Page 123 - Law and the Media

Law and the Media
5.5 Music

The use of pre-existing music in a newly created work is an essential part of the rights
clearance process. It is important to distinguish between commissioning music, use of
pre-existing songs and recordings, and engaging live performers.

Commissioning music
If a piece of music is commissioned for a programme, an appropriate copyright agreement
must be reached. A composer may have an existing agreement with a publishing or recording
company, which may place restrictions on his ability to compose and record for third parties.
In addition, organizations such as the Performing Right Society (PRS), Phonographic
Performance Limited (PPL) and the Mechanical-Copyright Protection Society (MCPS) may
also control certain rights in a composition or recording.

It is therefore essential that the contractual position of the composer or owner is checked
carefully. A ‘synchronization licence’, in other words a licence granting permission by the
copyright owner to use the composition in synchronization with a programme and, in most
cases, to exploit the broadcast or programme with the composition, will be required from the
music publisher for the use of the composition. In other circumstances, the composer can
assign or license copyright in the new composition subject to the payment of a fee.

Use of pre-existing songs and recordings
Incorporating a pre-existing song or sound recording also requires the permission of the
copyright owner. The PRS, PPL and MCPS also administer certain rights on behalf of their
members, and operate as collecting societies.

The first step in obtaining a copyright clearance of a pre-existing song or recording is to
identify who actually owns the rights. In most cases, contacting the PRS, MCPS or PPL is
a useful resource for identifying ownership. Once again, a synchronization licence will be
required when including a song in a programme that will be broadcast. Because of the
complex nature of the industry, it is always best to obtain professional advice.

Engaging live performers
When using the services of a musician, most clearances can be obtained through existing
collective bargaining agreements with the Musicians’ Union. These agreements enable
musicians to be engaged for recording sessions in return for a specific fee and expenses. The
payment of these fees also allows certain basic uses of a musician’s work. However, in most
cases the further use of a musician’s works will attract additional payments.

86