Guidelines and Issues For Acquiring Rights to Song and Music Lyrics for Television and Other Media

The video and entertainment industry generally encounters deals with Music and Music business in which composers and lyricists create musical compositions at the behest of a music publisher. In the circumstance the musical work is being acquired by the film or television industry the producer will need to be knowledgeable with the music business. Legal forms as Agreements are used to acquire music rights in a song from a composer after the song has been written. The agreement generally specifies at least in part that all rights in the music are transferred, the transfer price and that the composition was a work-made-for-hire, and may include various representations and warranties regarding the compositions originality. The agreement forms can further cover provisions for: Grants of License; Term; Payments; Licensor's Representations and Warranties; Assignment Clause.

If acquiring rights, a Producer may deal with an agency used by a music publisher, or the publisher themselves. In either case, it is best to acquire as broad a license as possible, allowing the use of the musical work through all mediums and markets the video will reach. Having to negotiate the rights to an additional market place, when a video has become successful, may find the Producer in a less favorable position. See the issue checklists for Rights Acquisitions and for Talent and Service Agreements for general considerations applicable to music related rights and services.

1. What compositions and recordings are covered?

- Pre-existing music?
- Pre-recorded music?
- Specially commissioned music?
- Specially recorded music?

2. What rights are being granted?

- Synchronization rights?
- Small or grand performance rights?
- Master use rights in the recordings?
- Rights to use name, likeness and biography in advertising?
- Rights in a title?
- Rights to change, alter and edit?
- Do the rights include the right to use the music in advertising and publicity?
- Are publishing rights being granted?
- Is the composition a work for hire?
- Is the grant exclusive?
- Is the grant irrevocable?

3. What media are covered?

- All television, multimedia, video and related rights?
- Are there any specifically included or excluded media?

4. What territories are covered?

- The whole universe?
- Are there any specifically included or excluded territories?

5. Does the producer participate in the music publishing?

- Who is the publisher?
- What is the split -- traditional 50/50, or some form of co-publishing?
- Are there any administrative, overhead, or expense deductions?
- How are decisions on other uses and administrative matters made?

6. Are composing services being supplied?

- What music is to be supplied?
- What is the approval process?
- What are the delivery dates?
- Is parts-copying and arranging included?

7. Are recording services being supplied?

- What music is being recorded?
- Who handles and pays for booking the facilities and hiring the musicians?
- Are union players being used?
- Are real players or a synthesizer being used?
- What kind of finished product is being delivered and in what technical format?

8. Are mixing and post-production services being supplied?

9. What payments must be made for the rights and services?

- What is the composing fee?
- What is the recording fee and expense payments?
- When are they paid?
- What uses do these prices cover?
- Are there additional payments due for additional uses in subsequent productions or a series?
- Are there any expenses to reimburse?

10. What representations, warranties and indemnities should be given?

11. What credit does the composer get?

12. Are there limitations on the composer's remedies?

13. Is there any union or guild involved? If so, what impact does it have?