featured Vocal FI =Featured Instrumental • BV=Background Vocal • BI=Background Instrumental

Cue # Cue Title Time Usage Writer Publisher [Cue #] [Cue Name/Theme/etc] [Time] Main Title [Composer Name/Org/%age] [Publisher #1, Affil & %age] Opening Theme [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] Score Cues [Time] BI [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] Score Cues [Time] BI [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] [Cue Name/Theme/etc] [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age] [Cue #] Closing Theme [Time] End Title [Composer Name/Org/%age] [Publisher #1, Affil & %age] Closing Credits [Cue #] Logo [Time] [Composer Name/Org/%age] [Publisher #1, Affil & %age]

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 13

SONGWRITER'S SPLIT AGREEMENT Courtesy of Dominique Preyer ● Hear It Clear It Music Supervision

This Agreement is entered into on ______, 2013 with respect to the following Composition and Master Recording entitl______. The undersigned songwriters collaborated in the creation of the above Composition and Master Recording of which the title, lyric and melody are considered a whole and inseparable unit with the following understanding:

1. All earnings from the song will be divided as follows: a. Writer: ______(Print Full Legal Name)

Writer Split: _____ % Publishing Split: _____% Master Split: _____%

Affiliation: ASCAP BMI SESAC (circle one)

b. Writer: ______(Print Full Legal Name)

Writer Split: _____ % Publishing Split: _____% Master Split: _____%

Affiliation: ASCAP BMI SESAC (circle one)

c. Writer: ______(Print Full Legal Name)

Writer Split: _____ % Publishing Split: _____% Master Split: _____%

Affiliation: ASCAP BMI SESAC (circle one)

2. All the writers shall have equal rights to issue licenses for any use of the Composition and Master Recording.

3. Writers agree that any future changes to the Composition and Master Recording will be mutually agreed upon.

4. In the event a songwriter signs a publishing agreement with a , their publisher is only entitled to the share assigned to the songwriter as outlined above. All other songwriters will retain and administer their own publishing share.

This Agreement supersedes all other agreements between the parties, either oral or written, and constitutes the full agreement between the parties unless amended to the contrary in writing and signed by all parties.

Accepted and Agreed: a. Signature: ______Date: ______b. Signature: ______Date: ______

c. Signature: ______Date: ______

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Important Metadata Courtesy of Steven Corn of BFM Digital ~ BFM Digital

These categories of metadata are typically associated with each music release. The more you can manage, track and keep this information organized (and have it instantly accessible and/or embedded in tracks themselves via ), the better. It is easy to embed metadata into MP3s using iTunes, and various other simple apps exist as well. NOTE: some of these fields refer to rather than tracks, but always include as much info as you can, including contact details.

1. Master Label Name 14. Vol # 2. Label 15. Number of Discs 3. UPC EAN 16. Composer 4. IDType 17. Publisher 5. Album Version 18. Performing Rights Organization (PRO) 6. ISRC 19. Genre 7. Artist 20. Sub-Genre 8. Album 21. Year 9. Track Artist 22. Release Date 10. Track Title 23. Territory 11. Timing 24. Distributor Restrictions 12. TK # 25. Start Date 13. Track Count 26. Stop Date 27. Explicit

For songs (rather than albums), be sure to include the following:

1. Artist 2. Writer(s) and splits, if any 3. Publisher(s) and splits, if any 4. Master Owner(s) and splits, if any 5. One-stop 6. Contact details including your name, address, phone number(s), email, Web site

In addition to the fields above, Jessica Dierauer, Executive Producer of Music & Creative Content for Young & Rubicam, said that she appreciates the following:

 Inclusion of instrumental tracks (if they exist) + timing  :15, :30 and :60 cuts of the track  Top 3 to 5 instruments used in the track  Any special attributes of the track such as “swells at :20 mark” or "key change from major to minor at :46" or "anthemic" and other distinguishing characteristics or emotional moods of the song.

Recommendation: Ed Razzano, VP Film & TV and Catalog Marketing for BMG Chrysalis, recommends that when submitting music for placement to create a DATA disc of MP3s. This allows you to incorporate metadata that enables the end user to pull this metadata onto iTunes, making it easier for the end user to drag & drop, identify and manage the song(s) and all information associated with it.

Sources for more info: www.Gracenote.com: provides advanced media identification, management, discovery and enrichment solutions that enhance consumers' music and video

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 15

How To Market Music For Trailers An Interview with Marcy Bulkeley, Music Director, Big Picture Entertainment © 2013 Tess Taylor. All rights reserved, unauthorized duplication prohibited.

One of the most prolific users of music in the business today, Marcy Bulkeley is constantly on the lookout for new music, new sounds, , artists and publishers to work with. As Director of Music at Big Picture Entertainment, a film marketing agency, she is tasked with creating trailers – or advertising – to help promote and sell Hollywood’s biggest blockbusters and other projects. She’s shares tips with NARIP here on how to get in, get material heard and licensed.

Tell me about Big Picture Entertainment, how do they work and operate?

Big Picture Entertainment is a full service theatrical, brand, and consumer product marketing company that works with every major studio to create effective advertising campaigns for their films. Recently we expanded our services to include multimedia production, commercial advertising, Web series, special content for films and TV. We are a full service commercial agency.

Let’s talk about your latest projects - what are you working on now and in the coming months?

Right now I have about 7 or 8 different projects happening, World War Z, Last Vegas, This Is The End, Grown Ups 2, The Internship, Noah, NCIS Red (TV show), Runner Runner and a Web series that is in production. It changes a lot as new projects come in constantly. It’s best to IMDB.com all of these films to understand the range of what I am working on. They include everything from comedy to thriller to horror.

Does Big Picture have in-house music producers, composers, or do you start browsing and selecting music from scratch for every project?

We have one editor who writes music and does for us occasionally, but if custom composed music is needed for a project, or any music other than commercially known music, I have music production libraries that I have great relationships with. I’ll send a description of my project to them and they will pitch me options from their catalog. I do get a lot of opportunities to have music custom composed though, which I love. I know a lot of composers and am always looking for more. I know what styles all of them are really strong in so I can go to a couple with my needs and get something written pretty quickly. This is what we did for the Inception campaign. I had a reference cue from another movie, [it was] sort of wrote inspired by that and also by Hans Zimmer’s score to the film. But I’ve also done smaller scale custom projects, it’s all project dependent - 99.9% of the time I browse and select music from scratch for each project.

How does someone get on your search list and stay on it?

By sending me chocolate. Just kidding. Very much kidding!! I have been building relationships with and producers for about 10 years now, they all started with an email, meeting in person and have built into solid professional relationships. I prefer it when someone emails me initially, to just send me 1 or 2 songs and in the subject line put the genre/style they are absolutely strongest in. I might not get to their email right away, but if I am busy I will file it in a folder for that specific genre/style and then go back to it when I Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 16

have a project that calls for it. If their music stands out to me, and they are easy to work with, I will continue working with them and send them searches. Also, if they put ALL of their metadata into their music files I will definitely work with them again. If they reply in a timely manner, and if they are open to possibly making changes to their music to fit my project, if they have available to me right away… all these things help! The film trailer world is very, very fast paced, we need things to happen very quickly in order to keep our clients happy. I need people who can work quickly with me.

What chances do independent publishers, musicians and composers have to pitch their songs and secure licenses in modern media? What can they do to improve their chances?

They can do as I said above, make sure their information [metadata] is in every music file, only send me a handful of songs at a time, and a brief email. The chances are VERY good for independent publishers, musicians and composers. I love working with independents, it is so easy and fun for me and we get a chance to get much more creative than we would with working with a major label artist, there is more flexibility. Also, my budgets range from $0 to $$$$ lots, so independent artists willing to be flexible with compensation at first will absolutely be hired again and used on higher paying projects in the future, this happens a lot.

How have NARIP Music Supervisor Sessions helped you do your job?

Sooooooo much! I have discovered SO much incredible talent through the NARIP sessions. Some truly amazing artists. They have given me access to composers that I send searches to all the time, independent publishers that I didn’t know existed but happen to have some of my favorite smaller artists. They are so useful to me, I never know what I’m going to get and I always get a lot and I keep in touch with everyone that I’ve met at these sessions.

What’s the most lucrative area of sync?

I think trailers are the most lucrative because studios are willing to spend the money on marketing to get people to see their film.

What kind of music is trending at the moment?

Hip-pop, pop/hip-hop hybrid stuff. And anything that sounds like The Black Keys, southern rock.

What is the best way to pitch music to you?

EMAIL and email only.

# # #

Sources for More Info: See Marcy Bulkeley’s Executive Profile on page 32 http://365music.wordpress.com/author/marcyb52/  Marcy’s Music Blog www.bigpic.com www.IMDB.com

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 17

How To Market Music For Trailers: Top Tips From Ignition Creative’s Natalie Baartz

By Natalie Baartz, Director of Music, Ignition Creative (www.ignitioncreative.net) © 2012 Natalie Baartz, published by NARIP with author’s permission. All rights reserved.

Send a sampler CD and digital download link of your top tracks that you think would be useful for trailers. If you don’t know what kind of music trailers use I would watch a ton of them on the apple trailers Web site. Typically we need tracks that build and get really big, or for comedies they should have a great energy and have good stops and starts.

I like to receive CDs and also digital links in emails. I may go through CDs in my car, but I will never have time to import them in the office. If I like something I always need a link to bring it in quickly.

Don’t keep calling. Normally I don’t want to pick up the phone, as I am trying to listen through music as quickly as I can to get a search done. If you really want to call, ONLY CALL ONCE, then send a follow up email.

Put your contact information in the metadata of the CD. This is VERY important. We rarely keep CDs as we don’t have enough storage space. If the contact info is not there, it will be hard to track down who to license from in the future.

HOW TO RESPOND TO SEARCHES:

 Once a music supervisor has added you to his search list, you then give yourself the best chance that he will pick from your tracks above all the other submissions.

 If I send a search, I’ve probably sent it to a few people. So don’t call to ask questions, it just gets annoying. Respond via email with your questions. If you do it quickly, I will definitely get back to you. Always be aware that we are never just working on one project, but probably multi tasking on a ton of projects. This means optimum listening time. I can rarely spare any listening time to talk on the phone.

 We are always under extremely tight dead lines, the first person who sends music normally gets pitched to the editor. We normally have to turn a pitch around in 1.5 hours.

 If the deadline has passed, don’t send music. Wait to get in early for the next search.

 Only send your best ideas that fit the brief. I wouldn’t pitch more than 5 ideas.

 Don’t pitch a song that’s already been in a trailer. We rarely pitch a song that has already been used in other trailers (unless it has been at least 5 years passed or it was a small use/ small movie trailer).

 Make the tracks super easy to download and always tagged with artist and contact info in the meta data.

 Don’t follow up or check in… if we like a song, or end up using it. We will definitely let you know.

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 18

 If you want to be available on ichat that is really helpful, that way we can chat away why I still listen and work.

 Avoid asking what the project is if I haven’t been specific. Our jobs are competitive and we are not technically allowed to tell people.

 Have instrumentals readily available. Our editors often ask for a capellas and stems as well. They will begrudgingly cut in a track without an instrumental. If we end up waiting for three days for an instrumental the editor will have already moved on to another song.

# # #

About Natalie Baartz

A music supervisor for over 10 years, Natalie Baartz is Music Director at Ignition Creative where she manages the music department and is in charge of all music for all projects. As well as pitching a huge range of commercial artists, she also works closely with composers, DJs, and remixers to do custom scores (orchestral to dubstep). While at Ignition she has been responsible for such high profile campaigns as Martin Scorsese’s Hugo Cabret, Spielberg’s Tin Tin, 2011 Sundance winner Like Crazy, Super 8, Devil’s Double, Another Earth, 30 Minutes or Less, Fright Night, Transformers 3 and Battleship, as well as multiple primetime television show campaigns, most recently HBO’s Luck. Prior to Ignition, Natalie worked for four years as a music supervisor at the Ant Farm trailer house, selecting commercial music and working with composers on score for movie campaigns, building a foundation in dealing with the marketing departments of all of the major film studios. She worked on several prominent campaigns including Warner’s Where The Wild Things Are (garnering the Golden Trailer Award for Best Music with Arcade Fire), Sony’s Julie and Julia, and Eat Pray Love, (which set Florence and the Machine on the map with the use of Dog Days Are Over); Universal’s It’s Complicated, Paramount’s Iron Man, Star Trek, Transformers 1 and 2 and The Reader for the Weinstein Company. While at Ant Farm she also supervised numerous video game trailers. Prior to getting into entertainment advertising she spent four years working with supervisor John Bissell where she started as an intern and was eventually promoted to music supervisor. During her time with Bissell, she worked on studio and independent features including Ladder 49, Lord of War, You Kill Me, The Architect, 10th and Wolf, and Junebug. Natalie completed her Bachelors Degree in Film and Media at the College of Cheltenham in England before moving to Hollywood to pursue her music supervision career. Her main passions are composers and film score, and she constantly seeks new, innovative composers for her projects.

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 19

Top Ten Tips to Market and License Music for Film & TV by Carolyn Richardson © 2011 Carolyn Richardson, published by NARIP with author’s permission. All rights reserved.

1. It’s not about you Find out what projects people you want to contact are working on and what they have been credited with in the past and use that as a means to get more information about what they are looking for and more importantly what they are not looking for 2. Know the show (company) If a music supervisor works certain shows, find out what recent placements were and use that as a way to narrow down what you submit. 3. Know the artists Contact artists and songwriters who have frequently been placed on certain shows and ask them for advice – you lose nothing if they don’t respond. 4. Know the boss and the assistant As important as music supervisors like to be, we are at the mercy of directors and producers who have their ideas about what they want. Find out the power players for each show. Start with the composers if applicable, music editor, director, writer and producer and perhaps the marketing executive or promos editor. Knowing their names allows you to converse about what a music supervisor may be dealing with. Also do not forget that most music supervisors’ first point of contact with a new artist is from their assistants or people who work under them. Be nice and you may get a mention. Be mean, and they may forget you exist. 5. Know the work flow Find out the taping schedule of major TV shows and films you seek placement on and track their status, by knowing when they are in pre-production, filming, and post-production, you can determine what kind of priorities a certain music supervisor may have. 6. Think outside the box office Face-to-face encounters still hold the most weight. Find a creative way to meet decision makers in their element. Become an expert on their scene and whereabouts and become a part of the community. 7. There’s no such thing as good music Depending on what I am looking for, the best song I’ve heard in a decade could be bad music. Do not send specific songs that may be really good without tying them into specific emotions and experiences. 8. Keep the details all in one place Have every available version of a song in one folder, labeled properly with ID3 Tag info that includes the genre, lyrics, emotions the song evokes, as well as composers full names and PROs, publishing companies with contact info, master owner with contact info, splits, and in another place keep bios, headshots, contact information, and copies of each submission you’ve made. This is a music supervisor’s dream, get as close to making our dreams come true as possible. 9. Follow other songwriters This is self-explanatory. Get on the email lists of artists who are continually getting placements, find out who manages them, who books them, and whether they are affiliated with any music consulting firms or lawyers. Their team could be yours. 10. Be predictable, but only after your first few placements Music supervisors like to put artists and songwriters in categories because it helps us do our job efficiently. If you can deliver music that has a similar style and message, chances are we can continually find a home for your music in a number of different projects. If you are all over the place musically and lyrically, then you become unreliable. Some directors like certain artists and when they ask for songs from you, they are basing their request on the last song they liked from you.

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 20

www.INgrooves.com

Jeff Straw’s Top Tips for Music Licensing © 2011 Jeff Straw, published by NARIP with author’s permission. All rights reserved.

• Instrumentals: If the song has lyrics then ALWAYS make sure to have an instrumental version available and have it mastered along with the vocal version.

• Clean It Up: If the song has objectionable lyrics or curse words, have a clean or radio version available and mastered.

• Writers: Make sure to have a written record of all contributing writers’ real names, their publishing affiliations, writer splits and CAE numbers.

• Publisher: If you don’t have a publishing deal, make sure to set yourself up as a writer AND a publisher with either ASCAP or BMI so that you will collect as both the publisher and the writer for any PRO (Performance Royalty Organization) revenue.

• Flexibility: Some of the best opportunities may not have the biggest fees attached to them, but will expose your music to new potential fans. A great example is the Madden franchise. EA just announced its 20th year anniversary edition’s soundtrack, which is big news for the .

• Great Songs: While many seem to think they have the next big hit on their CD, it’s unfortunately not usually the case. Take the time to get feedback on your songwriting, attend songwriting workshops, network with other people and co-write, LISTEN, LISTEN, LISTEN! All of these things will help make you a better songwriter, and great songs always have a way of finding placements.

• Topics: For advertising as well as TV, songs that resonate best are those that are about real life emotions and experiences, but that usually aren’t too specific. Some items that come up pretty frequently in advertising briefs include the topics: Rise Up, Flying, Freedom, Colors, Numbers, Fun, Driving, Move, Better, Happiness, Sunshine, Water, Fire, Ignite, You, Individualism, People, Time, Now, Future, Past. Styles: Heartfelt, Touching, Epic, Dirty, Nostalgic and Inspirational

• Sound: It’s always good to actually watch TV and pay attention to the music. Sometimes what you hear will surprise you. Certain shows have definite feels to them, and it’s important to realize this when sending music to supervisors. Understand their projects and don’t simply send the exact same music to every supervisor you found on a Google search. Songs with tension and release always work better than songs that are flat. Strong builds and dynamics are very important.

• Who? Music supervisors are notorious for being picky about who they accept music from. One great way is to try and establish some of those relationships on your own. The Hollywood Report / Billboard Film and TV conference in LA is a great place to network with that side of the music community. This year’s event happens November 13-14th – they offer several discounts to NARIP, ASCAP and BMI members. Another way is to work with an agency that has those relationships in place AND is excited about your music.

• Cover Songs: While you won’t own any of the publishing, cover songs that provide a new and interesting take on a classic, current or well-known song often find uses for placement.

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 21

Music Licensing Submission Tips By Chris Austria  Director of Music Licensing  IDCLicensing Used with permission.

Make sure to have a professional sounding mix. could potentially play in a movie theatre so all levels must be balanced. Specifically for hip-hop, do not over-compress the tracks. Many songs I listen to are squashed, which degrades the overall quality. Leave room for dynamic range so the engineer has something to work with. Tracks should also be mastered.

It’s great for the kick and bass to be hard-hitting, but applying proper EQ is essential. Roll off some of the low-end frequencies so they don’t dominate the overall mix. Make sure the kick and bass aren’t so much within the same low frequency range or the mix will be muddy. You also may need to carve out some of the high- and mid-range frequencies. All instruments in the mix should have their rightful place instead of competing with each other. Use reverb judiciously.

The vocal performance is a deal breaker. You can have a great song, but if the singer is out of tune, all bets are off. If you don’t have a good voice, hire another vocalist to sing. Do not be afraid of Auto- Tune. A subtle tuning adjustment for a vocal that is slightly out of key can make a significant improvement. Vocals need to be up-front in the mix. Make sure the other instruments don’t detract from or mask the vocalist.

Avoid long introductions. Because we receive so many CDs and MP3s, we only listen to an average of 20 seconds. Grab the listener’s attention in the first few bars. Get to the first verse as soon as possible. Don’t take too long to get to the hook.

Create your own library of sounds and avoid using a lot of pre-set synth patches. Many times, I listen to submissions and can identify the exact Reason patch that a producer used. It is imperative to create your own voice and use good quality sounds.

Do not submit tracks that have samples. Even if they have been cleared, music supervisors are wary of them. Also, if song includes specific names, cities, places, tells a very specific story, or has a lot of regional lingo, it can be difficult to place.

Do not turn in CDs written on with a sharpie pen. Your presentation needs to be professional.

Attach ALL your information to the CD. It is best to have it documented on the jewel case insert. This should include the track titles, all writers, publishing entities, performing rights organizations, phone numbers, emails and Web sites. Also have contact info on the CD itself. If you send a YouSendIt file, make sure to include your contact info in the body of the message.

Title your tracks. After burning a CD, submit track names to Gracenote’s CDDB database so that the songs don’t come out as “Track 1” or “Track 2” when played on a computer

Have instrumental, radio-edited and .wav versions of your songs available..

Join ASCAP, BMI, or SESAC as a writer and publisher. Register tracks with your PRO.

Have your songwriting and publishing splits agreed upon and well-documented.

Contact: Chris Austria  510- 846-2756  [email protected] www.chrisaustriatigers.blogspot.com

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 22

Recommended Reading & Resources By Tess Taylor

When I hear people say they have no time to read, I laugh softly to myself. That’s like saying you have no time to learn or improve. How ridiculous. Take a leaf from my father’s book: he always carried something to read with him no matter where he was, which I do, too. It’s a wonderful habit. If you think the cost of education (and the time it takes) is too high, consider the cost of ignorance. The key to continued success in this world is having an edge and an education. Besides, a library card is free. Books listed here all support the common goal of improving your plan and your skills with respect to music licensing. Happy reading!

Must-Reads For Educating Yourself on Music Licensing

1. Book: Making Money Make Music: An Insider’s Guide To Becoming Your Own Music Publisher by Eric Beall

2. Book: Music, Money & Success: The Insider’s Guide To Making Money in the Music Industry by Jeffrey Brabec, Esq. & Todd Brabec, Esq.

3. Book: Clearance & Copyright: Everything You Need To Know by Michael C. Donaldson, Esq.

4. Book (collection): Kohn on Music Licensing by Bob Kohn

5. CISAC (International Confederation of Societies of Authors and Composers) Global Economic Survey: http://bit.ly/CISAC-Global-Economic-Survey

6. Article: 7 Steps to Metadata Utopia by Simon Pursehouse http://bit.ly/Metadata-Utopia

7. Article: Ryan Fitch's How To Pitch Music Tip Sheet: http://bit.ly/NARIP-Fitch-Pitch

8. Article: Smart : http://bit.ly/NARIP-Smart-Copyrights

9. Article: Top Ten Tips To Market & License Music For Film & TV by Carolyn Richardson: http://bit.ly/NARIP-Ten-Tips-To-License

10. Article: How To Approach Music Supervisors by Tess Taylor http://bit.ly/NARIP-Approach-Music-Supervisors

11. Article: 5 Interesting Facts About Music & Video Games by Stacey Horricks http://bit.ly/NARIP-Music-In-Games

12. Article: Should You Sign With A Non-Exclusive Library? Get the Facts Before You Decide: http://bit.ly/Non-Exclusive-Library

13. Article: A Voice from the "Dark Side" Confessions of a Re-Titler: http://bit.ly/Dark-Side-Retitling (rebuttal to article about re-titling)

Compilation © 2013 NARIP. All rights reserved. Got docs? Resources, form agreements & more at narip.com 23

Glossary of Music Licensing Terms © 2006 Gael MacGregor ● [email protected]

Provided courtesy of MS-PRO at MUSICSUPERVISOR.COM Used by NARIP with permission

All-In

Composer: “All-In” for a Composer means that the composer will deliver the score in final format to the producer for one, all-in fee. This means Composer will usually do a “synth score” in which all music is recorded via digital means, using instrument samples, etc. If Composer needs to use a live guitar or sax player (or whatever), he has to pay the player from their own pocket.

Songwriter: “All-In” means BOTH the master use and synchronization fees are combined into one “all-in” fee for licensing the song.

Arranger: Not to be confused with the composer, although composers often arrange their own music—especially anyone whose name isn’t John Williams or another A-list composer (they’re the ones who can afford to have their nails buffed while the Arranger weaves his magic). An Arranger takes the composition and decides which instrument will play what and adjusts the music for the type and/or size of the band or orchestra that will perform and/or record it. Sometimes arrangers take a huge orchestral score and trim it down for a smaller group, or take a classical piece and arrange it for a rock band or pop artist (think “Fifth of Beethoven”).

Background Instrumental: A term used in cue sheet preparation that describes the underscore, non- visual or off-camera INSTRUMENTAL source, such as music playing on a radio, etc.

Background Vocal: A term used in cue sheet preparation that describes a vocal, non-visual or off camera VOCAL source, such as a song (with lyrics / words) playing on the radio or jukebox in the background.

Bumper: These are short pieces of music you hear before/after commercials as we “come back to the show!” Game shows use these a lot—and not just at commercial breaks, but to emphasize various key points in the game. Short music cues in the midst of the action can also be referred to as Bumpers.

Click Track (aka Click): This is a digital metronome signal (Click) that helps musicians hear the exact beat/ while they record.

Closing Theme: A term used in cue sheet preparation noting the end title (Closing) Theme. This is most-often considered a featured use, since it is the primary focus of the scene / end credits.

Contractor (aka Music Contractor or Vocal Contractor, aka Fixer): These folks hire the instrumentalists and/or vocalists needed on a session and know the skilled, professional people in their town who work well together, won’t waste anyone’s time and will produce great results on time and on budget—every time. Sometimes the production company will designate a Contractor, but more often they work with the composer (who often just tells them “Get me the best you can for the money we have”) and they also liaise with the music coordinator or whoever sets up the studio time, location, etc. The Contractor notes how many minutes of music are recorded and/or how many tracks are recorded. For union sessions, the Contractor helps to handle the AFM (Musicians Union), SAG and/or AFTRA paperwork and forms for filing with respective union(s). He makes sure that during the session the performers get proper break times, meals, etc. and oversees the full recording process. The Contractor may also be one of the performers during the session, and is in charge of ensuring all performers are paid the right amount of money and in a timely fashion (according to union rules, if applicable). Cash is good, but more often than not, expect a check in the mail.

Corporate and/or Industrials: Commercials are self-explanatory but an “Industrial” can be anything from a national sales meeting for a company to a live show for potential clients. Music can be pre-

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recorded or done live, or a combination of both. Whether it’s music for a film or product line launch, the knowledge and skills required to license or create songs are the same. Music can add excitement to a car chase or a commercial, punch up dialogue between or even help a CEO in a national presentation to the stockholders. Music is a prominent feature in advertising and commercials. Music can be custom-created for an ad campaign, or a famous song can be licensed. So whether it’s a string of commercials touting the newest Disney TV show, or custom-created music to motivate the corporate sales force, the principles are the same.

Cue Sheet: If a composer, songwriter or publisher wants to be a part of the Money-By-Mail Club he needs to keep an eagle eye on the Cue Sheet and when/where it’s filed. This document lets his PRO (BMI, ASCAP, PRS, SESAC, SOCAN, GEMA, etc.) know that money is due to him for use of his music in a project. EVERY time a film or TV show is completed, a Cue Sheet is prepared that specifies who wrote and published each piece of music, who owns what percentage, the respective PROs and exactly how long and in what fashion the music was used. The most important thing about a Cue Sheet (assuming the writers and publishers want to get paid) is to file it with every PRO whose writers and/or publishers appear on it. The music supervisor, coordinator and/or administrator usually prepare the Cue Sheet based on information provided by the music editor and composer, and the production company or network is generally responsible for filing them with the PROs. Ideally, Cue Sheets should be filed within ninety (90) days of the FIRST airing/showing of the TV program/film, but there is no hard-and-fast rule or requirement by the PROs—other than “in a timely manner” (which can sometimes mean up to a year!). NO WRITER OR PUBLISHER GETS PAID HIS PERFORMANCE ROYALTIES UNLESS THE CUE SHEET IS FILED WITH HIS PRO! This means that writers and publishers (or their administrators) should always request a copy of the Cue Sheet for any project in which their music is used, and specify a date by which these must delivered within the body of the music licenses (master and sync).

Engineer (aka Scoring Mixer): A great Engineer is a composer’s best friend—really! He records and mixes the music, and oversees all the technical aspects of the recording session. The great ones are also often musicians themselves, and thus have that creative ear as well as the technical prowess necessary for a successful session. Composers often have favorite Engineers and will request them on a project. Sometimes the production company will ignore the composer and assign an Engineer—it often depends on budget, but sometimes an “I want to be in control of everything” person can enter into the process from either the creative or business end. As such, an Engineer often has to be a highly-skilled mediator who speaks all the languages: composer, director, classical instrumentalist, rock instrumentalist and singer—and even suit! The good ones are also up-to-date on all the current technology and how it can help in the specific session at hand, and will work closely with composer and score supervisor to make everything run smoothly, efficiently and quickly, without sacrificing quality or anyone’s sanity.

Ephemeral Use: Certain live TV programs require no licenses because there is no reproduction of the program for future broadcast. This may include news broadcasts, sporting events, telethons, awards shows, etc. or where only one copy of a particular program is made specifically and solely for the purpose of broadcast (”videotape exception”)—such as late-night talk shows or local TV shows. Any reruns, DO, however, require a license. The very fact that they are broadcast again means that they were recorded so that they could be reproduced. As such, re-runs and DVD/video compilations, specials and/or clip shows are outside the scope of this exception. ALL Ephemeral Uses are recorded on cue sheets and filed with the respective PROs (the same way it’s done for every other type of film or TV use).

Featured Instrumental: A rarely used cue sheet term where an instrumental cue is featured in some specific way other than visual. PROs most often will consider any instrumental cue/score as “background” regardless of its featured use (such as in a montage, etc.). Be very careful when using this category, and don’t be surprised if it gets bumped to a “background instrumental” use.

Featured Vocal: A term used in cue sheet preparation to describe music with a vocal (a song) that plays during a visual montage or other important scene. This is most often considered a “featured” use since it is the prime focus of the scene.

Ghostwriter: Ever wonder how that composer manages to spew out three hours of music per week for all the TV shows he is doing, and still has time to write the entire score for that new blockbuster? Chances are, he is NOT, and no, human cloning didn’t sneak its way into the music biz. That’s where the struggling composer who is begging to be let in the door comes in. He writes music for another

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composer, but receives no cue sheet or any other credit for composing the music. The Ghostwriter is an invisible music elf who makes cues magically appear for the credited composer, who then pays the Ghostwriter a flat buy-out fee (usually minimal), takes credit for writing the music and appears as the sole writer on the cue sheets. Kinda icky, huh? In the most egregious instances, the Ghostwriter is not even allowed to tell anyone that he wrote any music for the film/TV program in which his creation appeared. There have been some court cases on this (thankfully, mostly in favor of the Ghostwriter), and most composers consider it to be an unethical practice (which it IS, in case anyone was still wondering). The busy composer who needs help to make his deadline not only pays the other composers he contracts, but makes sure the cue sheets reflect the correct composer name(s) and info for each respective cue, even though he can’t guarantee on-screen credit.

In-Context Use: A term used in music licensing to note that the music can only be used IN-Context— in the specific scene for which it is being licensed, and not in any other scene or advertisement (trailer).

In Perpetuity: Basically, this means forever. In publishing, it means that whoever owns the publishing rights to a song will own it for the full life of the copyright (not just the life of the composer). In music licensing, it means that whoever owns the rights to the project (filmmaker, production company, TV network, etc.) is given contractual rights to have a song/composition and/or specific recording of it embedded into the project forever. If a publishing company, or film company is sold to another entity/corporation, all contracted rights follow the song and recording to the new company(ies).

Linear Use: A Linear Use is when the music licensed is used in a specific manner without manipulation such as moving verses around, or taking out a , etc. Film and TV uses are most often linear, video games vary.

Master/Sync License: This encompasses both “ends” of the song—the song itself, and the recording of it. Independent artists often own the publishing and master rights of their songs and recordings, and a Master/Sync license is normally used in those instances.

Master Use License: Whoever owns the RECORDING of the song issues the Master Use License. There could be any number of people who recorded the song—the only one that counts here is the version of the song that the filmmaker wants to use. Whether it’s an independent artist’s recording of his own song or a major artist’s recording of a song, whoever owns the rights to the respective recording issues this license.

Mechanical License: This is NOT a license used in film or TV, but a license used when manufacturing, selling and distributing audio-only products (CDs, DVDs, etc.).

Most Favored Nations (aka MFN): This term is borrowed from the United Nations that means every nation will be treated equally and without preference. As it applies to music licenses, it means that if any other music of similar status is licensed at a higher price than you originally quoted, the production company is obligated to pay you the same amount for YOUR cue that it paid for other similar cue(s). It does NOT mean, however, that Newbie Breakout Indie Bands can command the same license fees as a song written and/or recorded by The Rolling Stones. It simply means that Indie Angsty Chick and Newbie Breakout Indie Band will be treated equally, and The Stones and will price themselves out of most films that don’t have $250K to toss at one source cue. This is important language to have in EVERY music license.

Multimedia License: CD Interactive (CD-I), CD-ROM (read only memory), karaoke and computer games are examples of Multimedia License uses. Licensing in this area is still a bit new, and as such, very often only limited rights are granted. This is where the fewest industry standards and practices have been established. With many types of interactive multimedia products, music is not necessarily used in the same sense as it is with CDs, DVDs or TV uses (linear uses). Some of the new media allows manipulation of the music (such as extracting the flute in an orchestral work or taking the guitar part out of a pop song so the user can play along). In some cases, the user can produce his own version of the composition (kinda like being your own producer). This is considered a “non-linear” use and one of the reasons rights holders are very cautious about Multimedia Licenses.

Music Administrator: Ostensibly, his duties should be to handle all paperwork for the music supervisor and/or coordinator. In reality, his often has to handle a lot of the duties most often associated with being a supervisor and/or coordinator because of budget, time or personnel

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constraints. He may not be in the room as negotiations are in process, but after that meeting, you can bet that he’s the one who actually types up the contract!

Music Breakdown: While this can happen at the rough cut stage of a film, ideally the music supervisor is brought on before shooting, at which time he’ll read the script and note every place where music would be appropriate (i.e., club scene, romantic montage, car radio, etc.). This does NOT take the place of a spotting session (although it may include some ideas for where the bigger score pieces might work), but is merely a heads-up for the director with a ballpark idea of how many source cues might be needed and, perhaps, a rough budget. The supervisor will note the scene, type of music—or even a song title/artist if he or the director have a specific song/recording in mind. He’ll also note how the music will be used (visual vocal—such as the band playing as everyone screams “Rock on!”—or background or whatever).

Music Clearance: Before using a piece of music and/or its recording in a film or TV program, it must be “cleared” with the respective publisher(s) and/or master rights holders. This means you need permission to use the music and/or its recording — and this means whether it’s “only” for a student film or festival use, for TV (of any kind and anywhere), foreign or U.S. theatrical, or for Dolly Dinkle’s Dance Academy’s local cable ad. There are TWO parts of music clearance and licensing: A synchronization license is issued by the publisher for use of the song/composition, and a master use license is issued by whoever holds the rights to the specific RECORDING of the song/composition. For famous/known copyrights and/or recordings get an expert or become one. It’s not brain surgery, but the ins-and-outs and “who knows who can get what at a good price and fast” can be important—meaning you may get your “yes” or “no” answer in a couple of weeks as opposed to a few months. Suggestion: Go indie artist/label instead. They usually hold all rights to their own music and are more likely to make a deal that fits your budget. You’d be surprised at the variety of indie music available—it’s not all angsty chicks or moody dudes, but retro ’80s, big bands and 1940s swing, ’70s and old and new from all around the world.

Music Coordinator: This differs greatly, depending on whether he’s on staff with a TV network or a full-service music company or an independent person who works with specific music supervisors. The Music Coordinator’s duties can be as simple as creating and filing cue sheets for the project and making sure all the dollars and cents add up at the end of the day, or may be as complex as working hand-in-hand with the music supervisor on all aspects of the project. Sometimes, if there is no supervisor, the Coordinator will work with the director and assume many of the duties a supervisor would normally handle. A Music Coordinator’s primary functions are normally to make sure the music the supervisor suggests for particular scenes is properly catalogued and delivered to the director, film editor and/or music editor (as directed), and all credit information (songwriters, artists, labels, etc.) is readily available. He is also responsible for coordinating the compilation of all information for cue sheet preparation, and may actually prepare the final cue sheets, based on the composer and music editor’s notes from the final mix of the film. The budget often dictates his duties.

Music Copyist (aka Copier, Music Preparer or Music Prep): The Music Copyist (”Copier”) prepares printed music charts and/or lead sheets musicians use at a recording session. These are extracted from the overall music score the composer provides so that everyone is looking only at the part they play, and have their music in the right key for their instrument (kind of important). In the past (as those of us who had stained fingers to prove it), such charts were done by hand, with India ink, one by one in a painstaking process. Today, with the advent of great scoring software, those who prepare music for sessions most often will do it via the computer.

Music Editor: The Music Editor, along with the composer (and sometimes the music supervisor and/or coordinator) organizes, documents, and times all the music cues used in a project. He is the obsessive, retentive type and will often drive the director crazy with almost indistinguishable cuts in/out of a piece of music, but that’s why we love Music Editors. He will often make suggestions as to the best start/stop points, and can make a song “fit” into the scene, dodging dialogue and enhancing poignant moments by “cutting and pasting” a song. He also works with the composer on timing, length, type and placement of music that the director, composer and music supervisor have discussed during spotting sessions. If the music is being recorded live (not a Synth Score), the Music Editor will often be at recording sessions to document, time and name each cue, and will often generate the click used to keep everything exact. The Music Editor also cuts all music (source, score or scource) into the film— although here is where the director and/or producer may return the “he’s driving me crazy” favor. The music editor also notes the correct SMPTE Time Codes for the cues in/out placement and provides

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that info to the music supervisor, coordinator and/or administrator so that official cue sheets can be prepared for filing with the respective performance rights organizations (PROs).

Music Publisher: A Music Publisher works with songwriters and composers to promote and market the writers’ songs/compositions. They pitch them to the folks who use music (movie/TV producers, record labels, video games, etc.). In return (and PLEASE NOTE: The Publisher will own this for the LIFE of the song/composition’s copyright—otherwise known as “in perpetuity”), the Publisher takes a percentage of the publishing, usually half of a song (up to 100%). Publishers license the right to use the song (not to be confused with the recording of the song/composition), collect fees for the usage and split them with the songwriter/composer.

Music Supervisor: Regardless of whether he’s a “biggie” (meaning “I have a staff”) or an “indie” (”I get to do it all for less money”), the Music Supervisor’s main duty is in choosing music and licensing it for the project, and—as importantly—making sure the music he provides to the director/producer enhances the action/mood on screen, and helps the director/producer see his artistic vision realized. The Music Supervisor oversees all the creative and business aspects of the music for a project. This includes helping to develop a music budget, assisting in the search for a composer, helping the director in his choice of songs, coordinating the soundtrack recording, “spotting sessions” (with composer and director), etc. It may or may not include doing the music clearance/music licensing paperwork, and can also include some (or all) of the duties of a music coordinator and/or music administrator. The earlier the Music Supervisor is involved, the more time he has to be creative — both with the music itself and with the budget. When a “famous” song, or a “classic copyright” is desired by a director, but the project’s budget does not allow for its use, the Supervisor will suggest (and often negotiate) budget-friendly alternatives from various sources, including independent artists and/or music libraries.

Non-Linear: A Non-Linear use is when the user may manipulate the music—such as extract the guitar part or move verses around, etc. This is the option most often requested in multimedia licenses, especially for video games, karaoke, etc.

Opening Theme: A term used in cue sheet preparation that means the film/program’s opening title theme. This is most-often considered a featured use, since it is generally the prime focus of the opening scene.

Out-of-Context Use: A term used in music licensing to note that the music can be used not only IN Context during a specific scene, but may also be used in a film trailer and/or advertisement, whether or not the trailer uses the scene for which the music was originally licensed.

PD: (SEE: Public Domain)

Performing Rights Organization (PRO): To be a member of the Money-By-Mail Club one must be a songwriter, composer and/or publisher signed up with of one of the many Performing Rights Organizations (PROs) throughout the world. Performance royalties are collected by the PROs (BMI, ASCAP, SESAC, SOCAN, PRS, GEMA, etc.) for the public performance of music (TV, films, restaurants, foreign movie theatres, etc.). Those royalties are calculated and paid based on various PRO computations, factors and variables, such as the network on which the program is aired, the country in which a film is screened, number of minutes of music used, etc. Your PRO is at least partially (sometimes solely) determined by the country in which you are a citizen.

Pre-record: Sometimes the music needs to be recorded BEFORE a scene is shot (hence the term, “Pre-record”). This is necessary when an is singing or playing an instrument (or pretending to do so), but is also used for scenes in which people are dancing to music that must be perfectly synchronized with the action (such as a ballet, or even a party dance scene).

PRO: (SEE: Performing Rights Organization)

Public Domain (aka PD): A song is in the Public Domain when it never has been, or is no longer, owned by a publishing company. This applies to many (but not all) old folk songs), older classical music (such as works by Mozart, Bach and Beethoven) and/or when enough time has passed since the composer’s death to classify the work as in the Public Domain. PD music can be recorded without negotiation or payment to a publisher, since there are no rights to negotiate because there is no ownership. RECORDINGS of PD music cannot be used without the permission of the owner of the

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recording (unless the recording itself has also passed into PD, and virtually NO U.S. recordings are PD). DO NOT EVER assume that a song is in the public domain. A song can be PD in the US, but not in the UK, and virtually every music license’s territory is “worldwide” (some get freaky and want the Universe—maybe for “K-FLY, your ‘fly in the sky’ for all you groovy space station listeners” perhaps?). When licensing music, ALWAYS verify that the song is PD worldwide before plunking it into the project.

Score Music (aka Score): This is music the actor on screen DOESN’T hear—the music the composer creates to let the audience know that the monster is coming, the damsel is in distress, the good guy is hunting down the bad guy or the two lovers are sad they’ve parted. This music is NOT licensed the way source music is licensed, but is most often done as a “work-for-hire” by the composer for the film/TV production company. A “work-for-hire” (aka “work-made-for-hire”) means that whoever hired the composer to write the music owns the publishing of that music. In today’s indie film market, however, the composer may often accept a lesser up-front fee (or even do it on spec or for no up-front money) and in return, gets to keep 50-100% of his publishing, rather than handing all or any of it over to the production company.

Score Supervisor: During the recording session for a film or TV program, the Score Supervisor hangs out in the control room with the music engineer, music editor and whoever else wants the free food the string section and electric bass player always manage to find before anyone else. The Score Supervisor makes suggestions and comments to the conductor (often the composer) as the music is being recorded. The composer/conductor may not want to have to trek back and forth from the studio into the booth to listen to playback, and the Score Supervisor can give his fast feedback on what’s working and what’s not (although the suggestion, “no, you shouldn’t have hired any viola players” may be too late [just kidding]).

Scource Music (aka Scource): A mix of the words “score” and “source,” this is music that is treated like score music on screen, but is licensed in the fashion which source music is licensed. Indie filmmakers, who often have already maxed out their credit cards to make their film, may not be able to afford a score composer, but CAN afford a few music cues for their opening or end title, chase scene or seduction montage. Composers often have lots of that music sitting around gathering cyber dust, since it’s rare that all the music they write for a film gets used. They still own that music and will often license it out to indie filmmakers.

Sidelining: This is when musicians appear on-screen. While they appear with their instruments, they may or may not play during the scene. Most often they’re “playing” to a prerecorded track.

SMPTE Code (aka Time Code): SMPTE is an acronym for The Society of Motion Picture and Television Engineers. It usually refers to a standardized time code that SMPTE developed. SMPTE is a recorded audio signal that is shown in a window on the screen to reference where you’re at in the program/film (e.g., 02:01:22:14 refers to a time code location of “two hours, one minute, twenty-two seconds, and 14 frames”). SMPTE comes in several types (including Drop Frame and Non-Drop Time Code).

Sound Designer: This is the person who creates the soundscape and designs the non-musical sounds for a project. While not particularly common in the past, but growing in popularity because of “synth scores” being used due to budget constraints, the composer may sometimes help create the non-musical sounds (i.e., swooshy Sci-Fi sounds, “blow ‘em up good” noises, gunfire and/or just plain weird stuff). The composer may also work along with the Sound Designer in designing/creating sounds to be used as overlays to the music.

Sound Recording: There’s the song, and then there’s a recording of it. The latter is the Sound Recording (aka master), and there may be any number of recordings of the same song (words and music, copyright of which is owned by the publisher). The copyright to a Sound Recording is for everything you hear: the instruments playing a particular , the singer [if there is one] and the whole production from top to bottom. For a major label artist, this copyright is owned by the record label, but for independent artists, this may belong to the artist/band.

Source Music (aka Source Cue): This is music the actor on-screen CAN hear—the music coming from the radio, a jukebox, in the club, at the party, etc.

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Spotting Session: After a movie/TV program is filmed and during the editing phases of a project, the director, composer and music supervisor get together and come to a meeting of the minds on what types of music will be used, and where specific musical cues will occur (this is why SMPTE is so important—these codes are used to note the timing of the cues). The music coordinator, music editor or music supervisor makes all notes and provides them to everyone in the loop as the editing progresses. More than one Spotting Session may occur, especially if there are substantial changes made in the film edit.

Synchronization License (aka Sync License): This is a 50-dollar term designed to confuse the newbie. All it means is that whoever owns the PUBLISHING rights to a song issues a “Synchronization” License for the use of the song itself (NOT the recording of the song) in a TV show or movie. “Synchronization” simply means using the composition in synchronization with the picture on screen—that’s it, nothing complicated or mysterious.

Temp Track (aka Temp Music): This is the bane of the music supervisor’s existence. The director may have “pet” pieces of music on his compilation CD and/or very famous, very expensive pieces of music temporarily cut into a film or TV show before the actual music is composed and/or source cues are selected (and don’t expect him to know who sang the songs or have any other clue as to where to find the rights holders). This can also be a problem for the composer, because the director may be so enamored of that A-list composer’s music that nothing will ever compare in his eyes. If you—the composer and/or music supervisor—can talk the director/producer into using music YOU provide for the Temp Track, you’re more likely to avoid the dreaded “Temp Love” (the director falls in love with The Beatles’ “Yesterday” in that “most important spot of the film” and has only $1000 all-in for the cue).

Timing Notes (aka Breakdown Notes): The music editor makes notes that detail events, timing, etc. for scenes and supplies them to the composer, who will use them to reference time code and duration of scenes (it’s kinda nice to know how many seconds/minutes of music you’re gonna need to churn out before deadline). These Notes will often contain not only the timing and key action/dialogue, but the camera moves and edits as well.

Visual Dance: A term used in cue sheet preparation, meaning an on-camera Dance. This is most often considered a featured use, especially if the Dance is the prime focus of the scene.

Visual Instrumental: A term used in cue sheet preparation meaning an on-camera Instrumental performance. Most-often considered a featured use, especially if it’s the prime focus of the scene.

Visual Vocal: A term used in cue sheet preparation meaning an on-camera Vocal performance. This is most-often considered a featured use, especially if it is the prime focus of the scene.

Work-for-Hire (aka Work-Made-for-Hire): A “Work-for-Hire” means that whoever hired the composer to write the music owns the publishing of that music—yeah, and from the composer’s point of view it kinda sucks, huh? This may also apply to a SONG written specifically for a film, but most often applies to the music written by the score composer. In today’s indie film market, the composer may often accept a lesser up-front fee (or even do it on spec or for no up-front money) and in return, gets to keep 50-100% of his publishing, rather than handing all or any of it over to the production company.

Work-Made-for-Hire (SEE: Work-for-Hire)

A reminder (from the lawyers): All statements above are my opinions and not intended as legal advice or counsel. No warranty or representation is made as to the accuracy of these statements. You should hire an attorney before entering into any agreement or contract.

Gael MacGregor ● Music Supervisor ● www.imdb.com/name/nm0532320

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NARIP: Your Record Industry Knowledge Network

Recordings and transcripts of NARIP's best programs are just a click away.

Top record executives and experts negotiate key agreements and discuss hot topics YOU need to succeed.

If you enjoyed this program, you will also enjoy the following NARIP documents and programs:

 Documents: Form Agreements (publishing, songwriter, co-pub, sample licenses for film / TV, gaming and more)  Audio: Mock Negotiations of 360 Record Deal, Artist Management, Digital Distribution, Music Publishing Deals and more.  Audio: NARIP Film & TV MSS with PJ Bloom, Andrea von Foerster, Chris Mollere, Gary Calamar, Julianne Jordan, Kier Lehman and more  Audio: NARIP Ad Agency MSS with Y&R’s Jessica Dierauer, McGarry Bowen’s Jean Scofield and JWT’s Paul Greco and more  Audio: NARIP Trailer MSS with Trailer Park’s Bobby Gumm, Create Advertising’s Heather Kreamer, Ignition’s Natalie Baartz, High Bias Industries’ Toddrick Spalding and more  Audio: NARIP Games MSS with Sony Playstation’s Alex Hackford, EA’s Raphaella Lima, Activision’s Brandon Young and more  Audio: How To Market & License Music For Film & TV  Document: NARIP Recommended Music Attorneys (FREE)

And many more at www.narip.com/shop. KEY: MSS = Music Supervisor Sessions

______www.narip.com [email protected] 818-769-7007

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Executive Profiles

Marcy Bulkeley, Director of Music Big Picture Entertainment

Marcy Bulkeley is music director at Big Picture Entertainment, an entertainment marketing and advertising company, where she works on major motion picture campaigns as well as broadcast sports marketing campaigns. She is responsible for the music in the campaigns for Looper, Seven Psychopaths, Contagion, Inception, Due Date, The Town, Sherlock Holmes, Hubble 3D, Just Wright, Harry Potter 6 & 7, LOST, Modern Family, Cougar Town, It?s Always Sunny in Philadelphia (seasons 5 & 6), Sponge Bob and for music in upcoming campaigns for an untitled A-list zombie movie (major studio), Grown Ups 2, Last Vegas, Secret Life of Walter Mitty, and Noah (starring Russell Crowe and Emma Watson), This Is The End and others. Marcy continues to take on music supervision and has consulted for Kathy Nelson (previously VP of film music for Universal Pictures), music supervised with G Marq Roswell at 35Sound, and consulted for Deutsch Advertising, among others. Her involvement in music placement goes beyond the screen; Marcy provides background music services for retail and restaurant businesses in Los Angeles. Specialties: music supervision and consulting, branding through music, music publishing, music licensing (drafting to execution), artist development and management, communication and negotiation skills, record / soundtrack production, acquisitions, label relations, label management, marketing and advertising, building and maintaining strong relationships with creative and inspiring individuals. In 2013 the Guild of Music Supervisors nominated Marcy in the category of Best Music Supervisor in Trailers, and in 2011 the organization awarded her Best Original Music in Trailers for her work on the Inception campaign. Marcy graduated from Emerson College with a degree in Audio / Radio Production with a focus on film and television music.

Andrea von Foerster, Music Supervisor Firestarter Music

Andrea has done music supervision for film, television and online projects for over ten years. Credits include music documentaries such as The White Stripes Under Great White Northern Lights and Butch Walker: Out Of Focus. Independent films such as (500) Days Of Summer, It’s Kind of A Funny Story, From Prada To Nada, Bellflower and Excision. Studio film credits include Journey 2: The Mysterious Island, Chronicle and Chasing Mavericks. Television work includes The O.C., Grey’s Anatomy, Dollhouse and Stargate Universe and numerous MTV shows such as Run’s House and Life Of Ryan. She is currently working on the independent films Friended To Death and Growing Up And Other Lies in addition to the Hallmark Hall of Fame TV movie Remember Sunday and the second season of the Web series Suit Up.

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Romain Vivien, MD France, Believe Recordings

Romain Vivien is managing director of Believe Digital in France, the leading digital distributor and artist service provider in Europe. He also manage the label entity, Believe Recordings With almost 2 decades in the corporate music business, he previously worked at EMI Music, EMI Records and where he has held positions of Managing Director at both EMI Marketing France and Capitol Music France. He has experience creating and executing multi-level marketing and sales campaigns for French and international artists, and has led teams of artists, managers, producers, publishers, retailers, new media outlets, telcos and multi-channel networks to drive sales. His success with artist development makes him a key player within Believe where he now works with artists such as James Vincent, Mac Morrow, Mina Tindle, Youssoupha, Wax Tailor, Buridane, LECK, Sniper, Charles Pasi, Amplifetes, Chriss Reeder, Michael Canitrot and others. Romain has extensive experience with catalog marketing, synchronization, creating partnerships, developing new business, negotiating contracts and all aspects of global multi-level commercial campaigns through traditional and non-traditional channels.

Tess Taylor, President National Association of Record Industry Professionals

Tess Taylor is president of the National Association of Record Industry Professionals (NARIP). She is creator of NARIP's Music Supervisor Sessions, which feature music supervisors from the film, TV, games and ad agency sectors and have yielded multiple music placements in hit TV shows and films including in True Blood, Dexter, , Don't Trust The B--- In Apt. 23, Bad Girls Club and on ESPN (season theme music for NASCAR). Placements have also included been made in the star-studded Movie #43, in Sony Pictures Classic At Any Price starring Dennis Quaid and Zac Efron, in #1 US box office film Chronicle, in several documentaries (including the title track in the forthcoming Finding Our Voice) and in other film and television projects. NARIP's sessions have repeatedly sold out in Los Angeles, New York, Berlin and . One of the nation’s leading authorities on careers in the music and record industries, Ms. Taylor has connected countless people to jobs and opportunities through her work in the US and abroad, cultivated collaborations for over two decades, helped launch hundreds of projects and several companies. Dubbed “International Music Ambassador” by music supervisor P.J. Bloom (Glee, Nip/Tuck, The Shield, CSI: Miami), Ms. Taylor works with groups such as the European Music Export Office, Danish Songwriters Guild, French Music Export Office, Boomtown (Sweden) and Berlin Music Commission to connect their members to opportunities in LA and throughout the U.S. She has consulted leading businesses such as InsideSessions (a joint venture between the and Penguin Putnam, Inc.), The Walt Disney Company, BMG Entertainment (formerly Sony BMG), Concord Records and MySpace.com in its start-up phase. Recently she has keynoted at Popkomm (Berlin), the Drucker Career Conference (Los Angeles), the Trigger Creative Conference (Borlänge), the University of Vienna's Institute für

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Popularmusik in Austria, and at the Natioanl Association of Music Merchandisers (NAMM) conference (Los Angeles). Deeply annoyed by people who think music should be free, Ms. Taylor is a vigorous defender of intellectual property rights and debated Electronic Frontier Foundation co-founder John Perry Barlow on "free music" at the University of Massachusetts at Dartmouth (2006) and was invited for a rematch at Ohio University (2008). She won both times. From 1988 to 1993 Ms. Taylor was employed at MCA Records, Inc., last serving as Associate Director of Marketing. A classically trained pianist, she studied music at the University of Vienna, and is a Phi Beta Kappa, Magna Cum Laude graduate of the University of Redlands' Johnston College where she received her BA degree in music, German and literature. She loves traveling the world, nibbling dark chocolates and drinks lots of tea. She also loves fine fountain pens, anything written or recorded by Glenn Gould or Pete Townshend, gripping crime novels and hiking with her English cocker spaniel. She encourages people to adopt (not buy) pets.

Team NARIP Profiles

Mary Bee, NARIP Membership & Marketing Manager Now based in Los Angeles, Mary Bee is from Rhode Island and enjoys learning about the music business at NARIP. She loves connecting NARIP members to relevant opportunities, and helping to enable their success in every way possible. Wearing her other hat, Mary is an artist, singing and writing her own songs (MaryBeeMusic.com). She can’t remember a time when music has not been among the most important things in her life.

Kirstin Görtz, NARIP Marketing Manager Hailing from Holland, Kirstin Görtz came to Los Angeles, the entertainment capital of the world, to put her international communication and marketing skills to work to create opportunities for music business professionals to present themselves in the best way possible. She enjoys enabling others to express and share their creativity. Kirstin excels at organizing events and contributed to the launch of NARIP’s popular Music Supervisor Sessions in Los Angeles in 2011. Kirstin has helped produce NARIP events in Berlin and London to extend high-profile placement opportunities to international participants as well. Kirstin received her BA degree in international communication management, including a specialization in live event production and stage management. She enjoys challenges, is eager to learn and loves to immerse herself in new and bustling surroundings.

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Philipp Künstle, NARIP Marketing Manager Hailing from and immersed in music from a young age, Philipp Künstle's desire to work with music began when his guitar teacher showed him how cool it was not only to play music on the guitar but to sing and record it as well. Since then, Künstle has written and produced his own songs and played in several bands. Fascinated by the power and energy of music, Künstle elected to study Popular Music & Media at the University of Paderborn (Germany), a degree program which includes popular music studies, history, social psychology, music production and management. Since achieving his Bachelor's Degree, he studied the masters program "Music & Creative Industries" at the University of Popular Music and Music Business in Mannheim (Germany). Now hard at work in the film and TV department of Berlin-based Tracks & Field, a music supervision and synch licensing agency, Künstle combines the best of two worlds for the perfect fit - film and music. He continues to put his talents to use on behalf of NARIP to form creative and professional collaborations between the European and American music industries, and has been instrumental in launching NARIP activities in Austin (US), Berlin and London.

Vincent Loris, NARIP Marketing Coordinator Raised in Paris, Vincent developed a keen taste for music in Parisian venues and clubs. After high school, he moved to California to pursue a degree in theoretical mathematics at the University of California, Santa Barbara. Through his strong involvement in the local music scene both as a and as an accomplished , Vincent has decided his goal is to provide musicians with the tools to live from their talent. Vincent speaks four languages (French, English, Armenian and Spanish), an asset which, along with his training in logical reasoning, has enabled him to develop a strong international network. Unlike many people, he views the changes in the music industry as an opportunity for innovation and improvement.

About NARIP

NARIP is the biggest music business network in the world. We promote education, career advancement and good will among record executives. Established in 1998 and based in Los Angeles, NARIP has chapters in New York, , San Francisco, Phoenix, Houston, Las Vegas, Philadelphia and London. NARIP is committed to promoting the cultural and economic benefits of music and copyright in the US and abroad, and to providing a platform to convey insights and perspectives to improve our business. NARIP upholds the contributions of copyright to the fiscal health of the US and global economies and for the good of creators, owners and consumers around the world.

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The National Association of Record Industry Professionals Officers (Team NARIP):

Tess Taylor, President

Los Angeles New York Alfred Schlesinger, Esq., Legal Counsel Steve Lurie, Executive Director Phil Hatten, Creative Jerry Lembo, Mentor Program Director Morten Bay (HAUS), Web Design Susan Heagney, Membership Director Paul Coogan, Webmaster & Technical Dir. Rob Chiarella, Event Director Roy Braverman, Audio Adviser Jenn London, Marketing Mary Bee, Membership & Marketing Manager Brandon Haas, Board Member Winnie Jow, Associate Director Special Projects Dave Salon, Board Member Philipp Künstle, Marketing Manager Dan Strader, Board Member Jen Kim, Marketing Manager Mike Lane, Board Member Daniel Higgins, Marketing Manager Abhita Austin, Board Member Kirstin Görtz, Marketing Manager Ernie Gordon, Sound & Vision Las Vegas Pamela Logan, Executive Director San Francisco Dave Lee, Director Nate Beats, Director Rob Young, Marketing Manager Philadelphia Barbara Capps, Executive Director Phoenix Linette Bond, Director Jason Coochwytewa, Executive Director Les Scott, Director Houston Peter Sotos, Director Barry Coffing, Executive Director Raquel Alexis, Marketing Manager Roxell Richards, Senior Director Taikun, Marketing Manager Lisa Schneider, Director Heidi Massin, Director Atlanta Ohmare Washington, Marketing Manager Eileen Tilson, Executive Director Bobbie Beasley, Marketing Manager Samantha Parvin, Director Cappriccieo M. Scates, Board Member Jobi Tyson, Director Chloe Peacock, Board Member Eric Newcomer, Board Member

International Sharon Dean, Executive Director UK Richard Crowley, Ambassador at Large, UK Director Jens Beissel, Marketing Manager

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