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December 2008 e-EntertainmentLawArticle Negotiating The Music Score Created for Films In order to enhance a film, producers frequently hire composers to create the underscore. The underscore, which is also referred to as the "score", is the music heard underneath the dialogue, action, transitions, etc. A well-crafted score can powerfully transform the impact that the film has on its audience. This article will present an overview of the key terms of the typical agreement between a composer and a producer (independent production company). Ownership and Control Since the producer hires the composer and the composer is under the direct supervision of the producer, most composer agreements are "work for hire" agreements. This is significant because under these agreements, the composer, for a fee, grants the producer complete control and ownership of their music and recordings. This includes, but is not limited to allowing the producer to exploit the music in any and all media, to modify or rewrite the music, to license the music, etc. Also, as a result of this grant, the producer automatically owns the copyright to the music. Consequently, the producer owns the music publishing rights to the score. Essentially, the producer steps into the shoes of a music publisher and licenses the music to third parties and collects the royalties. The main sources of income for music publishers are public performance royalties, mechanicals (record royalties) and synchronization income. In the case of low budget films, instead of paying the composer huge creative fees on the front end, producers can negotiate to split the publisher's share of royalties on the back end. Regardless of how, if at all, the publisher's share is split, the composer will receive the writer's share of the public performance royalties directly from their performing rights society (ASCAP, BMI or SESAC). Services The film producer must define the scope of the composer's services. Usually, in very close collaboration with the producer, the composer will be responsible for overseeing all facets involving the delivery of the film's underscore. Typically, the composer's responsibilities include: composing all of the score for the film, orchestrating the music; conducting the orchestra; producing the music; recording and editing the music and delivering the final master recording according to schedule. Term Generally, the composer's services begin after the principle photography is complete. However, if circumstances dictate, services will begin during principle photography when the composer reviews the film with the producer and director to determine the placement of the music in the film. The term is complete when the music is "dubbed" in to the final version. For an independent film, the producer may negotiate for the composer to compose and record the full score for the film within three to five weeks. However, if the picture is behind schedule or over budget the composer will be forced to complete the score in a shorter period of time. Compensation Composing fees vary considerably. The composer's compensation will largely depend on the stature of the composer, the budget of the film, the type of music required, the size of the orchestra and how the deal is structured. There are two basic ways to structure a composer deal. First, the composer is provided with a fund that includes the composer's creative fee and in return, the composer assumes responsibility for all the cost of the music (the "package deal"). Or second, the composer receives a creative fee solely for the composing and conducting services and in return assumes no responsibility for any additional costs. In the independent film world, most composer agreements are structured as "package deals." The composer is responsible for all the costs to make the score including the costs for the musicians, recording, copying, orchestrators, instruments, cartage, payroll, etc. Many composers have their own studios and can minimize their costs by using electronic synthesizers. The composer delivers all the fully recorded music to the producer for a fixed fee. This approach is very advantageous to a producer because the cost is capped and there are no unexpected costs during postproduction. Credit Another major issue to consider is the type and placement of credit for the composer. For established composers, the credit is placed in the main titles on a separate card that reads "Music by (composer's name)." If the composer is unknown, then it is quite likely that the credits will appear at the end of the film in the list of closing credits. However, as a bargaining tool, in low budget films the producer can grant the composer a single-frame card credit of "Music by" in the closing credits, on a separate card. Or the producer can give the composer a spot in the film's opening credits where the stars, producers and director are listed. Conclusion Before entering into negotiations for a composer's agreement, it is important for the composer and the producer to understand the various deal points as these are legally binding agreements. These negotiations are best handled with the help of an experienced entertainment attorney. [ back to top ] |