How to License Music for a Film or Documentary
To license music for a film or documentary, you need two rights for each track: a sync licence for the song and a master licence for the recording. You agree how the film will be shown, where and for how long, then get it all in writing before the film screens. Many independent films start with cheaper festival rights and pay for wider rights once a distributor comes on board.
I'm a composer, and I license my catalogue to filmmakers and write scores to picture. This guide covers what I wish every first-time producer knew: the rights you need, festival and broadcast deals, step deals, cue sheets and stems. It also explains how working directly with a composer can make the whole thing simpler.
What rights do you need to license music for a film?
You need a sync licence and a master licence for every piece of recorded music in the film. Film Independent's guide to music licensing puts it plainly: "there are two rights to every song".
The sync licence
The sync licence covers the composition, meaning the melody, chords and lyrics. It comes from the songwriter or their publisher. Film Independent notes that "in almost all cases, a sync agreement is required in order to use a song in a film."
The master licence
The master licence covers the actual recording. It comes from whoever owns that recording, often a record label. Even old classical music can need one. The composition may be out of copyright, but a particular performance of it can still be protected.
When the composer owns both
If one composer wrote and recorded a track, you can often get both rights in one licence from one person. That's a big part of why independent filmmakers work with composers directly. There are fewer people to chase and fewer forms to sign.
Festival rights vs broadcast and distribution rights
Festival rights let you show the film at festivals only. Broadcast and distribution rights let you show it on TV, streaming services, in cinemas and online. Festival rights cost much less, so many films start there.
Festival licences
A festival licence usually covers festival screenings for a set period, often one to two years from the first screening. That's according to David G. Powell, writing for the International Documentary Association. He adds that festivals "increasingly require proof of film festival music licenses" when you apply. So don't leave this until the week of the deadline.
Broadcast, streaming and all media
When a distributor or broadcaster picks up the film, you need rights for how they'll release it. That might be TV, streaming, cinema, home video or all of them. The widest deal covers "all media now known or hereafter devised, worldwide, in perpetuity", as Powell describes it in another IDA article on licensing strategy. He also notes that few filmmakers can afford that up front.
Media, territory and term
Every film licence sets out three limits:
- Media: how the film is shown, such as festivals, TV, streaming, cinema or online.
- Territory: where in the world it can be shown.
- Term: how long the licence lasts.
Trailers and clips posted online count too. Powell points out that online posting "is a type of media usage that needs to be licensed prior to posting".
What are step deals and options?
A step deal lets you pay a lower fee now and agreed extra fees later, when the film reaches certain points. An option lets you lock in the price of wider rights now, and only pay for them if you need them.
Step deals
In a step deal, the filmmaker "trades off a lower initial fee in return for later payments when certain media and/or sales plateaus are commercially realized", according to the IDA. Those steps might be a first TV broadcast, a streaming deal or a box office milestone. Not every rights owner will agree to one, because it means tracking and chasing payments later.
Options on festival licences
Film Independent describes clearing festival rights now and adding "an option to get all media rights up to two years later". The price for the wider rights is agreed in the festival licence. Watch the deadline, though. The IDA notes that options usually need to be taken up before the festival term ends.
Why this matters to distributors
Some distributors want all music rights cleared before they'll sign. Others want you to handle any step payments yourself. Either way, clear and complete paperwork makes your film easier to sell.
Music clearance and E&O insurance
Errors and omissions (E&O) insurance protects a film against claims such as using material without permission. An IDA guide to E&O says it "is a requirement for distribution deals with studios, television, cable networks." It lists a missing music release as an example of a claim.
The same guide says that rights "must be obtained from the composer and/or performers of specially commissioned music." So even music written for your film needs a proper agreement. Keep every signed licence in one folder. Your insurer and distributor will both ask for it.
Cue sheets: what they are and who fills them in
A cue sheet is a list of all the music in your film. BMI calls it "an official log of all the music used in a production". Collection societies use it to pay writers and publishers when the film is shown.
A cue sheet usually lists:
- The film title and production company.
- Each cue's title, composer and publisher.
- Each writer's collection society.
- How long each cue plays and how it's used, such as background or featured.
PRS for Music's guide says broadcasters supply most cue sheets in the UK, and that accuracy matters so rights holders are paid in full. As the producer, you'll usually prepare it from your final cut. Ask each composer for their writer and publisher details when you license the track. It saves a scramble at delivery.
Why stems and alternate versions help in the edit
Stems are the separate parts of a track, such as drums, bass, pads and melody. They give your editor and mixer control. You can drop the drums under an interview, or keep just the pads under a quiet scene.
Ask for stems and shorter edits when you license each track. Some owners include them. Others charge extra or don't have them. Broadcasters may also ask for a music and effects mix for international versions, so stems can save you a lot of time later.
Working directly with a composer
When you work with the composer, you deal with the person who wrote and produced the music. You get one contact, often one licence for both rights, and someone who can make changes. That might be a new edit, a stem or a version that lands on a cut.
There are two ways to do it:
- License existing tracks. Pick finished music from the composer's catalogue and agree the rights you need. My publishing catalogue is a good example, with tracks across ambient, downtempo, electronic and more.
- Commission a score. The composer writes to your picture. Agree ownership, media, territory and term in the contract, plus how many rounds of changes are included.
If you're also cutting trailers or promos, my music for advertising page covers licensing for those, with multiple lengths and stems available.
How to license music for your film, step by step
- Spot the film. List every cue, where it sits and how long it plays.
- Decide the rights. Festival only for now, or broadcast and all media?
- Find the owners. Work out who controls each song and recording.
- Ask for quotes. Send the use, length, media, territory and term. Ask about options for wider rights.
- Sign the licences. Get every agreement in writing before the film screens.
- Collect files and details. Full-quality files, stems, and writer and publisher details for the cue sheet.
- Prepare the cue sheet. Build it from the locked cut and keep it with your licences.
FAQs
Do I need a licence to use music in a festival film?
Yes. Rights owners treat festival screenings as a use that needs permission, and many festivals ask for proof of music licences. Festival licences are usually the cheapest way to start.
What is the difference between festival rights and all media rights?
Festival rights cover festival screenings only, for a set period. All media rights cover every way the film might be shown, such as TV, streaming and cinema. All media costs much more, so many filmmakers add an option to upgrade later.
Who prepares the cue sheet for a film?
Usually the production company. It's built from the final cut and lists each cue with its writers, publishers and timings. Broadcasters and collection societies use it to pay royalties.
Can a composer license both the song and the recording?
Yes, if they wrote the music and own the recording. Then one licence can cover both sync and master rights. Always ask, because it saves time and paperwork.
Should I commission a score or license existing music?
License existing music when you've found tracks that work and want to move fast. Commission a score when the music needs to follow the story closely. Many films use a mix of both.
This is guidance, not legal advice. For a distribution deal, have an entertainment lawyer check your music licences.