The music licensing agreement must be understood by the producer before entering an agreement with a music licenser or publisher. A music licenser or publisher issues licenses and works on behalf of the songwriter or musician. Before beginning, it is important to ensure the company is registered and is a legal entity. If the music licenser is affiliated with the American Society of Composers, Authors and Publishers (ASCAP), check whether the songs and licensing limitations have been registered. If the song has been registered by the U.S. copyright office, it can help demonstrate that the publisher is in good standing.
Before submitting a music release, determine the scope of the music. The production company should determine the number of songs you need to attain approval for or whether you need the entire catalog by a specific musician.
Usually two options exist to obtain a release form. The music publisher can manually issue the license, or you can submit a music release form. In either case, it is imperative that the name of the production company be listed correctly.
Outline the intended use of the music for the film production. Explain the specific scene you would like to use the music in and the genre of the film. Some musicians and licensers may limit the use of the music in a film and may not allow the use of their music in films about pornography, racism or hate. Describe the intended use in detail.
The primary form used in obtaining a music release for a film is the Synchronization Music Release. The release should include the contact information of your production company -- including the address, telephone number, fax and email -- as well as the name of the primary contact person for the music release. The name of the band and the name of the licenser who represents the band should be stated at the beginning of the licensing form. The Synchronization Music Release, if signed, allows the production company to use a specific song for the motion picture. The film must be named in the music release. It also gives the right for the production company to perform or advertise the song in publicity. An offering should be made to compensate the musician a specific amount of money. Only the names of the songs mentioned in the agreement can be used in the film.
After receiving the approval of the agreement from the music licenser, it is important to understand all of the rights and limitations of the use. For instance, if the music licenser allows you to use music in sync with a specific scene, review all indemnification clauses in the licensing agreement provided by the music licenser to ensure that the licenser does not limit your use of the music.