What are the best practices for clearing music rights for TV production?

1 Know the types of rights

The first step to clear music rights is to understand the different types of rights involved. There are two main categories of rights: master rights and publishing rights. Master rights refer to the ownership of the specific recording of a song, usually held by the record label or the artist. Publishing rights refer to the ownership of the underlying composition, lyrics, and melody of a song, usually held by the songwriter or the publisher. To use a song in your TV production, you need to obtain both types of rights, unless you are creating a cover version or a new arrangement.

2 Find the rights holders

The next step is to identify and contact the rights holders of the music you want to use. This can be challenging, as some songs may have multiple rights holders, or they may have changed over time due to mergers, acquisitions, or transfers. You can use online databases, such as ASCAP, BMI, or SESAC, to find the publishers and songwriters of a song. You can also use services, such as SoundExchange, to find the record labels and artists of a song. Alternatively, you can hire a music supervisor or a clearance agency to do the research and negotiation for you.

3 Negotiate the terms

The third step is to negotiate the terms and fees for using the music in your TV production. This depends on several factors, such as the type, duration, and frequency of use, the popularity and exclusivity of the song, the budget and distribution of your project, and the expectations and preferences of the rights holders. You need to be clear about the scope and purpose of your use, and be prepared to make compromises or adjustments if needed. You also need to get everything in writing, and sign a license agreement that specifies the rights granted, the fees paid, and the duration and territory of the license.

4 Keep records and pay royalties

The final step is to keep records and pay royalties for the music you use in your TV production. You need to report the usage of the music to the rights holders, and pay them according to the terms of the license agreement. You also need to report the usage of the music to the performance rights organizations, such as ASCAP, BMI, or SESAC, and pay them according to their rates and policies. These organizations collect and distribute royalties to the publishers and songwriters for the public performance of their works. You also need to keep copies of the license agreements, invoices, receipts, and statements for future reference or audits.

5 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?