BFI NETWORK South West interviewed Performing Rights Society (PRS) representatives David Newton and Kerryn Hill to help demystify the process of licensing music for film. David is a Media Member Account Manager, ensuring that media writers and publishers receive and maximise the royalties they should be getting, and Kerryn is a Licensing Manager, dealing with inbound queries about sync licensing (for both commercial sync and library music).
What does the PRS do in a nutshell?
The PRS covers the licensing of music-users in the UK. They collect payments from music performed in public, for example on a BBC show, and pass that on to their members. They also deal with mechanical rights and other forms of copyright where music is used on an internet streaming service, like internet radio for example.
Do you have any advice for filmmakers looking to clear music with the PRS?
Come to us first! I mean, we’ve got a dedicated team that basically handles many of these requests daily. I think one of the main difficulties for somebody who is starting out would be trying to find who the artist or producer is and how to contact them. At least in the first instance, we can assist with that. It might even be something in which we have the mandate to act as that licensor and be able to negotiate the rates for that synchronisation. If not, we can definitely point you in the right direction.
I think the main thing is to be really clear about the budget and be conscious of the fact that you’re effectively looking at two aspects of that, or what are known in the industry as ‘sides’. You’ve got your publishing side, which we would be able to handle, but then you’ve also got your sound recording side. If we think about an Elvis song, for example, there could be a different writer involved in the work and publishers concerning those parties. In addition, you’ll probably have a sound recording or people who are performing on the work, and they would have their own representation. A filmmaker can end up blowing their budget because they’ve negotiated fees for just the publishing, without realising that they also need to include sound recording (or vice versa).
How does costing work, are there standard fees?
We have dedicated rates, not only for film, but also film trailers, in addition to a whole raft of rates concerning advertising and online content etc. It’s easily accessible via our website and licenses can be applied for and paid for online. You can easily build up a quote and get your license the same day that payment is received.
Does a license cover festivals and trailers?
We have a dedicated rate for film festivals but there is a limitation through its usage. If a project does go on to get a wider release (whether theatrical or purely online), then it would need additional licensing. We effectively charge for trailers based on two variables, one being the budget of the film in question and the other being the territory and manner in which the trailer will be presented. For example, we might need to know if the music is going to be used for an online-only trailer or if it’s to be considered ‘all-media’? It could be required for all-media but just for the UK market or perhaps it could require a Worldwide license or even Worldwide minus US, etc.
How long does the process of licensing music take?
One thing that’s a real consideration is the speed in which clearances need to be obtained. Having all questions answered in the first correspondence helps all parties – meaning the answers can get out to you quicker. Rushing it during post-production stage to meet a deadline can be a real problem! Production music is instant so long as you’ve got the rate and you know what work you want, whereas commercial sync can be a little more difficult as it’s a negotiation that can take time.
Do you have any advice on navigating music libraries, and can you recommend any?
You can access libraries directly through the PRS music website, which is probably the easiest way of finding them. Below are some useful links concerning the benefits of using MCPS Production Music, as well as a list of the libraries we represent:
https://www.prsformusic.com/licences/using-production-music
https://www.prsformusic.com/licences/using-production-music/about-production-music
For more information please contact PRS for Music synclicensing@prsformusic.com. We have a dedicated team that can assist with most, if not all, aspects regarding getting the necessary clearances for films and any related trailers/promotions.
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