8.1 In general
Music plays an important role in most of the productions. There are three kinds of music usages:
- Original music: composed according to the brief specifically for your commercial
- An existing track specifically for purchase
- Library- or stock music; available for professionals in digital or CD form to be used for audiovisual use including commercials
The choice of music will have to be discussed and defined in advance with the creative team/ Advertiser/ director. Costs related to the purchase of the music rights have to be included in the final offer.
The music rights, same as the broadcast rights (buyouts) for the artists, will be negotiated only by the Production company.
Before commencing the production, it is essential that the Production Company is fully briefed by the Communication agency or the Advertiser on the planned music usage; e.g. time period, usage territory and all other media usages other than TV; cinema, radio, alternative media -internet and social media, mobile- POS, outdoor, or other complementary media, as well as all other commercial use (e.g. events, festivals, etc.)
It is highly recommended to negotiate all usage as soon as possible in order to avoid having to start-up new negotiations once the initial agreement has been closed. Buyouts have to be/ can only be negotiated before any use whatever.
In regards to the music rights; the Production company cannot be blamed nor be appointed responsible for possible transgression of the broadcast agreements by the Communication company, the Advertiser or any third party.
Any future renewals of the broadcast agreements will always have to be negotiated via the Production company. The Communication agency and/or the Advertiser has to inform the Production company and allow enough time at least one month before the expiration of the existing broadcast agreements.
8.2 Composed tracks (original music)
- The Communication agency/the Advertiser has to supply the Production company with a brief that will be passed onto a music composer. The director, Communication agency and Advertiser, all have to agree on the brief before handing it over to the composer.
- The Communication agency/ the Advertiser can request to have one or several demo tracks made to help them to establish the final form of the music composition. In that case, the PIBS supplied has to include this request to make sure costs related to producing demos are included into the final offer. In case the request for demos will be made at later stage, costs related to producing the demo(s) will be additionally added into the final offer.
- Once the demo track and the costs related to producing the demo have been agreed, the Communication agency and Production company will present the composer with a copy of the final film edit to record his/her final music track to the footage.
- In case the final music is not approved by the Communication agency and/or Advertiser, the Production company allows for new music composing schedule and supplies the Communication agency/or the Advertiser with an estimate of additional costs. By no means the Production company can be hold for responsible for delivery of new compositions without additional costs, nor for not delivering the final music within the original time frame.
8.3 Existing tracks
The creative team or the director will present an existing music track which will be specified in the original script to be approved by the Advertiser.
As soon as the chosen track is approved by the Advertiser, inquiries will be made by the editor/the rightful claimants (possibly through an intermediary in subcontract of the negotiating Production company) about the costs for the usage and broadcasting as per the media plan specs.
The usage rights have to be acquired and fixed compensation paid for the publishing rights to the editor and to the record company holding rights for the reproduction/master rights.
Before entering negotiations with the rightful claimants it has to be clear whether the chosen track will be used in original version or whether a new version will be produced for the film. This decision has an impact on the claimants holding the rights/the executive artist when negotiating release of the track and the financial compensation related to such a release.
8.4 Stock music
If a track from stock music library is chosen, the Production company will negotiate the terms and costs related to the use with the organisation holding the rights.