24
Sep

The music publisher is going to want to know as much information about your product or service as possible in order to determine whether they want to grant a license and if so, under what terms. The more accurate and complete your request letter is, the sooner you should get a response from the publisher. The following is a list of the items and descriptions that should be included in your request letter:

  1. The song title, songwriter & publisher name.
  2. The name of the product or service you plan to market.
  3. The name of the distributor or producer of the product.
  4. The retail selling price and the wholesale selling price or in the case of an Internet site, the projected income (from advertising and/or user fees) of the site.
  5. The territory you would like to have covered in your license.
  6. The term of the license (the number of years you would like to have permission).
  7. The total number of units you plan on initially manufacturing.
  8. The medium you plan on releasing (video, Internet, CD, DVD, etc.) and the number of units you plan on initially manufacturing in each medium.
  9. The total number of copyrighted songs you are attempting to license.
  10. The timing of the music use and nature of the use. (Is it background or visual, instrumental or vocal?)
  11. Detailed description of how the music is used and in the case of multimedia, how the user interacts with the product with regard to music. (Can you print lyrics, can you listen to music, can you copy the music and send it to someone else, and can you change elements of the music?)
  12. Is all the music in your product used in the same way? If not, how are the other musical elements used?

The following are TIPS for successfully negotiating music licenses:

  1. Make sure you are only asking for rights that you really plan on using. Do not ask for permission for the world if you do not plan on distributing product to the world. Many people mistakenly believe it is better to try and obtain very broad rights, e.g., permission for the world in perpetuity. A quote for a license that has limited terms e.g., a five year license for the United States only, and one that asks for everything under the sun can differ substantially.
  2. Be very clear in your request letter in describing exactly how you plan on using the music you wish to license. This is especially true when it comes to any kind of multimedia or Internet licensing. If your music use is used in a multimedia format but does not allow for interactivity you should specify so. You will have an easier time clearing rights for a product that is non-interactive.
  3. Make sure you are prepared with substitutions if the song you want is denied permission. Also, substitutions may be necessary because the song you wish to license is too expensive for your budget. Music publishers are always trying to exploit their entire catalog. If you are unable to secure the #1 hit song maybe the #5 hit song is standing in the wings ready for easy access licensing.
  4. Leave plenty of time for clearing music licenses. It is a time-consuming procedure so you need to start early if you intend on using music. This is the number one mistake that new music licensees make regarding music licensing. They generally wait until the end of the production process without appropriately budgeting for music. Music can drive a product like no other type of content so it is worth planning your music uses early.