Your Composer Fees - Free, Frugal, Fine, or Fu%^ed!

To My Fellow Composers:

If you are at all like me, creating music is the breath of life bordering on obsession.

In order to build a career, you've spent a lifetime studying your craft, paid a fortune on college fees, lessons, seminars, gear....

You'd work for free just for the chance to create.   One might imagine an addiction to cocaine would have made more financial sense.

And then it happens: you land a gig where someone is actually offering you money to create music.

At this point you have to figure out how to price your music, a process I affectionally refer to as deciding if your are going to be "Free, Frugal, Fine or Fu%^!"

Let's start with "Fine:"

When I landed one of my first gigs writing music for a network sit-com, I learned that I had been chosen when one of the competing composers called to congratulate me on my good fortune.   At the time this composer had more shows on the air than anyone in the history of television and I had lost out to him on dozens of occasions, and I had expected I would again.  Happily, I was wrong.

I found it a bit odd that he had found out about the gig before I did, but I took that in stride.  He was famous.  I was just getting started.

The composer then proceeded to tell me exactly his deal for such a show saying,

"This is what I would have charged.  This is what they can afford and what is fair per episode.  I also get half the publishing royalties.  Don't let them low-ball you and give you less. 

"They hired you because they felt your music would work better than mine.  They are not hiring you because they think you'll work cheaper than me - it's not about the money. 

"And remember, the moment 'the powers that be' think they can get great music for cheap, we're all Fu%^ed!"

I went into the negotiation with this information, and I was indeed "Fine."

Free or Frugal:

There's a big difference between working for free or for less than you want, and getting Fu%^ed!

Your music has real and tangible value and you need to demand fair compensation for it.  Still, there might be times when it makes sense to give your music away for free if there is some sort of alternative compensation in the offing.

When you approach such opportunities, you need to understand all the parameters of the gig and the alternative opportunities for monetization of your music. Then you can make an informed decision as to the value of the project as it relates to your time.  Maybe it's a high profile gig that will enhance your value as a composer?  Maybe it's a style of music you need for your reel?  Maybe there's a valuable collaboration?

Just don't let yourself be Fu%^ed!   Here's where the difference lies:

Whenever I am working for less than my real value, I never give away the copyright nor publishing to my music.  I own it and exploit it in other markets.  

Here's how I demand to keep my ownership:

I was asked to write the music for a low budget indie film.  I liked the film and felt it had a chance at getting some real distribution, but as it is in most of these cases, the music budget was appalling.  I insisted on a small orchestra, which completely ate the budget.  I may have even kicked in a bit of money.  One might think I was being Fu%^ed.  This was not the case.

The deal I made:  

In exchange for working below my rate, I retained all the rights to the music.   Working below my rate only made sense because at the time I was supplying music for many, many film trailers.  I understood the value of that alternative monetization.  I also knew that a single license for a trailer would pay more than the entire music budget for the film.

At first the client balked.  "What do you mean, I won't own the music in my film?  I have to own the music!  I won't be able to distribute the film without owning the music."

To which I explained:

"First, we treat the music composed for the film, like any song you might license, as if it existed before the film.  Then, with a proper Sync and Master License, you'll have all the rights needed to distribute the music with film.   You know filmmakers license existing songs for films all the time and it doesn't hinder the film's distribution, right?

This can be a win/win situation.  You get great music for your film, performed by a real orchestra at a budget you can afford, and I get to monetize the music in other projects to make up for the lack of budget."

Then there's the kicker - a dose of reality to the filmmaker.

 "As much as I want to work with you on the film, you really can't expect me to spend six weeks (or more) writing and producing 60 minutes of music (or more), and pay me less then my music gets for a single license for 30 seconds in a film trailer.   That's simply not fair and I can't do it.  You have to let me make a fair return on my time and my investment in your film."

Using this method of negotiating when working on lower budget projects, I have been able to build a personal music library of over 500 cues.  To date, the music has appeared in over 140 trailers ranging from the "Harry Potter" and "Lord of the Rings" franchises, to films like "Vicky Cristina Barcelona." My library is also used extensively on TV for everything from HGTV to The X-Factor.  Because I had access to these avenues of monetization, working for these films made financial sense - as long as I owned the music.

Summary:

Each composer will face their own challenges in their career, and getting fair compensation for their work is always going to be an issue. And when you love what you do as much as we do, it's even harder to say no to an opportunity.

The key to not being "Fu%^ed," at least for me, has been my demand to own my music whenever the budgets are small. Otherwise, composing would have long ago gone from career to hobby.

Finally, for the new crew of composers entering the industry, I recall the words said to me when I landed that sit-com at the beginning of my career.

"...the moment 'the powers that be' think they can get great music for cheap, we're all Fu%^ed!"

Words to live by...

Sync and Master License for Use of Music in a Film Demystified (kind of)

I am not a lawyer.  I have no right to give legal advice and I am not doing that now.  That's my disclaimer.

Still, I have often joked, a lawyer spends just three years learning their craft before becoming a professional lawyer.  Most musicians, after only three years of study, can barely play a listenable tune, (I would have been 10 years old at the time) much less charge $100+ an hour for what they play. But I digress....

As a media composer, I have, by necessity, learned a thing or two about music law, copyright, synchronization licenses, performance royalties, trademarks, master licenses, statutory royalties, and just about everything else that has to do with the monetization of music.   When one's very survival depends on your knowledge of these things, one has a tendency to study well.   The rules are complicated and constantly changing as new delivery methods and technologies emerge.  It's maddening.

Despite all the changes in the business, here is one of the most basic questions one must be able to answer.  

"What type of agreements do you need to put in place with a production company in order to have your music included in a media project?"

Answer:

A "Synchronization License" and a "Master License. " 

For demonstration purposes only,
Download a Generic Sync and Master License

•  Synchronization License:

I define a "Synchronization License" as the right to synchronize the abstract creation that is the composition to an image.  In essence, it's kind of like Paul McCartney saying to the film company, "Here's a lead sheet to my song 'Yesterday,' including the melody and harmony, now do with it as you will to make that work with your image."

Notice, this license has nothing to do with any tangible version of the music, just the abstract intellectual property of the work.  With a sync license, you either need to create your own "Master Recording," or find a "Master Recording" that you wish to include and pay for separately.  We'll address that in a moment.

Who grants the "Synchronization License?"

If you are a filmmaker who wants to use a specific composition in your movie, 95% of the time you have to get the sync license from the publisher of the composition.  ASCAP,  BMI, and most other Performance Rights Organizations (PROs) worldwide have searchable databases that will share that contact information.

Buyer beware:  I have many times had a filmmaker say to me, "I am best friends with 'So and So' from the band 'Such and Such.'  He told me it's OK to use the song for free." I quietly nod and think, "Call me when the publisher tells you the license is going to cost $10K."

If you are the composer, upon the completion of the creation of the composition, you own the publishing rights and copyright to the intellectual property that is the composition and therefore, you grant the "Synchronization License."

Fun Fact:  As a composer, you can not grant your publishing or copyright in your music to anyone without a written contract.  Verbal agreements do not count!  If the contract is not in writing, it doesn't exist.  This protects composers from people making unjust claims against the ownership of your music.  

•  Master License

I define the "Master License" as the right to synchronize a specific "Master Recording" to an image.   

Take for example, the song "Yesterday" mentioned above.  Through the fore-mentioned "Synchronization License," the filmmaker was granted the right to take the abstract work that is the song "Yesterday," and include it in their project. 

Through the "Master License," the filmmaker is granted the right to a specific master recording of the song.

As one might imagine, there are hundreds of recordings of the song "Yesterday" and they can vary widely in price to license.  If it's the Beatles recording, the license fee can range in the millions of dollars.  If it's your neighbor's recording in their garage (unless you live next to Sir Paul) it might cost a fiver.

The filmmaker can also create their own master recording and avoid paying the "Master License" to an outside party, once they have the sync license.

Who grants the "Master License?"

The owner in the copyright in the "Master Recording" grants the "Master License."  Usually this is whomever paid for the recording. 

If the composition appeared on a released CD, usually the master is owned by the record company. Sometimes, the master is also owned by the publisher.  If you are the composer and the recording was created in your home studio, you own the copyright in the master recording and grant the license.

Summary:

These are by far the most basic of descriptions of a Synchronization License and a Master License, but hopefully this will start the demystification process.  

To study more you might wish to Download a Generic Sync and Master License.

Finally, if you are an aspiring media composer interested in learning more about the business of music,  I recommended this book by Jeffery and Todd Brabec.  In it's seventh edition, it's doing its best to stay up to date on the shifting sands of the ever changing music landscape.

I also recommend these 4 books.

   

Like this post?  Check out my other music educational and tech posts!

Composing to picture using "Point of View"

Composing to picture using "Point of View" part 2

The Ultimate Tempo Mapping Exercise: Anuna

Recording Layered Tracks and Gain Matching

Beware of Duplicating Track Names, a Cautionary Tale

Composing Under Dialogue, the Unwritten Rules

My Download Link Doesn't Work, What Do I Do?

Creating a Click Track

Production Companies Benefit When Composers Keep their Royalties

A recent Facebook post by a young colleague asking for assistance in dealing with a documentary producer has led me to repost this letter that I used to share with all my UCLA students.  I invited my students to use this letter freely, whenever they confronted the same challenge.

Here's the situation:

Music rights are complicated and unless you live in that world, the details might get lost. People misunderstand terms and are frightened by the unknown.

Because of this, a producer makes an unreasonable demand: that the composer needs to give up his writer's/publisher's share of performance royalty income.  In this instance, the producer believes that this is needed in order to free the film or game from any legal encumbrances that might stop the film from being sold.  Nothing could be further from the truth and the letter explains this.

For the sake of this letter, we'll also assume the fee is substantial enough for the production company to ask for some or all of the publishing - I'll post another blog about what to do when the fees are not really reflective of the work.

Here's the letter:

Dear Producer who wants a “Buyout”

I want to thank you for being open on this subject and for the offer to pass the following information on to your legal advisors for review.  The copyright law as it relates to music is indeed complicated, but with a little understanding, we can all benefit from the systems that have been in place since the late 1800s to protect composer's rights as well as those who want to employ composers.

The basics:

Yes, you can employ me as a “Work for Hire” and include that language in our contract. And yes, in this case, the copyright, publishing, and control of the music is granted to your production company. This is often the standard under which composers work.

But “Performance Royalties” are a different matter as is the income stream associated with them.  

They are separate from the ownership and copyright, and it is actually in the best interest of your production company to make certain that I, as the composer, be granted all my rights and royalties in this regard.  

This is why Disney, Universal, Columbia Tri-Star, Miramax, and the myriad of other companies I have worked for have always granted these rights to me.  They know it's in their best interest and here’s why:

1. ”Performance Royalties” are paid by broadcasters, not your production company.  There is no negative impact on your production company.

Broadcasters and other entities that “perform music in public” already have deals in place that pay “performance royalties” to the world's "Performance Rights Organizations" (PROs). This fee is called a “Blanket License.”   

When the Broadcasters and others pay this fee, they have the right to broadcast/perform any music that is assigned to these respective PROs.

Then, after the performance or broadcast, the worldwide PROs divide the blanket license fees they have collected according to what music was performed, as cataloged in a document called a "cue sheet."  I'll be supplying this "cue sheet" at the end of the project, and you will learn that upon distribution of your film, an accurate cue sheet will be a required deliverable along with your master video.

This is where the production company might benefit.   

For every dollar the PROs distribute, 50% goes to me as the composer of the music and 50% will go to the publisher of the music.  Since your production company has paid me a premium fee for my work, your production company will be entitled to some, if not all of this publisher's share of royalty income.  

That said, no matter what the fee, in no case is the production company entitled to "the writer's share" and in fact, it is detrimental to the production company to limit my ability to collect this royalty.  Let me explain further.

2.  The “writers share” of the performance royalty will only be paid to the writer.  This is separate from the “Authorship” owned or controlled by the production company under the “work for hire” agreement.

As a matter of fact, both ASCAP and BMI state clearly on their websites and in their literature that under no circumstance will the writer's share of performance royalties be paid to the employer or any other entity other than the composer.  

If we follow your request that I forfeit my composer's share, the money that I should have collected is simply re-distributed to other composers.  The production company and publisher see no benefit to this, and as I will show, it actually adversely effects the production company and their ability to collect their share of any royalties.

3.  If a cue sheet is filed where no recognized writer is listed as the composer, or if a production company’s name is listed under “composer,” it will adversely effect the production company’s ability to collect their publisher’s share of the royalties – especially in foreign territories.

Yes, it is true that if a cue sheet is filed without an affiliated composer listed, the publisher will still get their 50% share of the domestic performance royalty income, but that is only in the USA.

Most foreign publishing rights societies will not pay the publisher unless a recognized composer is listed on the cue sheet!  

And foreign performance royalties, over the life of a film, can be 10-100 times the domestic royalty!

So, in summary, by allowing me to file cue sheets that accurately list me as the composer of the music, we all benefit from the royalty streams and ensure that income from around the world.

I know this is a lot of information for a brief e-mail.  Please feel free to contact me if you have any questions about the details.  I am certain we can work out an arrangement to our mutual benefit.

Respectfully,


Composer

I hope this letter is of help to my colleagues and it is my pleasure to share it here.

Craig Stuart Garfinkle

Four must have books for the aspiring media composer!
   

Like this post?  Check out my other music tech posts!

Composing to picture using "Point of View"

Composing to picture using "Point of View" part 2

The Ultimate Tempo Mapping Exercise: Anuna

Recording Layered Tracks and Gain Matching

Beware of Duplicating Track Names, a Cautionary Tale

Composing Under Dialogue, the Unwritten Rules

My Download Link Doesn't Work, What Do I Do?

Creating a Click Track

Four Must Have Books for the Aspiring Media Composer

In my masterclass yesterday at IMRO in Dublin, I was asked which books I would recommend for the aspiring media composer.  In the lecture, I mentioned these four great books:

This is the first (in no particular order), Richard Bellis's The Emerging Film Composer.

Next, is Andy Hill's Scoring the Screen: The Secret Language of Film Music.

Then there is Guerrilla Film Scoring by Jeremy Borum.

Finally, there's On the Track by Fred Karlin. Fred was my teacher when I was in the ASCAP workshop a few years ago (OK, more than just a few).

Like this post?  Check out my other music tech posts!

Composing to picture using "Point of View"

Composing to picture using "Point of View" part 2

The Ultimate Tempo Mapping Exercise: Anuna

Recording Layered Tracks and Gain Matching

Beware of Duplicating Track Names, a Cautionary Tale

Composing Under Dialogue, the Unwritten Rules

My Download Link Doesn't Work, What Do I Do?

Creating a Click Track

Production Companies Benefit When Composers Keep Their Royalties

The Joys of Christmas - Something for the Holiday!

In my career, I've created a handful of comedic Christmas celebrations in music and film.

I do love the season, but I just can't help being amused by the dichotomy of the Christmas celebrations of love and kindness (which even as a jew, married to a Catholic, I completely appreciate) and how much stress people feel trying to create the perfect Christmas, find the perfect gifts, etc.

With this in mind, here are three little projects to put you into the Christmas spirit.

The Donald Trumps Christmas

Psycho Bells

Christmas with my Shiksa

Did you miss our Celtic Link Kickstarter?

Did you miss our Kickstarter, 

Eimear Noone presents: "The Celtic Link,"

Themes from The Legend of Zelda?

Read below to preview excerpts 

and to join our "Post Kickstarter" to get

all the bonus material and videos!

The CD is also now on Amazon!

To get a taste of what we have created, here are some examples from the finished CD.

Zelda's Lullaby

The Windwaker Theme

Song of Storms

Musical Montage from the CD

The Celtic Link Orchestral Fantasy, With Score

When you join our Post-Kickstarter, in addition to the CD download you get:

• All the bonus tracks, rough mixes, and alt versions to the songs on "The Celtic Link" CD.
• Two excerpts from the VGL Level 5 Documentary
• Three CDs worth of additional scores by Craig Stuart Garfinkle and Eimear Noone, including music from our other game and film scores - most unavailable anywhere else!
• Be the first to see the music videos we are creating for the CD
• And much, much more.  We want to make sure our backers have priority access to all we do!

We were honored that so many of you supported our successful Kickstarter campaign to create unique "Traditional Irish" versions of the themes from "The Legend of Zelda," featuring members of the brilliant DIT Irish Traditional Music Ensemble.

The CD is complete and will soon be released world-wide, but in the meantime, we have been inundated by fans who want to get all the special updates, rough mixes, and more, but missed the actual Kickstarter.

Only those who joined the Kickstarter can get the physical copies of the special Kickstarter version of the CD, but we are offering a limited number of digital copies, including all the bonuses, for those who join our "Post Kickstarter."

And here is our original Kickstarter video:

Preview at Amazon

Order Your Digital Copy Now!

Tracks on the CD:

1.  The Windwaker Theme

2.  Kaepora Gaebora

3.  Zelda's Lullaby

4.  Aryll's Theme

5.  Song of Storms

6.  Clocktown

7.  Temple of Time

8.  Deku Palace

9.  Saria's Song

10.  Kakariko Village

11. Illia's Theme

12.  The Great Fairy Fountain

13.  The Zelda Orchestral Fantasy

*not affiliated with Nintendo.

iDIG 2016, Schedule of Events for Day 2 (of 3), April 30, RDS Auditorium

The Second Annual Dublin International Game Music Festival

Schedule of Events for Day Two (of three): April 30, 2016

At the RDS Auditorium
(subject to minor changes - as of 4/2/16)

8:00 AM RDS center opens to iDIG Staff for pre show setup.

9:00 AM  General admission doors open for first event.

9:00 AM (and all day), Expo Space, Artists Alley

As it was in day one:  We'll have a wonderful collection of game artists showing off their creations.  If you want to exhibit, contact zeldaconductor@gmail.com.

Daxter, by Ciaran Byrne

Iron Man, Meghan Stapleton

9:00 AM (and all day), Expo Space - IMIRT

The association of indie Irish game developers will have demos running of their new games. Get sneak peeks at these works in progress.

Danny Moffit's "Floaty Ball!

Ian Munt's Gobblin's Grotto

9:00 AM (and all day), Expo Space - GAME JAM!

Hosted by our Irish Game Developers, watch as they build games in real time!

9:30 -11:00 AM, RDS Auditorium, conducting seminar featuring Eimear Noone

About Eimear Noone: 

Eimear's iDIG 2015 Seminar

Eimear Noone is an award winning Irish composer and conductor, resident in Malibu California, who splits her time between composing for video games, feature films, TV, commercials, and conducting classical and game music concerts.  

Eimear composed and conducted for the iconic video game, "World of Warcraft" and the recent expansion, "Warlords of Draenor." The score for "WoD" received the 2014 "Hollywood Music in Media Award" for "Best Video Game Score" and was nominated for 5 "Annual Game Music Awards," and “The 2015 ASCAP, Composer’s Choice Award.”

Arguably the world's current premier conductor of video game scores (both in the studio and in the concert hall), her credits include the most respected in the genre.  In addition to "World of WarCraft," her credits include "Heroes of The Storm,'" "StarCraft II," "Diablo III." "Reaper of Souls," "Hearthstone," "Overwatch," and many more.  "Diablo III," as one example, smashed the record in game sales by selling over 3.5 million copies in the first 24 hours alone. It also won the 2012 GDC award for best audio - which includes the award for music, the 2012 Hollywood Music in Media Award for Best Original Score, and a 2013 BAFTA Nomination for Original Score.

This playlist exemplifies just a few of her performances as conductor for Blizzard Games.

In this seminar Eimear will discuss everything from the basics of conducting, beat patterns, and share her secrets about efficient stage and studio performance.

11:00 - 11:30, Planned Expo Break

11:30 - 1:00 RDS Auditorium, The European Premier of "Beep"

Beep is a documentary history of game sound from the Victorian arcades through to today, with a special focus on video game sound, but also including mechanical games and pinball. Beep is a feature-length film, a series of webisodes and DVD extras, a book, and a collection of resources here on this website. Beep began with a Kickstarter campaign in August/September 2014, and began filming in October 2014. Beep the film and book are scheduled for release in spring 2016. 

1:00 PM - 2:00 PM Lunch and Expo Time

Be sure to explore the Artists Alley, Game Booths, and more!

2:00 PM - 2:50 PM, RDS Auditorium The Spooney Bards, Straight from Belfast, they return to iDIG to bring their rock twist to your favorite game scores.  

3:00 - 3:30 Auditorium, Meet Terran Gregory

We are pleased to welcome this special guest to the 2016 Dublin International Game Music Festival, award winning director for Blizzard Games, Terran Gregory.

Terran is a Project Director in Blizzard Entertainment’s Cinematics division, where he has been working on creating cutscenes, trailers, short films, and other visual media since joining the company in 2006. Terran creatively leads the World of Warcraft In-Game Cinematics team, which lets him pursue his two greatest passions: Filmmaking and Video games. Terran is eternally humbled and excited for every opportunity he gets to collaborate with the incredibly talented musicians of Blizzard Entertainment.

Terran will discuss his unique journey into the world of video games and share some of his most famous, stunning productions.

3:30 - 4:30 PM,  The Composer and Director Relationship featuring Blizzard Composer Neal Acree and Director Terran Gregory, Moderated by Eimear Noone

Neal Acree, Photo by Fran Marshall

We are doubly blessed at iDIG 2016 to have this multiple award winning pair to discuss their many collaborations.  Don't miss this rare opportunity to get a peek behind the scenes of how the images and music get put together.

4:30 - 5:00 RDS Auditorium, JJ McNamara Returns!

JJ McNamara, classical piano genius and avid game fan performs his version of his favorite game themes.  Since performing at iDIG 2015, he has earned countless awards and won even more piano competitions.  We are so pleased to have him return!

Here's JJ performing "Tetris" as Franz Liszt

5:00 - 6:00 PM, RDS Auditorium, Classroom Battles

Classroom Battles Go Sonic!  A crowd favorite from 2015, they return with a vengeance to iDIG 2016 with there spin on the music from Sonic!

6:00 - 7:00 PM RDS Auditorium

The Triforce Quartet.  Straight from sold out performances at PAX, VGL and the MAG Fest, returns to iDIG to  put their unique stamp on game music!

Hear the Triforce Quartet play the Legend of Zelda Theme

Tickets and more info about The 2016 Dublin International Game Music Festival:  

http://www.idigmusicfest.com