It's fascinating to hear (read) the range of opinions on music licensing and what is considered acceptable.
I sincerely applaud the photographers who have the clarity and class to respect the rights of musicians.
As photographers - no one should use your images without your permission and you should be paid for your work. You also have the right to decide who can license your work. The same holds true for musicians.
It's not complicated - it's common sense and being enlightened about treating others' work fairly...and yes, legally.
In fact, it was the music needs of professional photographers who inspired my partners and I to create TripleScoopMusic.com a few years ago.
We created the website and licensing system specifically to assist photographers with world-class music. (Did you know Joe Buissink used to be a record executive? Seriously!)
We now offer thousands of hand-picked songs in a wide range of styles - and we've built a system that makes licensing music easier than ever for photographers. If you haven't been to the site, it's truly been a labor of love for my parters and I'm honored to say that it's become a valued resource for many photographers around the globe. We'll be adding a few thousand new songs over the next few months alone -so please consider yourself invited and let us know if you're in need of something specific.
Onto the "What's legal" stuff...!
As to what is actually legal and why licensing is so complicated, I've listed some basics below. It explains why ASCAP & BMI licenses alone do not allow you to redistribute music or use the master recordings for advertising your business.
FACT # 1 - ITUNES: For anyone brand new to this stuff - buying music at a retail shop or via itunes is for the purchaser's personal listening use only. It does not cover any business uses such as advertising, slideshows, websites, videos or redistribution to clients in any form.
COMPONENTS OF A MUSIC LICENSE
Music Licenses break down into TWO primary components - both are required for using music to advertise your business:
1) Synchronization License – This license is issued from the music publisher or the songwriter/copyright owner. The Synchronization License (often abbreviated as sync license) gives you the right to "synchronize" the copyrighted music with your images
Important: Having a sync license means you have permission from the publisher to use the song but it doesn't give you the right to use a specific recording of the composition, which is usually owned by a record company. For that you need #2...
2) Master Use License – This license is issued directly from the record company. Fees can range from several hundred dollars to millions of dollars depending on the popularity of the music.
Consider this: you can get permission from the publisher without permission from the record company -- but ONLY if you record a new version of the song. But likewise, without the publisher's permission, the master recording license does you no good at all.
BOTTOM LINE:
Unless you've secured both of these licenses for your promotional, advertising, or marketing use you cannot legally use the song.
This is why you'll hear a popular song in a TV ad but it will be a 'cover' version. This typically means that they were not able to aquire (or afford) the actual 'hit' recording. You can also see why in many cases obtaining a music license requires negotating with a music publisher, the record label, managers and attorneys...not to mention that the song was written by 3 people who now live in differnt states and may (in some cases) all be required to approve a licensing use!
PROVIDING MUSIC TO YOUR CLIENTS
To add to this list of licensing tasks...you'll also need special additional permission if you intend to redistribute the music via client DVDs, Photo CD's or downloads.
HOW THIS RELATES TO MY DAY JOB:
Ah...the joy...the pain... You can now probably see why we spent 2 years and many thousands of phone calls and emails to get all this done upfront for photographers at TripleScoopMusic.com. Many of the songs on our site have been featured in major TV shows and movies and generate thousands of dollars (or more) per use for the artists and record companies. It took a while to get everyone on board with an inexpensive 'royalty-free' price structure - especially some of the Grammy & Emmy winners. However - now that we've established a successful and affordable model that works for everyone, the process is getting easier for all.
To wrap it up....
If you're using music to promote & advertise your photography business - you absolutely need a license. While it's true that there are photographers and video producers that still use unlicensed music - they are a ever-shrinking minority and their attitude of 'let em' sue me' is a ridiculous and dangerous way to run a business.
Seriously...if you think that your business or website can only succeed by using a "hit" song without a license - it may be worth rethinking your approach and looking at the story you're telling (and selling) to your clients.
If you're marketing yourself effectively, your photos should be the star and the music should simply help tell the narrative of the images and provide an emotional undercurrent.
I'm guessing most of you feel the same way and wish you both inspiration and success! If you have other music licensing questions - feel free to email anyone on our staff at music@triplescoopmusic.com
Thanks for reading and a shout out to mi amigo David Jay for provding a forum for this topic.
Cheers
Roy
Roy Ashen
Co-Founder
www.TripleScoopMusic.com
Triple Scoop.
