Music
The use of music in a project is an important issue because it usually involves questions of copyright and ownership. You may use music for your project that is pre-recorded, which means someone owns the music and the copyright. Or, you may hire someone to compose original music for you. In this case, the music is a “work-for-hire,” which means that the producer or production company may own all the rights. Whatever kind of music you plan to use in your project, it is always wise to obtain the services of a lawyer or music clearance company. They will know the intricacies of copyright law and the procedure for licensing.
Three kinds of music appear in a project. First, there is source music. This is music that comes from a specific source onscreen, such as a car radio or a jukebox. Then there is production music, which is music that may come from a singer or musician. Finally, there is underscore. This is the music that plays under each scene, adding dramatic impact.
Music functions in a show to intensify action, unify transitions, or foretell events. It also serves to set the mood or atmosphere of a piece. Just think of any western you ever saw and the distinctive country-style twang comes to mind. The number one rule when placing music in a piece is the following: the music must reflect the state of mind of the character.
LICENSING RIGHTS
Obtaining music for a piece can be done many ways. First, let’s say you want a song from the 1950s for a particular scene. That song, already published, has an owner who owns all the copyright. This owner may be the original artist or a record label and is entitled to a royalty if the work is used. To find out who the owner is, you need to do a copyright search. This search can be done with the U.S. Copyright Office (www.copyright.gov). Alternately, you can contact the American Society of Composers, Authors, and Publishers (ASCAP). This society is made up of composers, songwriters, lyricists, and music publishers and functions to protect their rights. ASCAP monitors all licensing and royalties for public performances of copyrighted works. In addition, other music clearance companies will do much of the legwork for you. Another licensing company is Broadcast Music Incorporated (BMI).
Once you find the owner of a copyrighted piece of music you then contact him or her or ASCAP to obtain licensing rights. There are different kinds of licensing rights:
Music or public performance rights: These rights include public performance rights and the right to recite, play, sing, dance, or broadcast a composition in public.
Synchronization or reproduction rights: Synchronization, or sync, rights are paid for by one fee in one license. These rights allow a person to produce the music in sync with a certain picture.
Adaptation rights: Adaptation rights allow a producer to alter the music as needed.
Dramatic rights: Dramatic rights allow someone to use the story or title set forth in a song.
Of all these rights, you will certainly need music and sync rights if you want to use a piece of copyrighted music in your show. The other rights would only be needed in special cases.
The cost of licensing rights varies from piece to piece. A very popular song from the 1950s may cost more than a less popular song from the 1940s. The key to this process is starting early. A copyright search may take weeks. Obtaining licensing rights may take even longer. Furthermore, an early search may reveal that a song is too expensive or not available.
MUSIC IN THE PUBLIC DOMAIN
Another way of obtaining music for your film is finding pieces that are in the public domain. This means that anyone may use the music. However, you have to be careful. Let’s say you want to use a Mozart piece. Certainly, his music is in the public domain; however, a recording of his music probably is not. The record company that created and paid for the recording would own that recording. You can have someone play Mozart’s music and record your own version. Essentially, at what point a piece enters the public domain is based on copyright law. Check the U.S. Copyright Office website for a full description.
MUSIC SUPERVISOR
Having a music supervisor on a show is mostly seen in medium- to high-budget projects. In low budget, the producer usually will pick up these duties, or may delegate them to the UPM. The music supervisor of a project supervises all aspects of music in a show. He or she may be the person hiring a music clearance company, or working with a project’s composer. The music supervisor will create a breakdown of the script and make notes on any references to production or source music. Then, if reference is to a well-known song, the music supervisor will work to obtain licensing.
COMPOSER
The composer of a film or digital project composes the underscore. However, it is not out of the realm of possibility that he or she be called on to compose a song that will be performed in the show. The composer begins his or her job in post-production, usually shortly after the first cut of the project has been completed. The composer will watch the first cut and begin creating melodies for certain characters and certain scenes. At this stage the director may also be involved, discussing key points where he or she may want music to enhance a certain moment. The composer will continue to create pieces of music until the final cut of the picture is completed. Once the final cut is sent to the composer, he or she will compose sections of music with specific music cues, starting and stopping the music to intensify dramatic impact. At this point the director will come back and view the composer’s work. They will discuss the cue points and make adjustments as necessary. Once the underscore is complete, you are ready to proceed to a scoring session.
MUSIC PACKAGE FEE
A music supervisor or composer may also be available to provide a music package. This package would include everything involved with the music, from composing to recording to delivery. The final delivery is the music that is turned over to the music editor to synchronize to the picture.
CONDUCTOR
If you are using a score that requires the services of an orchestra, a conductor is hired to conduct them. A conductor in this kind of application is experienced in conducting an orchestra while watching the project on a screen. This way the conductor can make sure the timing of the music matches the picture.
ARRANGER/ORCHESTRATOR
Arrangers and orchestrators help to write the music for different instruments, based on the composer’s score. Some composers will do this; others may prefer to have an arranger handle it. A time factor may determine the necessity for an arranger. An orchestrator specifically writes out the score in orchestral form. The arranger may enhance the piece with countermelodies, harmonics, and variations of theme.
COPYIST
A copyist is the person who takes the arrangement from the arranger or orchestrator and separates out individual pieces for each musical instrument. This allows each musician to have a music sheet written for his or her instrument only. The copyist is also expected to catch any mistakes the arranger may have made. Traditionally the copyist may also write a condensed score that will be used by the conductor. As technology develops, this task is being completed more frequently by computer software, from either handwritten or computergenerated scores.
THE SCORING SESSION
The scoring session is the session during which the score is played and recorded. This is usually completed on a scoring stage. A scoring stage is a specific kind of recording studio. This studio is able to fit and mic an entire orchestra, with the picture projected behind the orchestra. The composer, director, producer, and music supervisor usually attend this session along with the conductor, orchestra, arranger, and copyist. Scoring for a project could take anywhere from several weeks to several months, depending on the amount of score to be recorded.
If a full professional orchestra is unaffordable, some productions opt to hire an amateur orchestra, perhaps from a young artists’ school. The quality of orchestras certainly varies, so it is wise to listen to an orchestra first before hiring it. In very low budget, the score may be performed by novice composers or musicians and recorded in a recording studio. Most recording studios can provide a pseudo-sync setup with picture, which produces a score that may not be frame accurate but can be revised in the sound editing system to match the picture.
SOUND TRACK ALBUM
If a project warrants, a sound track album of the score may be constructed. The decision to produce a sound track album is based on the notoriety of the score’s composer and/or the popularity of artists that may have songs in the sound track of the film. The process begins when the producer of a project makes an agreement with a record label. The record company produces the CD (or digital download) and gets revenue from the sales. The company then pays the studio or production company a royalty. Royalties can range from 10 to 19 percent of the CD retail price. The record company may also ask the studio to put up matching funds for promotion. It is advantageous to both parties in this arrangement to produce a CD. The record company receives revenue from sales as well as more exposure of their artists. The production company receives revenue and more exposure for their project.
SUMMARY
In this chapter attention is paid to the residual areas of completing a film. Music for a project might come from re-recorded songs or may be originally composed. Copyright of the music is an important issue, best handled by a lawyer or music clearance company. If an original score is commissioned, it is written by a composer and performed by musicians in a scoring session. The scoring session allows the composer to match each piece of music to the picture. After the scoring session, the music is sent to the music editor, to be edited into the sound track. Finally, if desired, the music for a project may be turned into a sound track, which provides revenue and exposure to the record company and the production.