The FOUR
MOST FAQs
That Music Publishers Get.
by Lynne Robin Green
President -Winston Music Publishers (Ascap)/Hoffman House Music (BMI)
Reprinted by permission of the author.
(c)1999 All rights reserved world wide.
Q-- I have been trying to break in to writing for Film & TV and
am sending out my CD's to a few companies like Dreamworks Films and Sony
Pictures and although they both have commented that my music is really
good -- Im still not sure what I might be doing wrong cause they havent
requested to use it yet! How do I find out what they are really looking
for so that I can target my material better.
A-- If you are submitting your band's CD then bear in mind that
if they agree to keep it on hand that they do like it and may be contacting
you in the future when THEY find they do have an exact usage for it. It's
imperative that you have your ascap or bmi affiliation on the cd and all
songs on it registered to ascap or bmi,(with all writer credits copyright
notice etc,)--as their licensing needs move very fast and if youre not
affiliated they will see that your music is NOT published--(by you) and
may be hesitant to use it--and it should be registered for performances
already with ASCAP or BMI--(should you get one!) As to their taste-with
a CD album of a group,its really about the sound,feel, and style of the
music and intrinsically also the individual song feel,(and that Company's
specific need at the present time).. On the other hand if you are really
prolifically writing and recording (master quality)-new songs and are
able to get this material together on short notice (on CD or DAT)---then
you should also ask what kinds of songs they may be in current need for
films or shows that they have in production ? And Id suggest you might
give them a CD sampler (but full length versions). It's also a good idea
to get The Hollywood Reporter and Variety once a week on the days they
publish the Production Charts.These charts list most all current movies
and Tv Shows that are in production and their requisite contact numbers.It's
best to call and ask for the Music Supervisor directly and inquire what
type of source cues (outside songs) they might be seeking?If they respond
affirmatively and decide to keep your CD on file its ok to check back
every few months or so-but do keep working to compose more material to
show them and talk about -- when you call.That's called stacking the deck-aka
as the having many more irons in many fires theory..
Q --My band has just been approached by a major record label and
they are interested in signing us and they've said that they are sending
us a contract --now their asking me if we have a Publisher ? How should
I answer them?
A --Lets back up a few sentences and we will see that IF THEY ARE
SENDING YOU a recording contract -now is when YOU SHOULD HAVE AN ATTORNEY
REPRESENTING YOU IN THIS COMMUNICATION AND FURTHER NEGOTIATION WITH THEM....The
attorney should be the one who communicates directly with the label ONLY
-regarding any 'interest' that they may have in recording--(or publishing
your band)..Never speak for yourself in this kind of situation as you
will not understand what they are offering (unless you are a lawyer or
speak legalese) and you do not want to be in a position where you may
get trapped by your own ignorance agreeing to something YOU DONT FULLY
UNDERSTAND....Remember that IF YOU HAVE AN OFFER IN WRITING---you need
a good music attorney to handle all such offers and confer with you and
advise you towards making the best deal possible.Never verbally commit
yourself or agree to anything in front.That's the best possible advice
that anyone can ever give you.You should know for a fact that more (unfairly
unilateral) aka 'bad contracts'- are constantly signed by people without
any proper representation who really had no idea WHAT they were signing
away.
Q --I've been sending out my songs to Music Publishers for the
last five years but I havent been offered any publishing contracts,WHAT
AM I DOING WRONG?
A --Have you received any replies on your submissions? (If so the
Publisher may or may not have elaborated WHY your material was not accepted
for publication).I'd say they probably havent ELABORATED WHY IT WASNT
PICKED UP and thats one of the reasons why you may still be in the dark
just wondering what they are thinking.? As a long time independent music
publisher we receive so much material from Writer's all over the world--and
that kind of sheer heavy constant volume of stuff can be too overwhelming
to reply individually to.In the case that a Publisher stipulates they
reply with provided SASE, (remember without an SASE they wont reply!)--but
I would definately recommend that YOU put in your cover letter that you
would appreciate any critique of the material or comments/feedback.Bear
in mind that Publisher's as a rule run fast and furiously with what we
have that's hot at the moment,or we are looking for something that we
have instant need of filling very quickly.....(I personally prefer not
to sign anything (aka stockpiling material)-that I cant move rather quickly..It's
also possible--your song may not fit either need or category at that moment
for that particular Publisher.Thats how busy we get.Our time and this
business is all about PRIORITIES. Secondly I'd recommend you align yourself
with a local Songwriters Organization where you can participate in live
industry pitches and critiques so that you will get instant feedback as
to the real commerciality of your material .It's really hard working at
something in the dark (its very insular)--and when you get no feedback--you
may not really know what caliber nor potentiality your material actually
has?. Also I'd definately recommend a professional songwriting workshop
as it's a good opportunity for you to get personal critique whilst developing
your songwriting craft with others -who are also dead serious about professionally
creating and exploiting their work.
Q --I got a call from a film producer and he wants to use my song
(and the demo I'd made) in his new movie.He doesnt want to pay to re-record
the song.I wasnt the one who sang or played on this ('master'-demo) and
Im wondering what I have to do in order to license it for this movie?
I already paid the musicians and the singer but I have no receipts.I heard
somewhere that I have to provide the film company a written release of
the usage on the performers who do the demo, is this true ,and what do
I do now--- please HELP!
A --Yes this is true but firstly,dont panic (yet).If you can get
in touch with the musicians and the singer who did your demo-(AND IF YOU'VE
ALREADY PAID THEM and you dont have receipts or a release signed and THEY
wont sign off for what youve already paid them --well that cows already
outta the barn,just kiddin,I HAVE A SOLUTION---)--YOU CAN offer them a
small percentage of the MASTER LICENSING fee (3% maybe) that you would
actually receive for the use of the recording.(aka-Master Use Fee).This
would apply to each time you license that master. (This Master Use fee
is separate from the synchronization fee WHICH IS THE SONG fee itself)--this
simple release is called a (MUSICIAN AND VOCALIST RELEASE)--which I highly
recommend to aspiring film & Tv songwriters as a good investment to have
drawn up for you by an attorney (to use as you need it).. But DO make
sure you get it signed before they perform on your song next time,and
do try to get it signed anyway if they havent yet signed one for you.The
Film or TV company will expect you to legally sign off that YOU ARE solely
liable for any and all damages and/or costs should a session singer/musician
claim they did not GIVE YOU the right to use their performance for anything
(but a demo)..I believe in covering all the legalities in front -- it
really makes for much more mobility of product being available.Believe
it or not-we've have lost film uses with masters that couldnt be cleared
because of this exact situation. Bottom line-if ain't pre-cleared it wont
get used.
This article first
published in the magazine 'Inside Connection'-in New York City -April 99
issue-featured in the regular column-A Day In The Life Of A Music Publisher
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