Has anyone licensed any big name songs before?

Buck Forester

Buck Forester

Well-known member
I'm doing a documentary and I'd like to use some mainstream songs. I'm obviously willing to pay big for them but I don't know if we're talking thousands, tens of thousands, or hundreds of thousands? A million? It's for a non-profit documentary so I wonder if it's taken into consideration? The songs of interest are "Over The Rainbow" by Isreal Kamakawiwo'ole and "Paradise City" by Guns N Roses. I was wondering if ANYONE has licensed songs like this via contract. I'm not looking for "that's gonna be hard" or "that'll be expensive" type comments, I know that, I am seeking real answers from those who are familiar with licensing big songs like this for a movie/documentary, preferably from those who have actually done it. This is not pie-in-the-sky dream request, but seeking practical answers. Gracias.
 
From your referenced site:

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The synchronization fees charged by music publishers for major studio films are usually between $15,000 and $60,000 (with the majority ranging from $20,000 to $45,000) but can be lower if the music budget is small or higher if the song is used several times in the motion picture, if the use is under the opening or closing credits, if the song is a major hit, or if it is vital to the plot or particular scene of the motion picture. There are no hard and fast rules in this area as the fees are negotiated in the context of each individual film; the same song may be licensed at very different rates for different projects (i.e. major studio release, independent film, foreign film, film festival license only, web production, or student film).
It should also be mentioned that record companies normally charge between $15,000 and $70,000 for the use of existing master recordings in a major studio film but, depending on the stature of the artist, the length of the use, the music budget and how the recording is being used, these fees can be greater or less.

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And how do you get the appropriate rights (note: ASCAP does not negotiate such rights...)

From: http://www.ascap.com/filmtv/faq.html

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Q: WHAT LICENSES MUST I GET TO USE A SONG IN MY FILM?

A: If you are using a pre-recorded song or another pre-recorded piece of music in your film, there are two rights you need to clear; that is to say, you need to get two different licenses to use the music.

* Synchronization License: This is the right to synchronize a song or a piece of music with your visual image. It must be obtained from the copyright owner of the music, which is usually the publisher. You can find out who the publisher is by using ASCAP's Clearance Express (ACE) at www.ascap.com/ace. Songs that are not represented by ASCAP might be found at the National Music Publishers' Association "Songfile" website (www.nmpa.org).You will be provided with a contact at the publisher's Business Affairs or Licensing Department.

* Master Use License: This is the right to reproduce a specific recording of a song in your film. You clear this right with the record label who owns the specific recording you would like to use; see the liner notes of the recording to find out which company this is. Alternatively, you can get contact information for record labels by calling ASCAP's Film/TV Department. You will be provided with a contact at the record label's Business Affairs Department.

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All in all, it is pretty expensive... even if you are low budget/independent, etc... of course if you do have the budget, then 1) pay for the above mentioned rights, 2) get an entertainment lawyer to go over any rights contract, 3) Buy Errors and Omissions insurance.
 
I've been part of that process before. If it's for a non-profit doc then you might get a deal, especially if the artist sees your movie and likes it, or if you're a good sweet-talker. Otherwise, you're most likely talking tens of thousands for sync and publishing rights (you need both). Festival rights are much cheaper usually, but become a pain if you want to sell the movie. I've heard GNR is hard to get and might well be over $100K.
The cheapest option is to find a good cover done by an unknown band, or record it with local band. Then you only have to pay the publishing which can usually be had for a few thousand or less.
 
Thanks guys! Process is on! If GNR is $100 grand then that's not an option, but if it's $10-20,000 I can swing it. According to the above linked article it sounds like some publishers are willing to negotiate based on success and you pay higher fees if the flick evolves beyond the original agreements (such as for festivals only but then gets a major theatrical release). I'll update this post as it evolves (will probably be a long process). Thanks again.
 
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I might mention that making a fresh recording of a cover of a song helps you avoid having to license an existing master recording (the Master Use rights) but you still need the sync rights on the words and melody from the music's publisher.
 
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