Original Music

We strongly encourage you to consider using original music, composed specifically for your film. The advantages are numerous—Whenever possible, students are strongly encouraged to use original music composed specifically for their productions.

Original music provides complete creative flexibility while avoiding many of the copyright and licensing issues associated with commercially released recordings. CalArts has many talented composers and musicians who collaborate on student films, often for little more than production expenses or portfolio credit.

Whenever you commission original music, both parties should sign a written agreement that clearly identifies:

• Ownership of the composition.
• Rights granted to the production.
• Credit language.
• Compensation, if any.
• Future uses of the music.

A Composer Agreement and/or a Music License should always be included in your production Wrap Book.

Commercially Released Music

Any commercially released or previously published music must be properly licensed before it can be used in your film, even if only a few seconds are used. Using copyrighted music without permission may prevent your film from being accepted by festivals, distributors, broadcasters, or streaming platforms and may expose you to copyright infringement claims. Simply purchasing a song, owning a CD or vinyl record, downloading music legally, or subscribing to a streaming service does not give you the right to include that music in your film.

Music Rights 

Several different rights may apply to a single piece of music.

A Synchronization License grants permission to use the underlying musical composition (the song itself) in timed synchronization with moving images. This license is generally obtained from the music publisher or copyright owner.

A Master Use License grants permission to use a specific recorded performance of a song. This license is usually obtained from the owner of the sound recording, typically a record label or independent artist.

If you wish to use a commercial recording in your film, you will usually need both a Synchronization License and a Master Use License.

Performance Rights govern the public performance of musical works. These rights are generally administered by Performing Rights Organizations (PROs) such as ASCAP, BMI, SESAC, and GMR.

Most filmmakers do not obtain separate public performance licenses for theatrical exhibition or streaming, as these are typically covered by the venue, broadcaster, distributor, or streaming platform.

A Cue Sheet is a detailed record of every piece of music used in a production. Cue sheets identify:

• Song title
• Composer(s)
• Publisher(s)
• Duration
• Type of use
• Placement within the film

Distributors, broadcasters, and some streaming platforms may require cue sheets before accepting a project. Cue sheets also allow composers and publishers to receive performance royalties when applicable.

If your distributor requests a cue sheet, consult with Production Services for guidance.

Example

If a character sings, hums, whistles, or performs a recognizable copyrighted song on screen, permission may still be required, even if no commercial recording is used. If you use the original commercial recording of that song in your soundtrack, you will generally need both:

• A Synchronization License for the musical composition.
• A Master Use License for the sound recording.

Different recordings of the same song may have different Master Use rights holders while sharing the same music publisher.

Licensing Music

The owners of music rights can often be identified through music publishers, performing rights organizations (PROs), record labels, music licensing agencies, or the artist’s management. Obtaining licenses can take weeks or even months and may involve multiple copyright owners.

The following companies can help you find out who owns the music you are interested in and also help with securing the proper rights. However, they do so for a fee.

Cost of Music Licensing

Licensing fees vary widely depending on:

• The popularity of the song.
• How the music is used.
• The length of the excerpt.
• Whether lyrics are used.
• The intended distribution of the film.
• The size of the audience.
• The term and territory of the license.

Commercial licensing fees for well-known songs often range from several thousand dollars to tens of thousands of dollars. Some copyright owners may offer reduced rates for student films or festival-only exhibition, while others may decline to license their music altogether.

Alternatives to Commercial Music

Students should strongly consider using:

• Original compositions.
• Royalty-free music libraries.
• Production music libraries.
• Properly licensed Creative Commons music.
• Public domain music when appropriate.

These options are typically faster, less expensive, and easier to clear than commercially released music while still allowing your project to be exhibited publicly. If you have questions about music licensing or whether a particular piece of music may be used in your production, consult Production Services before editing the music into your film.