Once again, an acclaimed independent film is making headlines over music licensing issues. A few years ago it was Mad Hot Ballroom. Today it is Sita Sings the Blues. While you can never foresee every circumstance, there are ways to mitigate potential licensing disasters. See below for a few that you may find helpful.
Plan Ahead: I realize you may want to see how your film looks in the edit suite before selecting music. If possible, try and think about your music while you are in pre-production. This way you can research potential costs and better plan your budget. Some artists simply will not license, while in other cases you may have to deal with impossible estates or approvals. If your film is dependent on one particular artist, as is the case with Sita Sings the Blues, talk to the artist’s reps before you begin shooting. Better now than later. This way you can see if your idea is even viable based upon your financial resources. It’s easy to blame the copyright holders for your lack of preparation, but that won’t help you complete your film. Having as much upfront information as you can will smooth out the licensing process on the back end.
Don’t Fall In Love: Try not to fall in love with a song. Yes, some songs seem perfect for your film…and some of them are. But if you fall in love, and you refuse to walk away even when the price starts escalating beyond your budget, you will have to sacrifice somewhere else in your production. Know your limits. Know what you can and cannot live without. Walk away if you have to.
New Artists: This is obvious, but new artists are always looking for exposure. They are much more inclined to work with you under the concept of, “if you make money, I make money”. Like you, they are trying to expose their art and vision to the world. If Journey and Yes can find lead singers on MySpace there may be something out there for you as well. Finding music should not be a chore. It may be a challenge, but it is also a way to learn about new music and new artists. Don’t be afraid to explore and try something different. Maybe you’ll break an artist along with your film. Enjoy the ride.
Singer/Songwriters: If an artist writes and performs their own work they may be more flexible when it comes to negotiating licensing fees. This is because they will receive payments from both their publisher and their record label. That is assuming they are fully recouped. Having to deal with a separate performer and a separate composer is likely to result in higher fees and a longer approval process.
Single Writers: Try and stick with recordings that have only one writer. Your money will go further if you do not have to split your offer between a number of licensing parties.
Multiple Masters: Many older compositions have been recorded by a number of different artists. If you have options you will have a little more leverage when negotiating fees. Record labels do not want to lose your business. They cannot give away their music, but they know when you have options. Price out more than one version of a recording so that you have better leverage in your negotiation and a back-up in case your first choice proves unaffordable.
Ask Questions: The bigger publishers and record labels have staff, sometimes entire departments, who will pitch you alternate and more affordable songs. Work with them. These people love music and they love the creative process. Give them your budget and see what you get back. You might be pleasantly surprised.
Approvals, Approvals: A lot of publishers and record labels need to go through multiple layers of in-house and artist approvals before they can give you a quote or negotiate a lower fee. Try not to get frustrated with this process. If you are not offering high dollars you will probably not be the priority client…take a breath, wait and don’t be afraid to follow-up.
Time: If you need an answer tomorrow you have very little leverage to get the best possible deal. With time you can:
Wait for answers, approvals and counter-offers.
Search for alternate compositions and recordings when your first choices aren’t panning out.
Think about which songs you really need and which songs you may be able to live with out.
Licensing People Are People Too: And finally, the people who work in licensing departments at music publishers and record labels are not out to make your life miserable. I know a lot of them. They’re good people. But like the rest of us, they have jobs to do and bills to pay. And their job is to make money for their company and their artists. That’s what they get paid to do. It is how they earn a living. They realize that you are self financing your film and they will do their best to work with you. They would rather have your money than have nothing. Try not to yell.
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