Getting Your Music on the Big & Small Screen
By Marcus Dalzine, Esq.

The American music market with its rigid classification of music genres and the increased consolidation of radio stations under one corporate banner, namely Clear Channel Communication, has become an increasingly difficult landscape for lesser known artists. Record labels spend less time nurturing artists and more time looking for the next platinum seller. Against this backdrop, getting a single song to the listening public can seem daunting. One way of helping to tip the odds in your favor is through licensing agreements.

Until recently, most who considered themselves serious musicians would scoff at the idea of licensing songs for commercial use. Truly, the debate that art and commerce are different species and even bitter enemies has raged for millennia. Today however, that line and that debate is more blurred than ever. For better or for worse, no one argues that global commerce is an undeniable force in popular culture and that music is undeniably within its reach. Rather than bemoan the music industry’s focus on profit margins, up and coming artists with clever marketing and skilled licensing can actually use commercialization to their benefit. With the right model and contacts, “commercial” exploitation of an artist’s music can help that artist bypass a sometimes impenetrable radio market.

License to Succeed

Through music licensing, which varies in scope character, depending on the purpose, the artist is often able to reach a much wider audience than he or she otherwise would have. Take, as an extreme case, Moby’s 1999 album “Play”. All eighteen tracks on the album were licensed for use in either film or television to effect that (a) the album was a financial success before it achieved multi-platinum status and, more importantly, (b) the exposure Moby received for his music through his licensing deals helped broaden his audience. The same can be said for electronica group Dirty Vegas. The group’s popularity was help immensely by Mitsubishi’s use of “Days Go By” in their car commercial.

Broaden Your Horizons

For an artist seeking to have his or her work used commercially there are a number of avenues one can try. Your best bet is to make contact with the person in charge of deciding what music gets used. These people are primarily the music supervisors, music publishers and music libraries companies. Other good persons to contact are music editors, film editors, show producers and music licensing agents.

Because issues concerning music copyright ownership are paramount, a number of companies have sprung up that allow music supervisors, etc. to choose music for which the ownership is clear and unambiguous. Music libraries, boutique publishers and licensing agents all specialize in the placement of music for film and television. Use of each has particular benefit depending on the type of music involved or type of arrangement sought. Before signing on to any service, you should research thoroughly to see which service is the best for you.

If you are not represented by either a library, boutique publisher or a licensing agent and you wish to do-it-yourself, there a number of things that you must have in order. The primary questions you need to ask yourself are the following:

• Do you have the proper business agreements in place to protect your interests?
• Is your CD master quality?; Is your presentation polished?
• Do you know who need to talk to? and Do you know what you need to say?

Anyone interested in using your music will need to secure to kinds of rights, the master use rights and the synchronization rights. You must be prepared to show that you control all rights to the master as well as to the underlying song. Failure to control these will be a severe obstacle in your ability to license the song. If you do not control all necessary rights you will need to sign agreements with those parties who control them before you can proceed.

A good master or master-quality recording of your music is essential. Even if you feel your recording is top quality, you should consult with experts to their opinion. Regardless, you should not send a demo, mp3s or a cassette unless you have been asked to do so. Remember, you may not have a second chance to make a first impression.

Speaking of which, your presentation must be on point. It will show that you know what you’re doing both on the business and the creative side. It is key that you have all relevant information available in your materials. This information includes all relevant song titles, authorship of songs, information on publishing, clear description of which rights you control and contact information.

You should also find out what music is needed before you send a cd. You should do your research. Find out what kind of music the person you are contacting is generally interested in. If the music is for a television show, watch the show to get a feel for what may work. Always make an inquiry before you send anything. A simple conversation at the beginning can go a long way.

© 2004 Marcus Dalzine, Esq.