You’ve made it! You had an idea, went through pre-pro, shot, and edited the story of your dreams. Now it’s submission season and you are sailing headfirst into locked cut. You want your Ts crossed and your Is dotted especially when it comes to music. Here are a few things to keep in mind:
Start Early. Music licensing can be a quagmire of epic proportions, that’s why you have a music supervisor or clearance professional (ideally both) on your team from the beginning. They can help you budget appropriately, and even get you usable songs for temp that can easily be licensed; as opposed to falling in love with something later to find out it is out of budget or simply unavailable. Logistically, starting early is also best for your project because music clearance can take a long while. There’s more going on behind the curtain than any of us would think so leaving space for waiting and follow ups is wise.
Be Open. Expecting the unexpected is key. Music can make a story, and great music can be found anywhere! If you’re working with a composer, be collaborative, do not shy away from the creative process. Provide ideas early and as often as you’d like, give artist and song references beyond just your temp tracks, so they can really get a clear idea of your creative vision. Set up milestones and spotting sessions to ensure you’re both always on the same page. If a composer is not in your budget, be open to the many stock music options out there, working closely with a music professional can help you navigate both your library options and find the songs within them that best suit your needs.
Be Prepared. As the saying goes “stay ready, so you don’t have to get ready”, and this is especially true when working with music in film. From contract language to ever shifting rights ownership, the music side of things can be murky. Below are some common pitfalls I’ve encountered that you can avoid:
“Don’t worry about it. It’s Public Domain.”. Public domain music can be a great resource, but always check to ensure the validity of the public domain claim. Different countries have different public domain rules, generally. Also depending on where you sourced the recording from, only the composition may qualify.
“We’re just going to Fair Use it.”. You already have a great legal team, I am sure, but remember that fair use is a defense, and court fees cost more than licensing a piece of music, even if you win the case. Make sure you have a strong fair use opinion before proceeding, and deciding what to put forth as fair use is important to start early, so you know what to seek out clearances for. While it is not illegal to clear something and then not license it, claiming fair use; it is bad manners. Have your fair use list approved before the clearance process begins.
“Why can’t they just tell me what it costs?”. Have a number in mind when clearing. A music professional can help ballpark what would be an appropriate amount to set aside in pre-production, and appropriate negotiation strategies. However, even if attempting to clear music on your own, approach rights holders with a number in mind. Music licensing fees are not standardized, most deals are bespoke and non-precedential.
As you race to your festival finish lines, stay aware of these things and you will have a much easier road. Speed bumps do happen, which is why working with a music professional in some capacity is recommended. While you may think that it is unnecessary or out of budget, the reality might surprise you. Music supervisors and clearance experts are here to help, so don’t hesitate to reach out and ask. Some of us offer suites of services that include things like one time consultations, if that happens to be all you need. Either way, you don’t have to navigate the music maze alone; but if you end up needing to, use the breadcrumbs above to keep you on the path. Good luck, and happy festival season!
Aurelia Belfield (aurelia@trailblazerstudios.com) is a music supervisor and executive producer with Trailblazer Studios. A member of the Guild Of Music Supervisors and The Recording Academy she has worked for over a decade with filmmakers and studios the world over on many critically acclaimed projects. Recent projects include “Patrice:The Movie”, “Luther: Never Too Much”, and “Vampire Academy”.
