This document provides an overview of music licensing for television programs and motion pictures. It discusses that television programs and films often use popular songs which require two separate copyright licenses - one for the musical composition from the music publisher and one for the specific recording from the record company. For a television program, licenses are needed for any rebroadcasts or videotaped repeats that include the songs, while live broadcasts may only require a performance license. Motion picture licenses aim to secure rights across all media in perpetuity.

1. MUSIC LAW a.k.a. Introduction to Music Licensing

2. Television programs often use popular or recognizable songs.

3. Each Song Has Two Copyrights the musical composition music publisher the specific recording artist’s record company

4. Two Copyrights = Two Licenses musical composition = synchronization rights (sync rights) specific recording = master recording rights (master use)

5. However, if you will record the song yourself only need sync rights from the music publisher

6. And, if a recording is of a composition in the public domain -- don’t need sync license

7. Remember, many songs have several versions . . . owner of the sync right is always the same owner of the master will change

8. Danger, Will Robinson In the context of music licensing for movies or television THERE IS NO FAIR USE! Plus, must distinguish between a comedic work and a parody Also, “droit moral” could affect international distribution of work

9. How to License Music hire someone else do it yourself

10. How to do it yourself determine copyright ownership master recordings -- usually only one copyright holder, but rights may be split by territory (especially with foreign artists) double-check have correct song and version take care with compilation or soundtrack albums compositions -- may have split split may be by percentage and/or territory

11. Licensing for television Program shot on film -- need license right of reproduction Live programs = no reproduction (so no sync license) do need performance license Taped shows (“Tonight Show” and even first run of primetime show) = ephemeral recording which needs no license

12. but repeats of these programs do need license so producers of videotaped programs negotiate for sync and master use licenses prior to taping

13. Two Elements of a License Permission License Fee discretionary no compulsory license as in mechanical licensing for phonorecords

14. Basic Terms of a License media territory length of license

15. Licensing for a Motion Picture key difference from licensing for television will want all rights in all media in perpetuity for a fixed price or a “buyout” will include all media whether now known or hereafter developed

16. also sync licenses will include a grant of public performance rights U.S. theatrical exhibition only foreign performing rights societies license theatrical exhibition in their respective countries