Dominique Preyer is an experienced music licensing professional with a background in music publishing and songwriting. He has served as music supervisor on over 15 films and has also served as an executive producer and producer.
Blogger DVDs
Archives
Daily Blog
July 23, 2008
I am a member of many film and music groups and forums. If frequent several Yahoo groups such as Music Supervision for Film & TV, The Budgeting Group, Doculink and Film Finance & Investing. Other forums that I’m a member of are the Composer’s Forum, filmmaking.net, and ReelGrok where I am a Tutor/Consultant.
I reply to a lot of post about music clearance and situations that pertain to music in films. I find it very interesting how I rarely get a reply or have other members join in the discussion. It appears to me that once I chime in, no one wants to discuss the subject as I might call them on their music use.
It’s the same thing that happens when a state trooper pulls onto the interstate and everyone slows down and follows all of the driving laws. Some drivers exit because their inspection sticker has expired or they have no insurance. They want to avoid any chance for the officer to pull them over with probable cause.
I know there’s a lot of probable cause going on in the film industry. I’m not going to pull anyone over, if you will, if I find out that they have not cleared the music in their film. I just point out the fact that they are supposed to clear and license the music and offer a few words to help them understand what needs to be done. I inform them that music is property owned by someone and it’s not free to use without permission.
I’ve taken it one step further and offer consulting services for those who just need an hour or so of my time to consult them in the right direction. I can also be hired as the music supervisor to do the music clearance and licensing for the project as well as all of the administrative task that most filmmakers are not aware of. This is a very important service and can be invaluable. Getting the job done right from the start will alleviate a lot of headaches and frustration down the road.
When I hear people talk about how they don’t think they have to pay to use music, I have to turn the table on them. I ask how they would feel if they found out that someone use footage from their film and didn’t bother to clear it with them first. They don’t like it and they say it’s different when it comes to music. People think music is free because you can record it off the radio or the Internet. It’s readily available. What they don’t understand is these radio stations have to pay ASCAP, BMI and SESAC an annual license fee to legally broadcast the music you hear. This is the same for any business that play music to the public. Internet use has to be cleared also.
I have a lot of publishing and record label contacts that I work with everyday. I don’t need to tell them that their music is being used with out their permission. They already know. They have a team of attorneys that take care of this.
I want to hear from anyone about their music clearance needs. I’m not going to report anyone. I’m just going to help. I’m a music supervisor not a police.
July 16, 2008
Most things are really not free even if the name says free. There’s always a catch in the fine print or you have to pay something to get the so called “free item.” That free toy you got out of the box of cereal when you were a kid was not free. Even thought the big letters on the box said “Free,” you had to buy the cereal before you could get the toy.
In the case of Royalty Free Music, it’s not free either. The term “Royalty Free” is a misnomer as you have to pay something to get to use the music. It doesn’t really matter if you pay the fee upfront as a buyout or on the back end as a licensing fee; you are still paying the copyright owners of the use of the song.
If you Google “Royalty Free Music,” the first hit you’ll get is royaltyfreemusic.com/. Go figure, Google Royalty Free Music and your first hit is royaltyfreemusic.com. When their home page comes up, the first thing you see $35.95 for individual tracks, $99.95 for compact disks and a $299.95 subscription.
Aside from the free issue, there are other things that you need to be aware of when using library music. It’s extremely important that you read the license agreement, terms and conditions or any disclaimer they have posted on their site.
If your distribution plan includes a major theatrical release, you should be careful. The Music Bakery’s fine print states,
“Use in major theatrical releases or in mass-market retail distribution (3000+ units) is licensed separately by contacting Kelly Atkinson at 800-229-0313 or kelly@musicbakery.com”
You would not want to use this music if you have a theatrical release planned or if you think your film has a chance of selling over 3,000 units. You’ll have to negotiate some other deal. This is not true for all library music companies. You must read the fine print for each and then determine if it’s right for your film.
You should also know that you will be issued a license for the music you use. This license that you are granted covers a wide range of rights and is issued directly from the company that provides the music to you. Some companies are an extension of a larger publishing company and there may be more restrictions.
A requirement that all royalty free music libraries demand is that you properly create and file a cue sheet with performance rights organizations such as ASCAP and BMI. Your license agreement will cover which organization you will be responsible to file with. It may be both.
There are several advantages with going the royalty fee music route. The first is one-stop shopping. You can clear both the sync and master rights with the same company. Going this route is fairly quick. Many licenses can be granted over the Internet and you do not have to deal with a licensing rep. Just click and pay. Getting music that fits your music budget is another reason filmmakers choose royalty free music.
There is always a downside to anything that seems to be a good thing. Royalty free music will limit you in your creative expression within your film. There’s no doubt that using authentic music by artists that create music with a passion is more conducive to setting the mood of a scene. If your music budget is tight, you can search for independent, local artists/bands for good music.
All in all, royalty free music will cost you. Nothing is free here. If you have zero dollars in your budget, don’t make the mistake and think royalty free music is the answer. It can work in your favor to some degree and limit you in others. Do your homework and read the fine print. Contact the company and ask questions. I prefer e-mailing them so you can have a written record of anything they tell you in the event you find yourself in a licensing bind.
July 4, 2008
Do you remember the lyrics to the song by Digital Underground, “Okay, stop what you’re doing, ’cause I’m about to ruin the image and the style that you’re used to.” That’s my goal in the blog posting. I want you to stop production, take a moment to think about the song choices you have in your film right now. Can you really afford the licensing fees? Do you even have a clue as to how much it will cost to license these songs? Have you even given the owner of the song the right to decide if they even want their song your film?
I don’t mean to ruin your musical vision. I just want to prevent you from having to deal with the stress and headache down the road. As a music supervisor, I deal with this everyday. I hear the frustration in the filmmaker’s voice when we discuss the clearing and licensing issues that have surfaced. Actually these issues didn’t just surface, they were just being ignored.
My point is, no one is listening. No one is taking the time to question the music that’s being edited into their film. It’s insane! Who’s in charge during filming when music is picked up (incidental music) and no one says we can’t afford that songs, let’s re-shoot. Who’s in charge during post? Who was in charge when the script was being broke down and the budget was prepared.
Why do I always rant and rave about this? Because (as I’ve stated several times before) I keep getting the calls and the e-mails from desperate directors and/or producers who need to clear this ridiculous list of songs that they’ve allowed to get placed in their film. Now they have a distributor who has told them that they cannot move forward with a distribution deal unless they clear all the songs in their film.
Now I get the list of music cues and the music budget they want me to use to clear these songs. It’s like going to the grocery store with $100 in your pocket and you fill you shopping cart with $5,000 worth of groceries. It’s not going to work. You wouldn’t walk into the equipment rental store and grab a HD camera, a lighting kit and sound equipment and just walk out? No! You have to pay for it.
So why do you think you can just pick a handful of songs and throw them in your film without getting permission first and then paying the fees you’re quoted? Someone owns the music just like the groceries, camera, lighting kit and sound equipment. Nothing is for free. Someone had to pay for it at one point.
You’ve been making the festival rounds with music you have not cleared and no one has said a word. You think you’ve gotten away with something. You haven’t. My question to you is, “how serious are you about the future of your film?” Why put yourself in the position of having to come up with thousands of dollars to clear these songs and the expense to remove the songs that you can’t afford.
Right now while you’re still in post you should ask yourself, “how much money do I have for music?” “How much money can I raise?” Be brutally honest here. There are a lot of songs that will work just the same that are more affordable.
You know, when I bring this subject up, no one seems to want to comment. I really wish I could get some feedback from filmmakers that fall into this category. I would really like to know the thought process that goes on while sitting there editing the film and you can hear music that’s obviously a very popular song by a very well known artist. These are the songs you should stay away from unless you have a fairly large music budget.
So have you stopped what you’re doing and really put some thought in to the music you have in your film right now? Let me hear form someone who’s in this situation right now. Just post a comment or send me an e-mail.
One last thing to remember, aside from the financial issues, is the fact that you must clear the rights to use music in your film. That’s right! You must get permission first. Then if permission is granted, you can then deal with the licensing fees that you are quoted.
Remember, “If you can hear it, clear it…and then pay for it.”
June 26, 2008
Yes it’s true, I keep very busy and this is why my Wednesday blog is being published on Friday. Consistency is important to me but there are times when things happen. I just pulled out my “films in production” list and started making notes. It’s kind of a make shift to-do-list. For a list of the films I’m working on, you can visit my IMDb page.
Last week I gave details on what I do. This week I’ll talk about the films I’m working on. I balance the work load to minimize the amount of multi-tasking that’s required. On some films the ball is in the publisher and record labels court. I’m waiting for their quotes so I can either accept them or start negotiating.
“Conflict of Interest” just wrapped filming on Wednesday. Post-production has commenced and I’m looking at some rough cuts of scenes that I’ll be placing music in. I’m also dealing with composers. There’s still some time before the composer gets involved as we’ll need to work with a locked cut.
I received a newly edited cut of “She Pedals Fast (For a Girl)” last week. There have been several song replacements and I’ve started the clearance process on these new songs.
I’m still looking for songs for the documentary, “Light, Bright Damn Near White.” With the low budget situation, it’s been a challenge getting the songs that the director originally wanted to place in the doc. I’ve been out searching for new material and have found some interesting songs that seem to work well in the doc. I’m getting all of license agreements for these unsigned artists and songwriters drafted and signed.
“The Kings of Texas” licensing is in progress. We are also working on a soundtrack album. There’s a lot of work to go on this film as we are trying to release the CD as a companion to the DVD.
“Misunderstood” and “MANchild” are both being produced by Scenarios USA. These two films were written by high school students and directed by Clark Johnson and Rawson Thurber respectively. These students were given the liberty to select songs for these two films and I’m looking at songs from Jay-Z, Alicia Keys, The Temptations, and Usher. It’s a very ambitious list of songs with the likelihood that I will not be licensing these songs for these two films. Unless the publishers and record labels agree to support the program that Scenarios USA has with these kids, I’ll have to find replacement songs.
The animated feature film, “Mars,” is using only one song. It’s a cover version of Lou Reed’s “Satellite of Love.” Lou has final say over any licensing of his music so we’re waiting on his permission.
“Gretchen” has been complete since 2006. It now has a distributor and we have to get the music cleared before the distributor can rightfully distribute the film. I’m still working with the producers and distributor on budget issues.
Documentary “Year at Danger” is still in the licensing stage. I’m waiting for licensing quotes to come back with one record label from an old 1960’s recording of “Little Bitty Pretty One” still in limbo. This film has been a challenge as it was financed by film maker Steve Metz hazardous duty pay. As a result, there’s very little money available in the music budget. There are plans to raise more funds to cover the licensing fees.
Original music for “Lovely, Still” is currently being recorded. The licensing fees for Bing Crosby’s “White Christmas” and Frank Sinatra’s “Let It Snow” came in too high. The synch fee alone for “White Christmas” came in at $25,000. Once the new recordings are done, I’ll be working on the final agreements for these songs and the rest of the songs in the film.
A huge licensing issue with “Harmony and Me” is causing grief for the director and producers. Elton John’s “Harmony” is coming in at six figures. I’m trying to negotiate a step deal with the record label and publisher. Not sure yet if these quotes will come in more affordable.
Outside of my music supervisor role, I’m working with my wife on getting our film “The Funeral Singer” out to festival. We’ve just met the deadline for the Oldenburg International Film Festival in Germany today. The film has already been selected into South by Southwest Film Festival in Austin, the Chashama Film Festival in New York and the Michigan Womyn’s Music and Film Festival which starts August 5th.
I’ve got more work pending and I look forward to the completion of these films and a whole new slate of films, documentaries and TV pilots.
June 19, 2008
I’m juggling a lot of balls right now. My current list of films in production adds up to 10. It’s tough, but I really enjoy the massive multi-tasking that’s required to perform as a music supervisor. I’m working with different directors, producers, composers and songwriters. I’m listening to music, drafting license agreements, preparing cues sheets, reviewing license agreements, and submitting license request forms.
My day starts with checking e-mails for any updates from those I’m working with. I’ll reply as needed. I then look over my to-do list. I check to see what films need to be moved to the top of the list and what I need to do with them. I then follow up on license requests that have been pending too long. This is something that requires a lot of attention. The publishers and record labels that I’m dealing with are extremely busy and will put the big budget films at the top of their priority list. Periodically I have to report to the director and producers with any new developments with the licensing fees.
When I’m not working with the music publishers and record labels, I’m drafting license agreements with songwriters and updating cue sheets. Depending on what stage of production the film is in, I could be screening potential composers or working with a composer on the film score.
As the day progresses, I’m on the phone or communicating through e-mail with directors discussing the musical plan and how things should progress. I’ll discussing the feasibility of certain songs and if we should scrap it now or try to see if we can afford the licensing fees. Sometimes we’ll discuss recording a cover song with local bands to save on money.
When there is a song change, I have to start the research all over again. I have to find out who owns the publishing? Who owns the master recording? What are the songwriter royalty splits and are they affiliated with ASCAP or BMI? Once all the details have been iron out, I’ll either draft the license agreements for the indie songs or submit a license request form with the major publishers and labels.
There’s a lot to deal with when clearing a song. It may sound hectic and tedious, but for me I enjoy every minute of it. Working with indie songwriters is a lot of fun. I like when I can offer them a fairly decent licensing fee and make the deal happen. It works out great for the songwriter and the film. When I get a small budget of about $5,000 to work with, I know that I can get some good indie songs at a good price. These unsigned artists are eager to get their music in a film.
When I get the big music budget I can go for the more popular songs. Just waiting to see how the licensing fees come in is a rush. I wait and hope that the fees will be within my budget so I can report good news to the producers. Many times it’s bad news. That’s when there’s silence for a few days or even a week or so. They’re regrouping and trying to figure out what to do budget wise and possible song replacements.
Negotiating is a key function of the music supervisor. My goal is to get the fees low enough to fit within the music budget. If a quote comes in too high, I have to discuss the budget situation with the publisher and/or record label. It’s tough convincing them to lower the fees especially if the music budget is ridiculously low. If they do not lower the fees, I’ll have to discuss reducing the rights that are being requested with the director and producers.
As my day comes to an end, I check to see if there’s any west coast publisher or record labels that I need to contact. Since they are two hours behind me, I can get a little more work accomplished before everyone shuts down for the day. There are many days I keep working so I can have things ready for the next day to start. New York is an hour ahead so I can get the ball rolling again at 7:00 AM CT the next morning.
There’s really no set routine to my job. Each day is a mix of everything and anything could change by a single e-mail or phone call. I guess that’s why this blog posting is so erratic. No real continuity.
It seems that there’s never an end to this job. As I’m working on these films, I’m still seeking new film opportunities. I have a TV pilot possibility and a couple of documentaries. I’ve also contacted several feature films that I’m interested in and three more already slated for later in the year.
You can check out my IMDb page for more details on the films that I’m working on. If you’re a musician or composer, you can find out more about my music needs by visiting my Music Supervision website.
