The world of music licensing is very complex and often quite daunting. There’s no substitute for an experienced Music Supervisor, however sometimes in agency land, that resource doesn’t exist.
When creatives choose an existing song for their idea, it forms the question “How much will it cost to use this song”. That’s a hard question to answer and it falls squarely on the Agency Producer to come up with a figure and manage the licensing process.
The cost of using a song on an ad can vary from $0 to $millions, so ball-parking isn’t really an option here. You’ll more than likely be bound by unrealistic time frames and major labels are notoriously slow with song clearances, so it’s critical that you get to the right people that can answer your questions quickly. That way you can negotiate the fees, get sign-off and make the deal within your deadline.
Here are 5 steps to licensing a song for a commercial that will help the process:
1. Find the copyright owner/Publisher
Here’s a helpful How To on finding the owner of works. You can usually find the name of the copyright owner on or near the artwork, or in the meta data of the digital audio file. Look for ℗ or © then the name of the copyright owner. Make sure the publisher is also the owner of the actual recording of the song. This is important as you need to license both.
2. Confirm the usage
There’s a good chance this hasn’t been confirmed yet, so talk to your suits and media agency to make an educated guess.
You’ll need to know:
- Region (what countries)
- Length of the spot/s (:30, :45, :60)
- Duration of the campaign
3. Compile a one-sheet proposal
Set up a nicely written proposal to fire off once you’ve found the copyright owner. If you can, let the owner of the music set the price. The artists and publishers should set the value of their music, not the agency budget. Let the negotiation start with the copyright owner. This way you’re starting the relationship on the right foot, by showing the artist you respect the value of their work.
4. Make contact – Negotiate
If you can, get on the phone, it’s just better that way. Get your proposal, including fees, agreed on via email.
5. Get a lawyer
Compile your paper-trail and get it to your legal team. They will advise you on the contract process, and guide you to the end.
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There are so many variables in licensing music and no definitive process in place for Agency Producers. These steps should get you there, with the emphasis on speed.
Happy licensing.