Want To Get Songs Into Film & Television?
Here are helpful tips from a group of music supervisors
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Independent songwriters can generate a significant stream of income from a song used in a film or television project if they understand how the business works and who to deal with. While there are several avenues one could choose to help guide a song's path into a visual medium (i.e. knowing the director, producer, music editor, etc.), one major source for getting songs placed in film or television is through a music supervisor. Here, ASCAP's Mike Todd shares some frequently asked questions after conversations with a group of film and television music supervisors who gave their advice about song placement. |
 ASCAP's Mike Todd assembled a "Film & TV Music" panel of music supervisors and consultants for the DIY Convention last February. The panel shared insights on the basics of licensing songs in film and television followed by a question & answer session. Pictured (l-r) are Joel C. High (Head of Music for Lions Gate Films & TV), music supervisors Thomas Golubic, PJ Bloom and Michele Wernick, creative consultant Bambi Moé (consultant to recording artists for Unencumbered Productions), Mike Todd, and music supervisor Julianne Jordan. |
What is a "music supervisor?"
A music supervisor oversees all aspects of music in a particular production and plays a key role in the development of the entire musical landscape. This may include facilitating a show's creative needs with artists, songs and score, handling all licensing and contractual elements, dealing with the technical aspects of on-camera and studio production work, soundtrack solicitation and more. We are the liaisons between the music and production worlds.
How does one license a song for use in a film or a television program?
Once the creative decisions have been made with regards to a song, we locate and contact the master and copyright owners (usually, record labels own the master and a publishing company owns the copyright) and, based on a particular production's music budget and the necessary licensing rights needed, we proceed with the negotiation process.
Can I license a song that has never been published?
Yes. A song can be licensed if it has not been previously published or registered with a performing rights society. In this case, the music supervisor would deal with the songwriter directly. However, it behooves a songwriter to publish their material so that future performance income can be generated and potential theft prevented. Moreover, if you get a song licensed in a television program or any kind of feature film, you are entitled to get a copy of the "Cue Sheet" from the production company who is usually the one responsible for submitting this form to the Performing Rights Organization ("PRO"). A cue sheet contains information on each piece of music used, how it was used (i.e. theme, background, feature performance), how long it was used (down to the second), and the list of songwriter(s) and publisher(s) along with their PRO. For a sample of a cue sheet visit ASCAP's website at http://www.ascap.com/ filmtv/movies-part4.html#sample. You should always keep a file of these "Cue Sheets" if any piece of your music is used in television or film. Remember, many times production offices disappear after a film has "wrapped" (or ended) and it then becomes virtually impossible to get a copy of the cue sheet at that point. This is important because if you ever need to show proof to your "PRO" after your program or movie has aired, you'll have a file on it as proof.
It is also very important to know and understand how money can be generated from licensing songs. Three separate streams of income could come from the following:
1) A Synchronization License fee (also known as a "Sync" License fee) on the "front-end" which is a fee for the actual use of a composition in a film or TV program.
2) A Master Use License fee on the "front-end" as well which is a fee for the use of the actual Master recording.
Both a Sync and Master Use agreement can be lumped into one license if the Master and Copyright owner are the same person or entity. This is often preferred by Music Supervisors due to the ease of licensing. Generally speaking however, there will be at least two different Licenses issued by two or more parties.
3) A Public Performance royalty on the "back-end" which is a royalty for the "public performance" or "broadcast" of a song that is aired over a television station (including cable and local) as well as foreign theaters. Performance royalties are not collected for the use of music on films in movie theaters within the United States because of a 1948 court decision when most of the major film studios also owned the movie theaters. Even though this is not the case today, this non-licensing status has never been reversed.
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Here a few resources for a complete list of Music Supervisors
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How do I find or contact a music supervisor and what are the chances that they will really listen to my music?
While there is no "directory" that specifies what supervisor may be working on a particular project, the information is out there if you take the time to look. There is resource material available that lists Music Supervisors and their contact information, but it generally won't list projects (see the end of this article). Also, keep in mind that the question, "So what are you working on?" is incredibly annoying. The reality is that you, the licensor, aren't really interested in what we're working on but rather how can you get involved. Remember, you are just one person, but we get bombarded by people all day long. Accordingly, you want to make the conversations quick and painless for us. Try something to the effect of "Is there anything you're looking for or need?" or "Can I help you with music in any way?" Also, we constantly listen to music but it must be done at our pace. We know you're anxious to hear back and do business, but if you haven't gotten a call it means that we haven't found anything of use yet. You wouldn't want someone standing over your shoulder bugging you to finish writing a song, right? You can always check back. Two months is appropriate versus a few days down the road. In addition, only send what we request. Do not "throw in a few extra things just in case." It only confuses the entire process and takes up limited office space.
How would a music supervisor want a CD presented to them for each project?
Make all the contact information (artists and songs) clear, simple and highly visible on the CD as well as the jewel case with the important information on the spine. Some even like to include the name of the artist on the spine as well. We need the facts ‚ artist and record company (or if self-released), writer(s) and publisher(s), PRO (performing rights organization) affiliation and contact info. Ideally, it is also helpful to include the genre (Latin, Alternative Rock, etc.) and tempo (Mid-tempo, Ballad, etc.) of each track along with what project the song is being pitched for. It is generally not necessary to send bios or glossies. We can always get that from you later. If you don't have neat handwriting though, you should print the information from a computer. Please note: Music supervisors are not record companies! We are not concerned with how cool you are or how artsy your album looks. The creativity will shine through in the music, but if we can't locate you or find your album in the sea of material we constantly get ‚ we can't license your music.
What should I know about the film or television project before submitting any of my songs?
First, you should know what type of music the music supervisor is looking for. Investigate the nature of the production you are submitting for and use deductive reasoning. Second, make sure that ALL the legalities of your music are in order so that when we contact you to license your material it is quick and easy. This is a business and relationships are crucial. Being a fantastic songwriter or artist is not enough. And remember, there is never only one song that works for a particular scene. If it is difficult or becomes too complicated to do business with you, we will find another song and another person to license from, period.
What are the rights and terms I can expect to deal with when licensing a song?
While all License Quote Requests look different, they all contain the same basic information. There will be a "Rights" section that reflects the licensing needs of a particular Production (like theatrical, television, home video or trailer use), a "Territory" section that defines where a Production needs rights for, a "Term" section that defines the period of time a license is good for (most companies try to license "in perpetuity") and a section that has a description of how the song will be used within the body of a show and for how long.
How do I compete with other major publishers and major record labels?
Make the licensing of your material FAST, EASY and INEXPENSIVE. We will keep coming back. Keep it simple ‚ No extra pictures, folders or press stuff. BUILD THE RELATIONSHIP. Don't try to bilk a supervisor for a big score up front. Think long-term. If you end up walking away with less than you hoped, it is not a reflection on your creativity. It is merely a byproduct of a supervisor's project budget.
What can I do to make sure my music is available and ready to license and what would make my package stand out to a music supervisor?
There are many books on the subject of licensing and your PRO rep is available to help you through the legalities of it all. It's difficult to say what will make a package stand out as our creative needs are constantly changing. Some music supervisors might be more visually oriented and would give more attention to a CD that looks unusual (even if its just a color xerox), as long as the song titles are easy to read. The important thing is to keep developing relationships and don't be too pushy. Something will happen eventually. Be sure to add a cover letter referencing the conversation and the project you are submitting for. Also, including a "post-it" of standout tracks may work as we don't often have time to listen to an entire album. Feel free to call but don't do it too frequently. Again, once every two months is appropriate.
Should I have a manager or lawyer or other representative submit my songs on my behalf?
Frankly, this only works if your manager or lawyer has a relationship with a music supervisor. If they don't, it's no different than you calling. However, if you are unable to conduct business on your own in an appropriate manner (which is okay, many artists can't), find a representative who can do this on your behalf. But keep in mind that, in the eyes of most supervisors, the involvement of an attorney tends to put us off. It smacks of being too complicated and difficult to license. Any representative should incorporate everything previously discussed in this article into his/her approach as well.
FINAL NOTE
Music supervisors for television in many cases are more in a position to place songs than in major films, usually because time is a big issue. In major films, there are more decision makers that may get involved with the music decision process. However, for independent films it may vary. Also, in television, production studio executives and network executives in their music departments are the ones who hire music supervisors. Although these executives have final approval over the music, it is typically left up to the music supervisors to place and clear the music licenses.
It is important to understand that television music licensing business is cyclical and for the most part, coincides with pilot season. A majority of pilot programs are produced in January through April, then in May the networks makes the announcements of the new programs chosen for the fall season. Therefore, a large portion of music licensing takes place in the summer during the preparation for the fall season, which starts in September. If you really want to contact the right person for a particular show or movie, the best thing to do is watch for the credits at the end of that program or movie and start there.
While all of these comments and responses came from music supervisors (and most of them share similar views), every person is different and there is no exact formula for getting music or songs into film and television. That is why it is up to you, the individual, to do your homework and understand the music business as well as the players involved.
Contributions to this article were made by PJ Bloom. Additional comments were also contributed by Thomas Golubic, Julianne Jordan and Bambi Moé.
PJ Bloom's recent credits include Michael Mann's "Robbery Homicide Division," "The Shield," Crazy/Beautiful and John Frankenheimer's Path To War.
Thomas Golubic's credits include: HBO's "Six Feet Under, Synchronize:the Live Re-scoring/DJ residency at club Dorscia, and radio host at KCRW FM in Los Angeles.
Julianne Jordan's credits include the upcoming feature film Agent Cody Banks (2003), The Bourne Identity, Rollerball, Tortilla Soup, Go and Swingers.
Bambi Moé is a Film/TV/ Commercial music licensing rep for indie recording artists. Clients include Jonatha Brooke, Nina Storey, Judith Owen, Cary Pierce and others. Moé is a former VP of Music at Walt Disney Television Animation and provided music supervision on numerous features and TV series including A Tigger Movie, PepperAnn and A Goofy Movie.
By Jeffrey Brabec and Todd Brabec
PART ONE
Whether the score is dramatic, soothing, romantic, comedic or foreboding, it is an integral part of the fabric of any motion picture.
INTRODUCTION
Music in the movies is an essential element of the filmmaking process and is one of the main factors that helps to determine box office success or failure. Think of a motion picture without music - whether it's an orchestral or synthesizer score, a brand new hit song or a long time standard - and you'll begin to realize the value and contribution of music and lyrics to film. And whether you're a producer, a director, an agent, a composer, a songwriter, a studio executive, a music supervisor, a business affairs executive, or anyone involved in film, or who wants to get involved.
THE FILM BUSINESS
Most feature films are produced either by the major Hollywood studios or by hundreds of U.S. and foreign independent production companies. The independents range from major companies just below the rank of the well-financed, all-purpose studios, to medium and small continuing companies, to firms that fold up their tents after just one production.
| ...there are many thousands of films produced each year worldwide which do well, make money, and create income opportunities for composers and songwriters... |
Filmmaking costs have skyrocketed in recent years. The average cost to produce, market and advertise a film in today's industry is in excess of $75 million versus a 1980 figure of $16 million. Out of necessity, films are now financed in a variety of complex ways including major studio backing, joint ventures, outside private or public investors, limited partnerships and pre-sales of ancillary and distribution rights, among others. Regardless of how a film is financed, though, all parties involved normally have a good idea of the principal revenue-producing areas from which their investment will be recouped and, they hope, a profit made. They usually are also familiar with the various stages of production which ultimately lead to the release of a finished motion picture.
Though the stakes are high, the returns for a blockbuster hit can be monumental. In 1976 only one film had generated over $100 million in U.S. and Canadian box office receipts; by 2000, close to 200 films had reached the $100 million mark. Considering also that foreign markets can equal or surpass the U.S. and Canadian gross (the film Titanic grossed over $1.8 billion worldwide, with Star Wars: Episode I-The Phantom Menace at $920 million), the profit potential for a hit can be astronomical despite the high cost of producing a film as well as the odds against box office success. Blockbusters aside though, there are many thousands of films produced each year worldwide which do well, make money, and create income opportunities for composers and songwriters, both in the initial year of release and for many years afterward.
THE MARKET
The initial market for any film is the exhibition in U.S. and foreign motion picture theaters. Films are then released as DVDs, video cassettes and laserdiscs for purchase and rental, with subsequent sales to pay-per-view, to pay cable services (HBO, Showtime, Disney, The Movie Channel, etc.), to the television networks (ABC, CBS, NBC, FOX, etc.), to local television stations or basic non-pay cable services (USA Network, Lifetime, etc.) and to foreign television and cable stations. Soundtrack albums and singles are also often released with many of them becoming major chart hits, in turn creating additional income from such ancillary sources as U.S. and foreign performance income from radio, television, cable and theater performances, worldwide mechanical royalties from tape and CD sales, download and streaming royalties and commercial advertising fees, among many other sources.
TYPES OF MOTION PICTURE MUSIC
Motion picture music falls into three basic categories: underscore (James Horner's score to Titanic, John Williams' score to E.T.,or Randy Newman's score to Toy Story 2); the pre-existing song or song and original master recording (Bruce Springsteen's "Hungry Heart" for The Perfect Storm, Steve Miller's "Fly Like An Eagle" for Space Jam, the Guess Who's "American Woman" in American Beauty); and the song written specifically for the film (Diane Warren's "I Don't Want To Miss A Thing" for Armageddon, Phil Collins' "You'll Be In My Heart" for Tarzan and Harold Arlen's and E.Y. Harburg's "Over The Rainbow" for The Wizard Of Oz.)
Each of these three distinct types of music in film involve very different negotiations, contracts and considerations and produce very different backend royalties once the film is released.
THE PRE-EXISTING HIT SONG USED IN A FILM
| Most successful motion pictures use hit songs to create a period flavor, establish a mood... |
Most successful motion pictures use hit songs to create a period flavor, establish a mood, give an actor a chance to sing, make people laugh, make people cry, elicit emotions, and create interest in the movie through successful soundtrack albums and hit singles. A film producer who wants to use an existing song in a motion picture must secure the permission of the music publisher to use the composition in the film. Once an agreement is reached as to a fee, the producer will sign what is known as a synchronization or broad rights license, which will give the studio the right to distribute the film theatrically, sell it to television, use the song in motion picture theater trailers or television and radio promos, and sell videos. The synchronization fee received by the music publisher is shared by contract with the songwriter.
Determining How Much To Charge For A Song.
When the call comes in from the music supervisor of a motion picture, there are a number of factors that must be considered in determining how much to charge for the inclusion of a song in a film, including:
- How the song is used (i.e. vocal performance by an actor on camera, instrumental background, vocal background)
- The overall budget for the film, as well as the music budget
- The type of film (i.e. major studio, independent, foreign, student, web)
- The stature of song being used (i.e. current hit, new song, famous standard, rock n' roll classic)
- The duration of the use (i.e. one minute, four minutes, 10 seconds) and whether there are multiple uses of the song
- The term of the license (i.e. two years, 10 years, life of copyright, perpetual)
- The territory of the license (i.e. the world, the universe, specific foreign countries)
- Whether there is a guarantee that the song will be used on the film's soundtrack album
- Whether the producer also wants to use the original hit recording of a song, rather than re-recording a new version for use in the film
- Whether the motion picture uses the song as its musical theme as well as its title
Actual Fees Paid For Existing Songs.
| There are no hard and fast rules in this area as the fees are negotiated in the context of each individual film... |
The synchronization fees charged by music publishers for major studio films are usually between $15,000 and $60,000 (with the majority ranging from $20,000 to $45,000) but can be lower if the music budget is small or higher if the song is used several times in the motion picture, if the use is under the opening or closing credits, if the song is a major hit, or if it is vital to the plot or particular scene of the motion picture. There are no hard and fast rules in this area as the fees are negotiated in the context of each individual film; the same song may be licensed at very different rates for different projects (i.e. major studio release, independent film, foreign film, film festival license only, web production, or student film).
It should also be mentioned that record companies normally charge between $15,000 and $70,000 for the use of existing master recordings in a major studio film but, depending on the stature of the artist, the length of the use, the music budget and how the recording is being used, these fees can be greater or less.
Opening And Closing Credits.
Because the songs used over the opening credits of a motion picture many times reflect the theme or ambiance of the film, they are many times more important to the film than other songs used for background. The same is often true for use of a song over the end credits, although it is becoming more common for many songs to be run during the closing credits in order to complete the requirements for a soundtrack album. The fees charged by publishers are almost always higher than other uses of music in a film and usually range from between $30,000 to $65,000 for synchronization and video rights, but each negotiation and final price depends upon many of the factors mentioned earlier (i.e. budget of the film, music budget, importance of the song, whether there are replacement songs available, etc.). If the title of one of these opening credit songs is also used as the title of the film (but the film's plot is not based on the story line of the song) the fees are increased further (i.e. from $75,000 to over $500,000).
Trailers and Advertisements.
As previously indicated, the synchronization license usually grants the producer the right to use all music in the film in theatrical trailers (previews of upcoming films which are shown in movie theaters) as well as in television and radio promos. An extra fee is charged for promos which use the song out of context (i.e. when the song is used throughout the entire commercial over many scenes, as opposed to just in the scene in which it actually occurs).
Deferred Payments.
On occasion, producers of documentaries, lower budget films or films which have substantially exceeded their production budgets at the time music is being selected will ask a publisher to reduce its up-front synch fee for a song and, in return, guarantee an additional payment or payments at some time in the future if the motion picture turns a profit or exceeds certain agreed-upon gross or net dollar plateaus.
| ...most publishers recognize the importance of assisting young filmmakers, since they are an integral part of the future of the entertainment industry. |
Student-Produced Films.
Because student-produced films have limited chances for commercial success and small budgets, many music publishers will license their songs for substantially reduced fees. In such cases, most publishers recognize the importance of assisting young filmmakers, since they are an integral part of the future of the entertainment industry. Songs will sometimes be given to these young producers via a limited license for free or for a nominal cost so that their projects will be realized and their careers advanced. Most publishers, however, will provide that if the project has any type of commercial success or secures more than just film festival or art house distribution, an additional fee or fees will be paid; a proviso which not only helps young producers get their projects off the ground but also ensures adequate compensation to the publisher and songwriter for their generosity if the film realizes national distribution or achieves some kind of financial success.
Multiple Uses Of A Song.
If a producer uses a song more than once in a motion picture (i.e. over the opening credits and in two scenes of the film), the fees charged by music publishers will be higher than if the song is only used once. The importance of the song to the plot development or movement of the film (i.e. if it becomes a signature song for an important character) can also be a factor that raises the price.
Lyric Changes.
Occasionally a film producer will request permission for a lyric change in a song which will either be re-recorded for the film or sung by one of the characters in the motion picture. When such a request is received, a music publisher should ask for a copy of the new lyrics, a plot summary of the film, and a scene description including script pages so that it knows exactly how the song will be used before making a decision. A publisher may have certain restrictions in its agreement with the songwriter (i.e. all changes in the English lyrics to a composition must be with the approval of the writer), that require additional consents from the songwriter or his or her estate.
Duration Of License.
The term of the license is virtually always for the entire copyright life of the song unless the film is a documentary or other noncommercial film intended for only limited theatrical release.
Rights Granted To The Film Producer.
The motion picture synchronization fee paid to the music publisher (which is shared with the songwriter) for the use of a song includes the right to distribute the film to network, local, syndicated, pay-per-view, pay, satellite, cable and subscription television stations; the right to show the film in motion picture theaters in the United States; and the right to include the song in trailers, previews and advertisements of the motion picture.
Foreign theatrical distribution rights (i.e. the right to show a film in motion picture theaters outside the United States) are also given to the producer, but such rights are subject to the payment of performance fees by theaters to the various performance rights organizations in countries outside the United States.
Territory.
The territory of the license is normally the universe or world but, in the case of certain television miniseries, made-for-TV movies, and weekly series that are broadcast on television in the United States and shown as a feature in foreign theaters, the territory may be for the universe or world excluding the United States.
| ...a "film festival" license may give the producer the right within 18 months after the initial showing of the film to extend the territory and the duration of the license for an additional fee.. |
Limited Theatrical Distribution.
Depending on the nature of the film (normally in the case of documentaries or art films which do not have mass market appeal), the license may be for a limited duration and apply to the distribution of a film on a limited theater engagement or "film festival" basis. Fees for this type of license are less than those charged for commercial theatrical features with wide distribution. In many cases, the producer will also have the option to theatrically distribute the film on a broader basis for an additional fee and put it on home video for another prenegotiated fee - important rights if a film is well received or receives an award from an important film festival competition and goes into national distribution. For example, a "film festival" license may give the producer the right within 18 months after the initial showing of the film to extend the territory and the duration of the license for an additional fee.
New Multimedia Uses.
The grant of rights clauses with respect to new media are somewhat negotiable, with some film companies providing for a good-faith negotiation provision as to "not currently in existence new technologies" or "new technologies not currently widely available;" other companies being amenable to an increased fee for the addition of new technology uses; some companies adding a set, non-negotiated dollar amount to the license fee, which will cover new technology uses; and still other companies negotiating the inclusion or non-inclusion of such language and the corresponding fees on a case-by-case basis.
Soundtrack Album Guarantees.
On occasion, a music publisher will reduce the motion picture synchronization fee for a song if the producer guarantees that the song will be on a soundtrack album released by a major label. Sometimes there are even guarantees of an "A" side single release, but these usually occur only when a successful recording artist on a major label records the song for the film. In this case, the publisher may give two price quotes; a higher figure if the song does not make the soundtrack album or if an album is not released and, because of the possibility of additional ancillary album income, a lower quote if the soundtrack provision actually takes effect. For example, if a publisher gives a $25,000 quote for the use of a song in a film, it also might agree to reduce the price to $22,000 if there is a guarantee of a nationally distributed soundtrack album and may even further reduce the fee if the song becomes an "A" side single from the album.
Part Two reveals what you need to know about getting your songs into movies and making the right deal. There is nothing worse than to see a film open to rave reviews with a hit soundtrack and an Oscar nomination and know that your song could have been in it... but wasn't...
By Jeffrey Brabec and Todd Brabec
PART TWO
One of the most difficult types of songs to write for any lyricist or composer is the song specifically written for a movie.
The Song Written For A Film ... The Contract ... Writer Services ... Writing Fee ... Screen Credit ... Ownership and Publishing ... Grant of Rights ... Songwriter Royalties ... Songwriter/Recording Artist
Most songs written for films produced by the major film studios and production companies are by professional writers living in or near the major film producing capitals of the world (Los Angeles, New York, Toronto, London, etc.). Many of these writers are also recording artists or record producers. Because of the tight time limits of film production and release dates as well as the amount of money invested in films, film producers look for professional and disciplined writers who many times can also produce and record the song for the film. They are almost always hired on a non-exclusive basis whereby the writer can work on other projects during the term of employment with the film studio. Most writers, before they start writing, will be given a description of the film as well as what the song will be about as well as where the song will be in the film.
| ...film producers look for professional and disciplined writers who many times can also produce and record the song for the film. |
When a producer hires a composer or lyricist to write a song for a film, the compensation as well as the rights of all parties are set forth in a commissioning agreement. These contracts typically state that the producer employs the composer or lyricist to write a song within a stated period of time in accordance with certain ideas and instructions supplied by the producer. A due date for a demo record is set forth in the agreement, and the producer almost always reserves the right to make any changes. Upon delivery of the song, the writer receives an initial fee (for example, $25,000 for a song; $2,500 for the lyrics) as well as a guarantee of additional future compensation in the form of songwriter royalties which are contained either in the body of the agreement or attached as a separate schedule (i.e. 50 percent of mechanical income earned from record, tape and CD sales; a set rate for sheet music; 50 percent of any synchronization income from the uses of the song in a television series, other motion pictures, or advertising commercials, etc.). The writer also normally receives screen credit for the composition. In consideration for the writing fee, the writer usually grants all rights to the producer (with the exception of his or her share of royalty income) under an employee-for-hire or work-for-hire contract.
The songwriter is employed by the film producer to write a new and original song (or songs) for the motion picture entitled (Name of Picture). The contract will specify whether the writer is being hired to write a complete song or to provide lyrics to new or already composed music. In some cases, the contract will be a joint agreement between the producer, the composer of the music, and a separate lyricist. The "work" shall be written in accordance with such ideas and instructions as producer may supply to the composer and lyricist and shall be suitable, in producer's opinion, for use in the film. A delivery date for the song and/or the master recording will be set with acceptance of the song conditioned on the sole discretion of the producer.
| The writing fee will be negotiated depending upon whether lyrics, music or both are being contracted for... |
The writing fee will be negotiated depending upon whether lyrics, music or both are being contracted for as well as whether a producer and artist is involved. Some of the main considerations as to the amount of the fee are the nature of the production (major studio release, independent studio feature, film festival release, student film, etc.), the stature and past success of the writers, the music budget, the type of use (visual vocal, background, etc.) and the experience and clout of the agent involved. Fees can range from below $1,000 to over $100,000 for a song with additional monies due for a master recording.
If the writer is a record producer or an artist, the fees will normally be separated according to the different aspects of the services (i.e. $120,000 payable $25,000 to write the song, $45,000 to cover the costs of recording and producing the song and $50,000 as an artist advance against royalties).
| ..."most favored nations" credit whereby no other song will receive more favorable credit size and placement.. |
Most song credits will appear in the closing credits of the film but some writers negotiate single frame credit as well as a "most favored nations" credit whereby no other song will receive more favorable credit size and placement. Occasionally, a major writer/artist is able to negotiate a single frame credit in the opening credits, but such placement is rare.
The song will normally be specified as a "work for hire" with practically all rights and publishing owned by the Producer. Most major studios and production "companies" own their own publishing companies and assign the film songs to these entities.
| The song will normally be specified as a "work for hire" with practically all rights and publishing owned by the Producer. |
Some major writers are able to negotiate a retention of all music publishing or a co-publishing deal with the studio or production company but this is the exception rather than the norm. Also, some writers are able to get the song back (a reversion) from the studio if the song is not used in the picture, but again, this is a matter of negotiation.
The Grant of Rights provision is usually a very broad one and is similar to the grant given in the composer underscore contract. For instance, a clause might read "Composition is specifically ordered or commissioned by the Producer for use as part of a motion picture entitled, ______, and is a "work made for hire". Producer is the author and composer for all purposes and the owner of all right, title and interest, throughout the world, for all purposes, without condition, restriction or limitation subject only to royalty compensation as set forth herein".
A list of all the standard songwriter royalties will always be made part of the contract. This is so regardless of whether the contract is a "work for hire" or a standard songwriter or songwriter co-publishing agreement. These include the writer's share of performance, synchronization and mechanical income, sheet music and folio income, digital download income, foreign income, etc. If the writer is also the record producer of the song as well as the recording artist, artist and producer percentage royalties will also be negotiated and set forth in the contract.
| A list of all the standard songwriter royalties will always be made part of the contract. |
There is a growing trend for film producers to contact songwriters who are signed to exclusive agreements with music publishers to write a song or songs for an upcoming motion picture. In most of these cases, the songwriter (who is usually a recording artist) and his or her music publisher will give the motion picture company a 50 percent interest in the copyright to the newly created composition. In virtually allinstances where the writer is a recording artist, the terms of the soundtrack album will also be negotiated, including artist/producer royalties and mechanical licensing arrangements.
In some cases, the film company will provide the writer with a demo budget so that the producer will be able to hear the newly created composition with further payments due upon delivery of the final composition to the film company and inclusion in the motion picture. For example, the film company might pay the writer to produce a demo recording and make an additional payment upon completion of the composition and another payment if the composition is actually put in the motion picture.
Part Three continues the process of getting your songs into movies and making the right deal, with a special focus on the underscore.
By Jeffrey Brabec and Todd Brabec
PART THREE
The world of the feature film background music composer is not only one of the most creatively stimulating and financially rewarding areas of music, it is also one of the most demanding in terms of musical expertise and training, conducting experience, and discipline in the meeting of rigorous timetables and deadlines...Having a song in a motion picture or composing a score to a film can open up an unlimited number of opportunities and prove to be a lifetime annuity for writers and music publishers.
The underscore, sometimes referred to as the background music score, is the music that makes up the majority of music used in film. It is the music you hear under dialogue, in chase scenes, in romantic settings and throughout the picture. Sometimes it is an orchestral score using the services of a 50 person orchestra; other times it is a small chamber ensemble, or a solo instrument (i.e. a piano or guitar), or created on synthesizers.
The Feature Film Underscore Contract.
The contract that a background scorer signs with a major studio or independent production company is standard for almost all composers in some areas, yet completely negotiable in others. Three of the primary factors affecting whether a standard or nonstandard contract is finally settled upon are the stature and past success of the composer, the size of the music budget, and the knowledge, power and stature of the composer's agent negotiating the deal.
The basic areas covered in every motion picture underscore contract relate to:
- The types of services to be performed by the composer
- The length of time during which they are to be completed
- The fee for those services
- How that fee is to be paid
- Transportation and living expenses
- Screen, as well as all types of advertising credit
- The ownership of the copyright
- Composer and artist royalties for uses of the music outside of the film
- The handling of performing rights payments
The following clauses form the basis of any composer contract in the world of movies.
The scorer is hired to compose all of the underscore (and in some cases, individual songs) for the film as well as to arrange and orchestrate the score; to conduct an orchestra to record the work; to produce, supervise, and edit the recording of the score; and to deliver the final, fully edited and mixed master recording in accordance with the film's postproduction schedule. Some composers will do everything themselves whereas others will "farm out" some of the duties (i.e. orchestration, conducting, etc.).
| A sample contract clause might read "Services are to be commenced on the "spotting date of the picture and completed within 12 consecutive weeks from that date". |
Starting and Completion Dates.
As many composers are brought into the film shortly before the film is in post production (the point at which the film has been shot and edited), the time to compose and record the score is usually relatively short (for instance, 4 to 12 weeks) and depends on the post production schedule as well as release date of the picture. In some circumstances, a major composer hired to score a big budget picture will be brought in during the early stages of pre-production or shooting, but that is the exception. A sample contract clause might read "Services are to be commenced on the "spotting date of the picture and completed within 12 consecutive weeks from that date".
The composing fees paid to a feature film composer vary considerably depending on the past success and stature of the composer; the amount of music needed in the film; the type of music required; the total budget for the film; the total music budget, including the cost for licensing preexisting outside songs or master recordings; whether the film producer is a major studio, a major independent, or a minor player in the film world; the size of the orchestra needed to record the score; whether the composer is contracting to bear all or most of the costs of music (a package) or only negotiating the composing fee; whether the film is intended for wide distribution or only a limited release; the standard fees paid by a particular studio versus the fees of other studios; and the skills of the individuals on both sides of the negotiation fence--the studio and the composer's agent. Depending on many of the above factors, composing fees can range from $20,000 for a lower-budget film to in excess of $1,000,000 for a big-budget studio release using the services of a well-known composer.
One of the considerations that dictates the amount of the fee negotiated in the composer-studio contract is whether the composer is assuming responsibility for all costs of his or her efforts (i.e., costs of musicians, recording, copying, orchestrators, instruments and instrument rentals, cartage, payroll and payroll taxes, etc.), or is solely contracting for composing and conducting services. If one is contracting for the whole package, all items that the composer is agreeing to furnish (as well as all exclusions) should be specifically spelled out in the contract. Some items that should be excluded include the licensing cost of any music not written by the composer (outside songs), and any re-scoring or re-recording costs required for creative reasons after the delivery of the master recording that are outside the control of the composer.
| The type and placement of screen credit for a composer is a negotiable item. |
The type and placement of screen credit for a composer is a negotiable item. A separate card will usually read "Music by (the composer's name)." The credit can be in the main titles and of the same size as the star, the producer, writer of the screenplay, or director, or it can be at the end of the film in a size somewhat less than the other principals. Most well-known composers are able to negotiate the inclusion of their names in all paid advertising (newspapers, magazines, etc.) as well as on soundtrack albums and all printed publications (sheet music, song folios, songbooks, etc.).
Most film composer agreements state that the composer's services are exclusive to the producer or company during the entire term of the scoring agreement or exclusive during the recording and mix down of the score per the post production schedule and non-exclusive during all other times. Other contracts state that the services are non-exclusive but on a first priority basis.
Many composers either live or have accommodations in the cities where the primary movie production and recording facilities are located. For certain motion pictures, though, the producer will require the composer to travel. A sample clause might read:
"$1,500 a week while away from Los Angeles for hotel, meals, local transportation, and phone (accommodations and expenses), as well as first-class round-trip transportation for the composer and spouse."
| ...it is not unusual to see in the contract the inclusion of phrases such as "all other rights of any nature whatsoever," "perpetual and unlimited rights," or "any rights throughout the entire universe whether now or hereafter existing". |
Practically all composer underscore agreements are employee-for-hire or work-made-for-hire agreements; that is, the musical score is created at the specific request of and under the direct supervision of the film producer. For the all-inclusive composing and services fee, the composer "grants to the producer all rights, title, and interest throughout the world in perpetuity, in and to the work and the recordings." By this grant, the producer owns the worldwide copyright for the entire term of copyright protection. The typical grant-of-rights provision signed by composers gives the studio the exclusive right to publish the composition, to make and sell sound recordings, to execute all licenses regarding the use of the work, to change the work, to combine the work with other works, and to transmit the work by any means now available or to be available in the future. This clause is normally of the broadest nature possible, and it is not unusual to see in the contract the inclusion of phrases such as "all other rights of any nature whatsoever," "perpetual and unlimited rights," or "any rights throughout the entire universe whether now or hereafter existing".
Under an employee-for-hire contract ("work for hire"), the producer (normally the movie studio or production company) becomes the author pursuant to the U.S. Copyright Law. Any specific rights to the music that the composer may retain must be stated in writing and signed by all parties. The duration of copyright protection for "works for hire" created on or after January 1, 1978 is 120 years from the year of creation or 95 years from the year of publication, whichever is shorter. The copyright duration for other types of works written on or after January 1, 1978 is life of the author(s) plus 70 years. Through this grant, the studio becomes the owner of all rights of copyright and is usually free to assign or license those rights to others.
The primary composer royalties, in addition to the composing and services fee contained in most background composer contracts include all or most of the royalties as set forth in the standard songwriter agreement including the right to receive performance royalties, mechanical royalties, sheet music and folio royalties, foreign royalties and synchronization royalties, among others. If the composer is also the producer of the soundtrack album as well as the conductor on the album, additional producer and artist royalties will be negotiated. For example, a sample clause might provide 3% of the suggested retail price of a CD (6% wholesale) as a producer and 7% of retail (14% of wholesale) as a conductor with a pro-ration based upon the number of other "outside" tracks on the CD.
Performing Right Society Membership.
| There is a performing right organization (PRO) in every major country of the world with the largest in terms of revenue and royalties, ASCAP, located in the United States. |
For most film composers, performing right payments represent their main source of royalty income. There is a performing right organization (PRO) in every major country of the world with the largest in terms of revenue and royalties, ASCAP, located in the United States. These PROs negotiate music license fees with the users of music (television stations, cable, radio, web sites, live concerts, etc.), collect those fees and then distribute them to writers and music publishers based upon surveys of performances in different media. Practically all composer contracts will have a clause requiring membership in a PRO. For example, "the composer must be a member in good standing of a performing right society as well as any other applicable labor organization, guild, or union that may have jurisdiction".
For composers who are members of societies outside of the U.S. (i.e. a writer who is a member of PRS in the UK, or APRA in Australia, SOCAN in Canada, SACEM in France, SIAE in Italy, IMRO in Ireland, GEMA in Germany, or SGAE in Spain, etc.), they can choose on a per film basis who will represent them for licensing in the U.S. The reason for this is that the U.S. is one of the few countries which has multiple PROs, all of which are in competition with each other. That is why it is important that foreign composers writing for film always specify in their contracts what U.S. organization will represent them for the negotiation, collection and payment of performing right payments for each film as each U.S. PRO has entirely different payment schedules, both short term and long term, as well as very different owners, philosophy and contracts.
Based upon agreements between societies, U.S. writers are covered for performances of their works outside the U.S. just as foreign composers, by being a member of a foreign society, are covered for U.S. performances of their works.
Finally, many contracts have clauses specifying what would happen to performing right payments "if a broadcasting station (or other user) does not have a current valid license agreement with ASCAP or BMI or if it becomes unlawful for the performance right society to issue a license or if a station or producer requires a direct or source license".
The producer has no obligation to accept the finished score, to use the score in the picture, to promote or exploit it, to release it on a soundtrack album, or even to release the picture. Further, the producer may request certain changes, deletions, or additions to the finished score prior to accepting it.
Warranties/Re-Recording Restriction.
The warranty clause states that the composer is free to enter into the agreement, that the music will be entirely original, that the composer's services and skills are unique and of the highest caliber, and that he or she can grant all rights in the music (including the copyright) to the film's producer. The composer will normally submit a Certificate of Authorship to this effect. Under the re-recording restriction clause, the composer agrees not to conduct, produce recordings, or re-record the motion picture score for anyone else for a stated period of time (3 to 5 years normally) commencing from the date of the delivery of the score and master recordings to the producer.
| ...to consult with the producer as to the style, content, and all other elements of the score.. |
Instructions and Requests of the Producer.
The composer agrees to comply with all of the producer's reasonable instructions and requests, to compose the score to the best of his or her ability, and to consult with the producer as to the style, content, and all other elements of the score. In addition, the composer agrees to meet with the producer or the producer's representatives for approval of the recording budget.
Suspensions, Terminations and Force Majeure.
Scoring contracts will always have provisions dealing with what happens if a composer is unable to, fails to or is unwilling to perform his or her duties (illness or other disability, disagreements, etc.) as well as if the film company has to interrupt the preparation, production or completion of a film due to reasons beyond the producer's control - a Force Majeure (i.e. fire, war, labor dispute, etc.). The rights of both the composer and the film company are specifically set forth in the contract and can range from suspensions, to holding the production in abeyance for a certain period of time to termination if the condition continues for a specific period of time (i.e. a physical disability that lasts for 4 weeks or a labor dispute lasting for 8 weeks).
In the event that any infringement or other claim is made against the producer or the publisher in regard to the musical score, any monies payable to the composer shall be withheld until a final determination.
Part Four discusses music cue sheets and their importance.
By Jeffrey Brabec and Todd Brabec
PART FOUR
Music Cue Sheets and Their Importance
Cue Sheet
Conclusion
About ASCAP
MUSIC CUE SHEETS AND THEIR IMPORTANCE
After a motion picture has been produced and a final version has been edited, the producer will prepare a music cue sheet.
The cue sheet lists:
- All of the music used in the film
- How the music was used
- Its timing in seconds
- The identity of the writers and music publishers
- Writers’ and publishers’ performing rights affiliation
- If pre-existing master recordings have been used, the identity of recording artists and record companies
The cue sheet is the cornerstone of all royalty payments for a film. Considering the amount of music used in most films, this cue sheet is usually completed within 30 days after theatrical release, but depending on the producer and available staff, it can be longer.
Some music cue sheets contain scene explanations and dialogue details, but most cue sheets do not have specific scene reference points as to how and when music is used in a motion picture. Most contain only chronological information on the titles, writers, publishers, performance right membership, master recording information, timing (20 seconds, two minutes, etc.) and generic usage (visual vocal, underscore, etc.) without detailed scene descriptions.
Since performing right organizations and other representatives of rights holders use music cue sheets to determine how music is used, who owns the music and how much in royalty payments are to be made when a film is aired on television or shown in a theater, it is essential that a cue sheet be completed accurately. Because a motion picture uses so much music in so many ways (underscore, visual vocals, background vocals, background instrumentals, opening and closing themes, etc.), it is not unusual for mistakes to be made on cue sheets, whether it be a false timing, a mislabeling of a song’s use or an incorrect identification of the writer and publisher and their performance rights affiliation. By reviewing a copy of the cue sheet, the writer and publisher can correct any inaccuracies before the producer distributes the cue sheet to performance right and other organizations throughout the world. To this effect, many background composer contracts specifically state that the composer will be involved in the preparation of the cue sheet.
CUE SHEET
Types of Use: Background Instrumental (BI), Background Vocal (BV), |
Scoring a film or having a song in a film can provide a lifetime of earnings to a composer or songwriter. In addition to the initial writing or synchronization fee, composers and songwriters can earn royalties from many sources including record, CD and tape sales (mechanicals), U.S. and foreign television, cable and radio performances, theater performances, downloads, streaming and artist and record producer royalties, among others. In order though to make sure you receive what you are due, you must know what is in the contracts you are signing, the many considerations involved, and the areas that are open for negotiation as well as those that are standard for everyone. Writing for film involves creativity but it also involves a multi-billion dollar worldwide business. Knowledge of how the business works is essential for success in this area.
How to get your music on TV & FILM !
your music on TV & FILM than trying to find that record deal,plus
the money is greater and the rewards can be from $3,000-$500,000.
depending on the budget.
MAKE MONEY WITH YOUR MUSIC IN FILMS
JUST BY TALKING TO PEOPLE (06/10/2006)
Article By:Phil Johnson of Roadside Attraction Musician
Licensing your music into films is a great extra income stream for you as an
independent artist. But, as with any other aspect of the music business, you
have to go through the learning curve and networking process. My experience
with film licensing, just like everything else, revolves around whom you know.
Your first (or tenth) licensing deal probably won't be the next Hollywood
blockbuster, but that's ok. There are a zillion independent films that need and
want your music. No, you won't be immediately rich and famous from having a
song in an indie film, but you will probably get paid, and you'll get some good exposure.
Remember, a good long music career is not built on one big hit.
It's built on a series of small projects and successes building to bigger ones, and,
of course, multiple streams of income.
With that in mind, independent films are a great place to start. So where do you begin?
Well, listing sites like Versus Media, Film Music Network, and Taxi are a good place to
start, but it's hard to rely on a steady income from people you've never met. Also, something
I've learned recently from a couple of music supervisors, is that follow up on your package is
not required, nor particularly appreciated. So you really are relying on your package and
your music being picked out of the pile. However, the listing services will give you access
to projects you may not have known about otherwise. They are, therefore, a good investment.
An even better way to hook into independent films is to go out and meet film people.
As musicians we tend to get stuck in our own little world. Hanging out with musicians,
going to music workshops and events, etc. You must take your product to the people
who need it instead of waiting for them to come to you.
A great place to start is Indie Club. This is a worldwide organization of independent
filmmakers, actors, crew, and everyone else.
Find your local chapter through the IndieClub.com website. It's free to join.
Where I am, San Francisco, we have the country's largest chapter.
Join their discussion list and introduce yourself as a music artist.
Go to their meetings and get-togethers. When I went to my first Indie Club meeting, I was one of
two music artists in the room. The cries of "We need you!" were not just the voices in my head (this time).
That room full of independent filmmakers was looking for good music
that they could license and still stay within their budget.
I scored my first licensing deal within an hour.
Two songs in the same film, one I'd already written, the other to be written specifically for the movie.
My tactic was simple. Ask them about their latest project. They'll be happy to tell you about it, I assure you.
They'll ask what you do. Tell them, but don't exaggerate. I explained that I had not yet written for films, but just
came to see where I fit in. This particular filmmaker then explained to me that he couldn't find a particular song
for this one scene he was working on. I told him I'd be happy to custom write it for him. And there it was.
I was being paid up front to write a song. How much? I received $100 for the new song, $50 for the previously
written and recorded one. Like I said, you won't get rich off of these. But hey, $50 to let him use a song
that I'd paid for long ago is free money to me.
For the new song, the director arranged for recording time at the local recording arts school where his
sound editor was studying. This was fortuitous, and not necessarily normal. Most other project I have
to record myself. Because I kept the copyright for the song (which you should always try to do), I was
able to release the new song on one of my future CDs, which put more money in my pocket. There's
that multiple streams of income again. And, as a topper, I was able to perform at the premier and sell
more CDs there as well. I got all that just for showing up to a meeting and talking to people. I made a
few other deals at that meeting too.
So the moral of the story is to just go where filmmakers are and talk to them. Besides Indie Club, I'm sure
there are other film clubs and organizations in your area. Find them and make yourself a part of them.
Get to know everyone, and you have your tunes in the movies in no time!
Here's a list of some companies i have joined.
The worlds largest directory of independent film makers, FREE to join!
Archangelmedia
Want to know how the lovely people at pipefishmedia helped me get 7 tracks featured with
"Ripcurl" email sarah@pipefishmedia
VersusMedia
I signed up to them and my music will be used on a pilot in South Africa called "J-BAY"
& a surf video for the "Sundance festival". I strongly recomend them as i have
had 4 projects aleady!
JOIN THE FILM MUSIC NETWORK - ACCESS THE INDUSTRY
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listening to my album tracks pays me.
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Jonathan Wolff -- TV Composer
Seinfeld, Caroline in the City, Married with Children, Who's the Boss, Will & Grace, and many more.
Interviewed by Michael Laskow
Bum, da, da, dum, dum, du, du, du, Pop! That's my flimsy transliteration of what might arguably be considered the most recognizable theme to ever grace a network television show. Jonathan Wolff is the man who took those finger pops and lip smacks and turned them in to cultural icons. As I interviewed him, I realized that he's a lot more than just a great composer. He's also a great business person. He had so much good information to share, I decided to turn this in to a two-part interview. Don't miss part two next month. You can't find this information in any books I know of! (Ed.)
Where did you grow up?
In Louisville, Kentucky.
What was it that first got you into music?
I always played music as a kid. I just liked doing it, and eventually it became more important to me than other things; like sports. I did those things too, but I mostly just played lots and lots of music. I thought it was cool to write songs and record them. And at a certain point, early in high school, I realized that it was a tool for popularity.
To meet girls?
That or just kids that I would normally have nothing to do with. For kids who would otherwise have had no reason to be friends with me; all of a sudden, I was useful.
I'll bet you owned a Farfisa Mini Compact.
Oh God yes, I had everything. I scoured the pawn shops constantly for electric pianos and portable organs and other instruments.
I read in your bio that you were playing bar mitzvahs and weddings and parties before you could drive. You were also doing arrangements for local big bands and acting as a music director for local theater and opera groups, as well as producing tracks for local artists. How did you get all those gigs as a kid with peachfuzz on your face? Are you that rare combination of musician and businessman?
It was a small pond at the time. There weren't that many people who had all that much experience, and Louisville was starting to grow, starting to have production needs, radio spots and station I.D.'s. Up to that point, it couldn't have supported many production professionals. I just happened to be there at the right time, anxious and eager to do all that stuff, and I did it until I developed a little bit of a reputation.
Did you ride your bike to gigs or did you have your parents drive you (laughs)?
Sometimes my folks drove me. But whenever possible, I'd make it part of my deal that someone would have to pick me up. Actually it was kind of cool. Because I was Music Director for a lot of fashion shows and beauty pageants, they'd always have one of the models or contestants pick me up from school to take me to the rehearsals.
Tough gig! Let's talk about when you moved to L.A. in ë76 to go to USC and dropped out after a year to go to work as a studio musician/orchestrator/recording engineer. How did you become connected enough to work on records and scores and jingles after being here in L.A. for only one year and being so young?
I was seventeen when I got here. I played on a lot of demos for people at school and just started meeting people by playing sessions. I got really serious about being a keyboardist, and the other instruments—they're nice, but I realized that in this town, you have to be really good at what you do, and you've got to focus on that as a musician. So I concentrated on piano and keyboards. Also, remember it was 1976—the time of the synth revolution, Sequential Circuits and Oberheim and Moog. It was a great time to be a keyboardist for those artists who made that leap into it. That I could play piano and the extra keyboards got me a lot of work on records, jingles and TV scores.
People might think your success came directly from working on "Seinfeld," but you were already quite successful before you began working on "Seinfeld" in 1990. You worked on episodes of shows like "Falcon Crest," "Love Boat," "21 Jump Street," "Alice," "Perfect Strangers," "Fantasy Island". I would imagine that most of the music that you did for those shows was pretty straight ahead. How did you get picked to be Seinfeld's guy and how did you come up with the music that was for its time, as unusual as the show was?
I did a lot of special material for the shows you mentioned; often when they needed a song written or a dance routine, a production number,—that's what I did. And I had been sole composer on several series before "Seinfeld" came out. I had already been doing "Who's The Boss," which at the time was a big hit. "Seinfeld" because of its huge, unprecedented popularity, would have catapulted anybody's career who was sitting in that composer's seat. I just happened to be sitting in the right seat at the right time, in the right vehicle, and yes, it helped my career a lot.
So why did they call you? How did you get the gig?
My good buddy George Wallace.
The comedian or the late Governor of Alabama (laughs)?
The comedian. George and I had been on the road together for years. I'd conduct, he'd do the opening acts, and we got to be friendly. We had a couple acts that we did at the same time. Tom Jones and Diana Ross if I remember correctly. He and Jerry are best friends. Jerry actually does have a best friend named George and he mentioned to me that his buddy Jerry Seinfeld was trying to get this show going and he was having trouble with music. They kept talking to composers and hearing music that they didn't like and they weren't sure what to do, so he hooked me up with Jerry. George said to me, "You're gonna get this call from Jerry, be nice to him."
And is George still getting 10% of all the money you make from those shows?
I tell George that I owe him a small island somewhere and an airline to get him back and forth. Jerry called me directly and said "George Wallace said you're my man," and showed me what some other composers had tried for him. I recognized that it wasn't a musical problem, rather a sound design problem. At the time, the pilot was called "The Seinfeld Chronicles" and the opening titles had Jerry doing stand up material—with every week being a different monologue. Jerry wanted music that was signature and unique and quirky—identifiable. Remember, this was the late 80's, signature, identifiable TV music meant melody. Thematic melody.
Right, like "Cheers" or "L.A. Law"
Whatever. You can't have melody while he's trying to do monologue—they butt heads. So the sound design problem I saw was that the opening title already had its melody—it's Jerry! So I built the music around him. And instead of using standard instruments like drums and clarinets, because of the human nature of the melody—his voice, I went with the organic sounds of the finger snaps, mouth pops, lip smacks, and tongue noises.
Did you sample yourself doing it?
Yeah. And for the pacing, I watched some of his HBO Special and noticed that he has a rhythmic, musical pacing to the way he delivers his monologue. I clocked a tempo for it—about 110, and built the music around him at that tempo. The bass mainly hangs out in a frequency range that doesn't interfere with his voice, below him—it supports him as a bass does with a melody.
You must have learned this from doing commercials with voice-overs?
Yeah, because you want a clear cut frequency path for your voice-over artists or your jingle singers so that they're front and center and clear while being supported by good production. Same thing when you're making a record. And that's how I built this theme for "Seinfeld." To adapt to different monologues, the music is completely modular. And it worked—it was quirky and fun and identifiable and signature.
Did he love it when he heard it?
He did. He really liked it a lot. He liked that it was kind of weird. That was the first thing he said about it.
He didn't send you back in for re-writes over and over again?
He was the coolest. Actually, he came over one day and I showed him, I had already reviewed his material and mocked up a groove and he sat here while I created this "thing" for him. When he left, that was it—it was done. He called me the next day and said "That was cool, that was fun! Can we do it again? Just ëcause I'm free and if you're available, let's make sure that we've got what we want." So he came back and we tinkered some more. To be honest, I don't remember which day's version we ended up using.
Has the "Seinfeld" theme become any kind of an albatross for you? Has it become so signature for you as a composer that people come to you now looking for totally quirky or do they still come to you looking for big lush dramatic themes?
It hasn't hurt me. At the moment that hasn't happened. In general, Hollywood, particularly the TV industry, is a ëme-too' town. People want to be associated with winners and they want to emulate and learn from and repeat the successes of others. So "Seinfeld" certainly put me on the list of potential composers for a lot of shows that certainly I wouldn't have been on if not for the "Seinfeld" association. First of all, Castle Rock, the company that produced "Seinfeld" has been really good to me; they've been very loyal. So yeah, "Seinfeld" has been a very good thing for me during and after the series.
But, in answer to your question. It's all fresh. Each job starts over. Obviously, I can't use the twangy bass because it's "Seinfeld." In fact, some of my friends who are composers, have complained to me that they can't use it either!
What advice do you have for someone who wants to get in to the same kind of work you do? How does an 18-year old who lives in Four Points, Kansas end up being you?
Right now, I think if you really want to do TV you have to be here in L.A. At some point in the future it will be a global enough marketplace, that you won't have to live here to start your career.
Okay, once you get off the bus at the Greyhound terminal, where do your feet take you next?
There is no formula for it. If there were a formula, everyone would do it.
Are production music libraries a good starting point for people who want to gain experience?
Doing work for music libraries is good for experience. You need the experience of doing all kinds of music, because for the shows that I've worked on, every script is different. In one day around here, I will have to record a piano concerto, Bluegrass music, an old school rap and maybe some Dixieland. You've got to be able to do all of it. And a production library is a good place to really exercise those muscles.
So if you exercise those muscles and get a dozen cuts . . .
Actually, that's a more important reason for doing it—income stream. Production libraries, although they typically own 100% of the publishing of whatever you work on . . .
At least you own the writer's share.
Exactly! You're earning money through ASCAP, BMI or SESAC when your cues are broadcast. That's so, so, so important. As an entry level composer, you need to start working on that broadcast catalog. There are certain types of music that are global and timeless. If you're doing what's hot this week on the radio, well, maybe you'll get some placements this week, but it's not continuous. But if you have a good package of news, suspense, orchestral, cues that are timeless -- you're starting to work on that royalty income that will sustain you.
Well, let's say that kid from Kansas, stays in Kansas and has music in five different libraries -- a couple dozen cuts at five different libraries. And now he's making $30, 40, 50,000 a year . . .
Stay in Kansas. The air's clean. It's nice. Marry the girl next door.
Most of the big songwriters I've interviewed are very literate people. They read a lot of novels, it helps them write better songs. It gives them a deep well of subject matter. Does it help you to listen to many kinds of music, including stuff like Klezmer or East African drum music?
Sure. You have to have a wide scope of exposure and do the best you can to have good faculty in all of them. You have to be able to perform in any genre; to play jazz and make it sound like jazz or play rock & roll and make it sound like rock & roll. As a composer and a player you need to be able to do that. There are a lot of young players and composers who've never sat in a pit orchestra. They've never done chamber music. All that's important.
One of the things we're planning at TAXI this year is to get listings from people who need music for student films at NYU, UCLA, USC, and some of the other top film schools, figuring that our members can mature with the film makers.
It's so true. Make your mistakes on student films, go ahead (laughs). And sometimes those mistakes turn out to be glorious, that's how you get great inventions, by making mistakes. I did a lot of student films before I moved here and after I moved here just for the experience of doing them.
Do you recommend that neophytes take any jobs they can get no matter how low the pay just to gain the experience and exposure?
There are other ways to be compensated other than up front money. Don't work for free. Make sure that if you are going to work for very low pay, that there are accommodations made so you own the music, you own the copyright, you're able to exploit it to third parties. If producers with very little money really needs exclusive license to the music, license it to them for a term. Say, "Okay I'll do it for $1,000 -- I'll do your film for the measly amount you're gonna pay me and you've got it for six months. If the film is still alive, if you're still selling it, if you're still distributing it, and if you've got an income stream from this after six months, then you've got to pay me another $1,000." Or you could license it to them on a limited basis. "What are you doing with this film?" "Well I'm going to take it to a film festival." "Good, here's your license. For that $1,000, you can show it at film festivals, but that's it. If you get a deal to show it on free or basic cable TV or pay TV or theatrical home video, for any of these markets, you've got to pay me another $1,000."
In situations where money is tight, there are many ways to reserve performance rights on something, making it so that you're not being taking advantage of. There are projects that legitimately can't afford to pay lots of money for their composers. And it's a great training ground for entry level composers.
Student films—I would imagine there's no money in that. "We'll buy you the tape," is about what you're going get.
That's okay provided that, you, the composer, still own that music and you can exploit it. My problem is with deals that entry level composers sometimes make where they're not making money and they don't own the product. It's unfair if the film does have an afterlife, and it goes to home video and overseas, and the distributors and the producers are all making money, but the composer never got paid because he made a bad deal. Again, I've got to stress, when necessary, there are other ways, rather than getting paid up front to do a project. Make sure that if there is a revenue stream for the project, that you're included in it.
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