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1. U.S. C

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If the work is registered with the U.S. Copyright Office, you can search for the current holder of the copyright. A search can be made online by going to www.copyright.gov/records/cohm.html, where you can search by the author or title of books, music, or other registered works.

2. P

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Three performing rights organizations provide information regard- ing songs, composers, and their respective publishers: American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and Society of Stage Authors and Composers (SESAC). All three organizations have websites that facilitate artist and repertoire searches. Advance searches might include the artist, title, composer, or publisher. Most of the important information

can be obtained online; however, some listings are more compli- cated and may require direct assistance. A direct number for each of the performing rights organizations is provided below for more complicated inquiries:

http://www.bmi.com/search/ 212-830-8362 http://www.ascap.com/ace/search 212-621-6160 http://sesac.com/repertory 212-586-3450

The following is a list of performing rights organizations that can help with a publisher search:

• Always read the terms and conditions. The phrases “Not avail- able for commercial use,” “For personal use only,” or “For pri- vate use only” are frequently placed on promotional and con- sumer releases, allowing for private use with limited audiences. “May be used but must be credited” is a condition found on sample and SFX libraries and is intended to credit the creators and promote the product.

• Identify the owner. There is a difference between an author and a copyright holder. Many authors sell or transfer their copy- right ownership. The copyright notice lists the initial copyright holder.

• Identify your specific needs. The three global parameters of usage to consider are (1) exclusivity/nonexclusivity, (2) term of usage, and (3) territory where work will be presented. Depending on the type of use, it will be necessary to request any or all of the following:

• Synchronization license (right to sync a composition to an animation)

• Master license (right to sync an existing sound recording to an animation)

• Mechanical license (right to produce and sell copies of the sound track only)

• Videogram license (right to produce and sell a DVD with both image and sound track)

• Complete all paperwork in a timely manner, so the project does not get held up due to clearance delays. If music is needed as a prescore, failure to obtain a license can hold up the entire project. • Negotiate a fee structure and payment schedule. Music publish- ers are business agents for the songwriter or the company’s col- lection. They survive on the revenue that their libraries produce. Fees are based on the global aspects defined earlier as well as popularity and length of the cut requested. Music supervisors and arts lawyers are often very skilled at negotiation.

• Formalize the process through documentation. Get everything in writing.

I. Synchronization License

A synchronization license grants the production company permis- sion to synchronize and exhibit a musical composition on its proj- ect. A license to synchronize is granted at the discretion of the copy- right owner, who is typically the composer or publisher. Permission may be denied for any reason. When seeking synchronization or master rights, it is extremely important to clearly define the limits of what you are asking. Because it is likely that you will pay for the rights, there is no use paying for more than you need, especially if you keep the door open for renegotiations. In addition, copyright holders are generally more willing to grant licenses to those whom they believe understand and respect the process. The following are basic guidelines when requesting a quote for synchronization or master rights. Remember, the goal is to facilitate the deal with min- imal expense to the production. Some composers will give permis- sion to synchronize for free if you promise to report to BMI/ASCAP. Designing Sound for Animation

• Do your research. Synchronization rights are usually held by the publisher. The publisher is often listed on the sleeve of the disc. In some cases, the performance right (BMI, ASCAP) notice is all that is provided. In either case, you can contact BMI or ASCAP to ask their research departments to locate contact infor- mation relating to the publisher. It is important to obtain the specific name and title of the person who administers the license. Some larger companies have a director of licensing who specifically handles requests. It is a good idea to complete a writ- ten quote request prior to calling so you will be prepared to answer all pertinent questions quickly and accurately.

• Define the territory (e.g., local, regional, national, worldwide, national television, national cable, Internet, film festival). Decide ahead of time what festivals you will be sending your work to and limit the territory to those festival sites. For example, if the anima- tion will be submitted to festivals in the United States only, limit the territory to the United States. Remember, this point can be renegotiated at a later time to encompass a larger territory. If you plan to submit the project worldwide, you should state that. Overexposure of a piece of music can cause its value to go down. • Estimate the amount of time your animation will be on the festi-

val circuit. If you are a student, then your participation in stu- dent films typically is limited to 12 months after your graduation date. If you want to have the rights to use the piece forever, you should request “perpetuity for the term.” Remember, the greater the request, the more you can expect to pay and the greater the chance your request will be rejected.

• Clearly define the nature of use (e.g., nonbroadcast, broadcast, student festival, for distribution or sale). This information should include the amount of the material to be used (expressed in exact time), where it will be placed in the animation, and the purpose for using it (e.g., narrative lyric quality, emotional amplification, or establishing a time period or location). Some copyright holders will charge less if the music is placed in the

background. Make your request clear, so the copyright owner will have sufficient information with which to make a decision. • Include production information, especially if there is positive name recognition. For example, a short film featuring Harvey Keitel may make the copyright holder want to be associated with the film. Of course, this could easily go both ways.

• Clearly articulate the plot or themes of the animation. Synchronization licenses are granted or denied on the basis of financial, artistic, and public image issues. Copyright law pro- tects the holder from unwanted association by granting him or her this right to deny use of the piece. It is a good idea to send the copyright holder a copy of the film, assuming the piece is not needed as prescore, in which case writing a short synopsis of the film would be necessary.

• When stating the budget for the project, clarify whether the pub- lished figure is for the production as a whole or for the music only. The distribution of money varies greatly from project to project. A good starting figure might represent 10% of the total film budget. • Consider these requests as formal documents read by lawyers and

other trained arts management personnel. Use formal language, and proof the final draft for potential errors. Phrase all commu- nication in such a way that places you in the best position to negotiate. Remember, the law demands precision.