Music Publishing and Licensing Evaluation and Survey

GRETCHEN SNYDER

My current role in the music industry:• Developing the skills to produce and edit through music production classes• AES (audio engineering society) member

Current knowledge of audio and music• basic understanding of Pro Tools• basics of studio recording• learning how to use Logic Pro• field recording

Current knowledge of producing: - Produced one acoustic track that was

released through soundcloud- Used compression, EQ, reverb, and routing

Desired future role in the industry:• aspiring video game music supervisor or sound designer • interested in the way music can bring a game to life• also interested in music producing

Sound Design• Even though I’m a music production major, I think field recording sound effects for video games would be a great job• This could even be foley

Dream Job:• Blizzard Entertainment sound design• Based in Irvine, California• Subsidiary of Activision• Founded in 1991

Understand of music publishing so far:

• the business side of the music industry can be tricky, but is very important to generating revenue and avoiding legal issues• there are many types of licenses one can acquire depending on what the intention of use is• licenses include: synch licensing, blanket, mechanical, public performance, digital performance

Music Publishing at a Glance

• Exclusive right- 6 total• 1. reproduction• 2. adaptation: modification right or derivative works right• 3. distribution• 4. public performance I: the right to perform material• 5. Public display• 6. Public Performance II: digital audio transmission

Copyright and Fair Use• Fair use includes:• 1. critical review• 2. scholarly (educational)• 3. parody

• Copyright•Works protected for 70 years plus the life of the creator• Once this time is up, work is then included in the public domain• It can then be used by anyone without gaining permission

Public Performance Royalties• Income• the writers stream for public outlet• pays out directly to writers • the most basic form of payment, via PRO• occurs whenever a public performance (transmission of material) occurs

Public Performance Royalties• Types of Uses: two main categories• 1. broadcast• radio, tv, closed circuit (Muzak), internet radio, satellite radio• over 15,00 radio stations in the U.S.• 2. Live Performances:• nightclubs/concert halls/ arenas• I. Complexity= blanket license• The right to play anything and everything from that pro’s repertoire for a period of time• II. Clout= enforcement and negotiation based on usage of artists’ material from a pro

Importance of Music Publishing• Before taking this class, I was unaware how important music publishing and the legalities are to the industry• Knowing these types of deals and licenses could be very helpful to me in the future if I decide to become a music supervisor• These legalities help to make sure artists are paid for the work they have done

Terms/Concepts learned this semester• 1. Sundry licenses• category of other licenses used to administer rights for music• Include• advertising• video games• karaoke• retail products• arcade games• in-flight music• and on…• This is relevant to my life because I want to work with video games

#2• A mechanical license covers many types of devices that can be used to reproduce music. Mechanicals are used for audio-only reproductions of music• these formats are lumped together under the name phonorecords• This relevant to my life because I may work with an artist who wishes to sample a song from another artist and I would have to get a mechanical license

#3• Blanket License• typically done with a large, multinational publisher• usually done with PROs (ASCAP, BMI, SESAC) for radio stations and venues• allows these kind of places to have access to a large amount of music

Interest in Music Publishing• The most interesting part of music publishing to me is synchronization licensing• Music can become so attached to a commercial, game, product, etc.

Synchronization Licensing• I think synch licensing would be so much fun because finding the perfect songs for a commercial, game, etc. would be so satisfying• It’s like finally finding the right puzzle pieces after trying dozens and failing

• * GTA had to get rights to many

• Different songs

The Legal Side• Synch licensing requires careful consideration before making a contract • One must consider how much of the song will be used and not go over by even a second • Other consideration include lyric changes and if you want the song to be exclusive to a film, game, etc.

How does the license work?•most ask for a broad rights license: flat fee basis• worldwide license for a duration of the copyright plus renewals and extensions, covering usage within the linear film and in-context ads, promos, and trailers• Defined terms of use, limited in scope• In-context= use of a song as it appears in a film• Out-of-context= song used out of scene it was in• Contract Points• Nature of the use• Title theme, closing theme, visual performance, background performance, incidental• Duration• Star Power

Three areas of publishing revenue:• 1. The first area of publishing revenue I could take advantage of after I graduate is co-publishing• Co-publishing splits the revenue between the writer and the publisher• This is generally a 50/50 split

Co-publishing Considerations• Once the work is finished and is recorded “fixed” in some format, it becomes a joint work• Your intention is that your contributions be merged into inseparable or interdependent parts of unitary whole• If a different revenue split is desired, it must be agreed upon when content is fixed

#2 Public Performance Royalties• I would love to write songs or publish songs someday• Royalties are due whenever a song is played in a venue, in shopping center, on the radio, at a nightclub, etc.• PROs offer blanket licenses to venues to make this easier

#3 Self-Publishing• This one can be tricky if you don’t know what you’re doing• The advantage to self-publishing is that you can keep 100% of the revenue!• I may, someday, want to self-publish a few songs that I’ll write• I could sign up as a publisher with a PRO

My View on the Music Industry • My view has changed since taking this class because I now realize how much work goes into obtaining a license to use a song• It’s not as easy as saying, “Hey, can I pay you to use this song in my movie?”

After Taking this Class• I had little knowledge of PROs before this class• I now have a better understanding of their role and how they help artists get recognition and payment for use of their works• This is extremely important for my future in the music production industry

Overview:• Knowledge of music publishing is essential to my career and is also a great thing for musicians to know• Some deals and licenses can be hard to understand, but they are very important to the industry• Piracy is huge these days and it’s easy to download music and sample without getting permission• The legalities of music publishing are just a way to give credit to an artist• No one likes their belongings being stolen!