Legal info on music?

[LB_EnterprisesUK]

I own a clothing brand and creating an advert but wanted to use a certain song from a world wide singer but do I need permission if so how do I go about getting it?

 

[paulears]

You have to deal with two agencies. PRS who will license the composer's rights and PPL who license the artiste's rights and the record companies. This is why most songs on adverts are re-recorded and not the originals. It's much cheaper. Cost wise, you might get a shock. The price depends on the exposure - so an advert on ITV with millions of viewers is more expensive than an advert as audio only on a small community station. They also license on-line distribution.

I'd strongly advise you to phone them and have a chat - they are very happy to give advice.

There are two other snags. Some artistes through their record company restrict their rights, and simply say no. These recordings will be flagged as not available via PRS/PPL, and you have to deal direct with the record company or management company. PRS will advise. So if you hoped to use Abba, or Disney, it's probably a straight no. Most music is available, with a few that can't be used for certain products - like of the artiste is vegan, or has political opinions.

Just be warned it can be very expensive - hence why most lower budget adverts use library music of some kind that has reduced license cost.

 

[Simon_H]

I'd add just one thing to what paulears says - namely remember that there is protection not only for the music, but also for a particular recording. So while it may be cheaper to use a re-recording, it's still not free. And even if the writer of the music died so long ago that the music itself is out of copyright (say you were thinking of using a famous piece of classical music), you can't use a recording of it without permission because there is copyright in that recording.

 

[paulears]

Yep = that's the bit licensed by PPL - the recording. Hence why re-recording on a buy out contract is the common thing now. I record some specialist music (mainly for use on stage by ballet dancers) and Gershwin music is a good example of where the music is now out of copyright, George having been dead over 70 years, but you can't use the lyrics, or most of the recordings, because they are still covered. We record piano versions of some and the copyright in the recording resides with us, to use as we see fit, but as somebody did last month, we cannot record somebody singing one of George's compositions because the words his brother wrote are still covered.

Don't be fooled by the words 'Copyright Free' - that doesn't exist. There is ALWAYS copyright, but the owner can choose to allow people to use it for free, or as often happens, a small charge. The only thing that doesn't happen is that PRS/PPL get involved.

 

[The Byre]

A certain amount of misinformation here -

Film, advertising, TV series require the user of any IP to come to an agreement with the copyright owner. MCPS, PRS, PPL are there for licensing the tunes for use in fresh recordings and not for film, TV or advertising.

If you want to use any existing IP for film, TV or advertising, you must buy the rights to the mechanical copyright from the owner of the IP.

There are two copyrights to a song - mechanical and intellectual. PPL etc. are there for the intellectual and that lasts 70 years after the death of the last surviving copyright owner. The mechanical is the noises made and that lasts 50 years from the date of publication and is refreshed every time that publication is refreshed.

Outside of the UK there are also image rights. I suggest that the OP look up the various terms here and gets acquainted with the issues involved.

 

[paulears]

Indeed - but the situation is considerably complex, and PRS, for example, ARE involved in licensing music used on TV, on-line and radio advertising in the UK. Very little popular music is not under PRS control, the famous clause 7F - and PRS include this statement in their advice to prospective users.

Regardless of whether you buy in your programmes or make the content yourself, if your broadcast material (programmes, adverts and trailers) contains our members’ music then you will need a licence from us.

So that is the composers IP covered. You can of course, contact the rights holder direct and gain permission that way, even if they have not excluded that item from PRS control, but it's against the terms of the PRS agreement - they don't seem to worry though. PPL have no interest if the recording is specially commissioned, and this is pretty universal now. MCPS tend to be interested in in physical media, so broadcast isn't normally an area they get involved in - apart perhaps from the production process when IP rights on the original media are modified by copying to new media?

One of the biggest snags with trying to do it properly is that it's even complicated for the rights holders - especially if they are big companies. Many don't even know they hold the rights! With agencies like PRS, exposure to the music is the biggest factor in price structures. 2m 30s of Oxygene in the late 90s caught me out. I'd not realised that the price quoted direct from the record company for use at an exhibition, behind a video showing a satellite receiver was priced per play - so on a loop, for 8 hours a day for 3 days was a very unexpected shock! PRS clearance would have been MUCH cheaper.