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When choosing a Music Supervisor for your commercial spot or campaign it is important to find a company that specializes in pulling each legal and creative element together and speaks the language advertising. Because the implied endorsement of an artist to a brand or product, it is critical to hire someone that specializes in music in advertising only.
Below are specific issues that surface when using music licensed in advertising – issues that are not present when licensing music for TV or film.
Artist’s/Vocalist’s Permissions and “new use”
In addition to clearing publishing (synch) and master (recording) rights, the brand must have the direct written permission of the solo vocalist (“prinicple vocalist”). If the artist is decease, permission must be granted by the artist’s estate. Permission is not given for free – this is a negotiation, and a vocalist or their estate can ask for any amount over (SAG-AFTRA) union scale, regardless of the brands production or its union status. If the vocalist accepts union scale, those “new use” fees are calculated by the scope of the media, term and territories the video/spot will run in. Payment of vocal talent union fees are strictly regulated by the unions and must be paid on schedule to avoid (substantial) penalties. Payment to singers must be made through a signatory to SAG-AFTRA. Michael Welsh Productions, Inc. is a signatory to the SAG-AFTRA Commercial Contract to facilitate their client’s obligations.
Vocalist’s talent fees can sometime add up to be more than the synch and master fees combined. This negotiating is a key budgetary factor.
Musicians “new use” and “re-use” Payments
If you license a recording on a major label – (Warner Bros., Universal Music, and Sony Music Entertainment, for example) – the brand is obligated to pay all applicable “new use” payments to musicians (as well as singers, see above) per AfofM (in the US) rules/regulations and the master license issued to you by the record label, regardless of the brands union status. Similar to vocalist’s payments, fees are calculated by the scope of media, term and territories. These fees follow union scale rules and are dictated by the original session contract for the specific song and recording, dated from whenever the recording was made and subject to the territory it was made in.
Digital Media – Publishing and Master Rights
Since a huge percentage of advertising now “lives” on digital media platforms, and since Internet music uses can be accessed globally, it’s important to be clear about what territories you need a song clear for. Publishing interest on any particular song can be split in multiple pieces for multiple world territories – you need to know what terrorites are needed and where to go to get those rights. If you can’t get clearance for a certain terrority, you have options with geo-blocking – making your commercial spot unavlaible in that specific territory.
Entire Advertising Music Supervision
Because of the artist endorsement issue, licensing music for your advertising campaign or engaging an artist to partner with, goes way beyond TV and film music licensing. It’s critical to hire a company that knows all the “moving parts” to this complex segment of the music business.
Conclusion:
Check out the official Michael Welsh Productions, Inc. web site at: michaelwelshprods.com today and see if they fit your advertising music needs. Is your commercial production union or non-union? MWP handles all aspects of brand music advertising. By filling out the “Request A Quote” form on the site, they will qucikly give you a realistic budget estimate free of charge.
For more information about Non-Union Music Use Advertising visit our website https://www.michaelwelshprods.com/
Article source: https://article-realm.com/article/Arts-Entertainment/Celebrities/7298-Choosing-a-Music-Supervision-Company-for-Advertising.html
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