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What is Copyright and where can I find out more about copyright laws? As stated on the U.S. Library of Congress website http://www.copyright.gov/ Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
If you would like more detailed information about copyrights, the link above to the U.S. Copyright Office provides general information on copyright basics, copyright application forms and other copyright-related resources. What is a mechanical license? A mechanical license grants the rights to reproduce and distribute copyrighted musical compositions (songs) on phonorecords (i.e. CDs, records, tapes, and certain digital configurations). The Harry Fox Agency was established to license, collect, and distribute royalties on behalf of U.S. publishers that own and/or control the rights to musical compositions. Simply stated, if you want to record and distribute a song that was written by someone else, or if your business requires the distribution of music that was written by others, you must obtain a mechanical license. It should be noted that a mechanical license does not include the right to reproduce an already existing sound recording. That is a separate right, called a "Master Use Right", which must be procured from the copyright owner of such sound recording---usually a record company. Mechanical rights are also different from performance rights which are granted by publishers or societies for the public performance of a song. Depending on the use, one may also have to obtain these rights in addition to the mechanical license. Where can I get a mechanical license? Many publishers, including Fifth Level Music Group, use the Harry Fox Agency (HFA) to issue mechanical licenses in the U.S. on their behalf. Before contacting us, please look up the song you wish to obtain a mechanical license for on the HFA website. If you cannot find the song you are looking for at Harry Fox, please fill out the mechanical request from on our website. If you are making less than 2,500 copies, you can obtain a license online using a credit card or checking account through the HFA Songfile service. For more information please visit the SongFile section of their website. If you are making more than 2,500 copies, you will need to open an HFA Licensee Account. Both options are available through www.harryfox.com. Please use this link to request a mechanical license through HFA. What is a synchronization license? A synchronization license is a license that permits you to synchronize music with an audio/visual work. Such works including television programs, commercials, Video/DVDs, slide shows, movies, film trailers, or any other type of audio/visual use in which music is synchronized. How much does a synchronization cost? Synch licensing fees are determined on a case by case basis and are affected by a variety of factors such as song, use, timing, media, term and territory. Please be sure to complete all sections of the licensing form as accurately and completely as possible so that we may properly assess the appropriate fee for your requested use. What is a Compulsory Mechanical License and the Statutory Rate? If a composition has already been commercially recorded and released to the general public, and you wish to record and distribute that composition yourself (and you are not the original songwriter), you can obtain a compulsory mechanical license. This is outlined in section 115 of the 1976 United States Copyright Act. The Harry Fox Agency mechanical license is a written variation of the compulsory license. The royalty rate (what gets paid to the music publisher) is set by law, and is known as the "statutory rate." What is an in-house license? An in-house license would be a license for the use of our music non-broadcast productions such as corporate training videos, sales presentations, meetings and other industrial/non-broadcast types of uses. Whose name do I put after “Licensee” on the request form? Licensee is the person requesting the license. If you are requesting it, put your name. If you are requesting the license on behalf of an organization please put the name of the organization in the “Licensee” field and your name under “Contact name”. If you decide to use our song, the Licensee will ultimately be the signatory to the license. Whose name do I put after “Contact Name” on the request form? Please put the name of the person in your organization that will be handling the licensing request. If that person is you; put your name What do I put under “What is the title of your production?” Please put the title of the production you are making NOT the name of the song you would like to use. Do I need to give you a plot synopsis and a scene description? Yes, we cannot license music without knowing in what way you intend to use it. Please fill out both of those questions as completely as possible. What do you mean by 'Use?' What are the differences between visual, background, vocal and instrumental? The use is how the viewer of the production will experience the song. You should have one of the following selected;
What should I put under 'Options?' Options are for additional rights that you may or may not need at a later date. For example if your initial request is for a one year film festival license in the United States, you may want an option to sell your film on DVD, renew beyond your initial term or expand the territory, so that you may enter international film festivals. I want to put my project on the internet, what territory should I be requesting? Since the internet is accessible all over the world you will need a worldwide license for internet uses. How long is my license valid for? Each license is unique and the term will vary from license to license. Please specify how long a term you would like in your initial request. The length of the term is a factor in determining our fee. What is a master recording? A master recording is the actual sound recording of the song. As the publisher we control the underlying intellectual property that is the “song” – the words and music. The sound recording of the song is usually controlled by the record label that released the album. We do control some master recordings. Do I need a separate license for the master recording? Yes you do. Master use rights are required for previously recorded material that you do not own or control. You will need to negotiate master use rights and fees for the use of whatever master recording you decide to use with the owner of that recording. They can only be obtained from the owner of the master recording, usually a record company. Who usually controls the master recordings? Usually it is the record label that originally released the song. Does Fifth Level Music Group control any Master Recordings? Yes, we do control the Master Recordings on some of our catalogue titles . We will be adding a Music Search feature to this website shortly to search whether we have a master recording you may be interested in. In the meantime, please send us your request and we will respond to your inquiry. Is Fifth Level Music Group the only publisher I need to contact for my license? If we are the only publisher of the song, then to license the song (not the master recording) we will be the only people you need to contact. However, some songs have multiple publishers. If there is more than one publisher for the song you are interested in using, you must contact each publisher and request a quote from them. Publishing information can be found at: http://www.ascap.com/ace/search.cfm or http://www.bmi.com/search -------------------------------------------------------------------------------- Do I need a license for clips of a song that are 30 seconds or shorter? Yes. Any use of music requires a license, regardless of timing. I want to use one of your songs but I have changed the lyrics and would like to use my new lyrics. Do I need a license for that? Yes. Any lyric change requires publisher/writer approval and may or may not be approved, depending upon the nature of the changed lyrics. Why do you want a plot synopsis of my project? We require this information for several reasons. First and foremost, we represent composers, whose songs are their artistic creation. It is very important that we and our composers understand exactly what type of production our music is associated with. Secondly, the plot and the manner is which a song is tied into it, is another factor in determining the appropriate fee for a song use. Why do you want a description of the scene in which the song will be used? Again,we require this information for several reasons. First, as above, we and our writers want to ensure that our compositions are not used in any manner that may be objectionable. A publisher/writer may deny permission to use a song, if the intended use is deemed inappropriate. Secondly, the manner in which a song is used plays a large role in determining the appropriate fee for that use. A “visual vocal” use in which someone is singing a song on camera, merits a higher fee than say, incidental background music playing softly behind a scene. Also, the “fit” of the song in the scene is a major factor in determining fees. If the song’s lyrics tie in perfectly to a scene, the use of that song in that particular seen is more valuable than other music, which may be chosen simple for the sound or “feel” of the music within the scene. How long should I expect the licensing process to take? We will do our best to address your request as quickly as possible. Please understand that we receive many requests every day and work is involved in processing each one of those requests. Most uses require the approval our songwriters or their representatives, many of whom have extremely busy schedules. Please allow at least two weeks before expecting to receive a quote. I need a license by tomorrow, can you help me? We will do our best to address your request as quickly as possible, but it is unlikely that we will be able to respond within a day, due to the volume of requests we receive and the time and research necessary to process those requests. Can my request be denied? Yes, a publisher or songwriter has complete discretion over whether or not their song may be used. |
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