ABSTRACT

Finding and securing the rights to music can be a complex and arduous process. There are many kinds of music that can be incorporated into a film: a score written expressly for a production, pre-recorded music that is available for license, traditional tunes and commercially released recordings. Each of these kinds of music brings with it certain considerations regarding the composers (if known), the performers and the audio recordings. Securing the necessary rights requires that we understand the role of composers, performers, publishing companies and performing rights organizations. We examine ways of tracking down the parties associated with existing compositions or recordings of music, and then we delve into the legalities of securing rights to the composition of a piece and the recorded performance of it. We also discuss how to collaborate with a composer to commission an original score and what finished materials to require. The chapter concludes with a word of caution about the risks related to using “temp” or temporary music. There is a natural tendency to become accustomed to a temp score, and this makes it hard to give it up in favor of music that has been commissioned or secured for the film.