This is an update to this thread on music copyrights - my test was asking permission to use the Celine Dion recording of "Because You Loved Me" in a wedding video for a client.
A quick recap - to use any song from a commercial cd in your video you need a synchronization license and a master use license. The sync license comes from the publishers (usually the songwriter(s) or their respective publishing companies). That is the license to use any version of the song. The master use license is to use a particular recording that exists in a physical form - a CD for all intents and purposes.
Using ASCAP's search service, available here I found that "BYLM" was written by Diane Warren. However, there were two publishing companies listed, as shown below:
REALSONGS
ATT: DIANE WARREN
6363 SUNSET BLVD
SUITE 810
HOLLYWOOD , CA, 90028
Tel. (323) 462-1709
TOUCHSTONE PICTURES MUSIC AND
SONGS INC
ATTN: SUSAN BORGESON/ MUSIC PUBL
500 SO BUENA VISTA
BURBANK , CA, 91521
Tel. (818) 569-3223
I needed to get permission, or sync licenses, from both companies. If there was only one writer, why two publishing companies? One of the companies is Touchstone Pictures, and "BYLM" was the theme song for the movie "Up Close and Personal". I wondered if a deal had been cut to share the publishing in order to get the song in the movie...but that is purely my speculation.
Instead of using the phone or mail, I decided to try the Internet. Sure enough, www.realsongs.com is the official website for Diane Warren. As you can tell by a quick perusal of her site Ms. Warren is a very prolific, very successful songwriter. There is a link on the site for licensing, with an email contact. I figured this contact information was more up to date than what is listed on ASCAP's search service.
I sent an email to Diane Warren's licensing representative, Linda Gallico, and requested a sync license. In about an hour, I had a reply from Ms. Gallico granting permission to use the song at no charge; the text of her email follows:
================
The requested use for "Because You Loved Me" in this wedding video as
outlined in your email is approved on behalf of Realsongs' 90% share as far
as the sync rights are concerned. You will have to get the other publisher's
permission for their 10%. You need to contact Nathan Whitehouse at Disney
Music Publishing. His fax number is 818-845-9705. We as the publishers can
not grant a master use. Only the record label can do that. Please contact
Sony Music in New York. This permission is granted only for this use and any
other use will be considered a copyright infringement.
================
Very nice! Notice that Touchstone only has a 10% interest in the song - remember, 10% of a hit song is still a LOT of money - and again makes me wonder if a deal was cut for publishing to get the song in a movie....again, can't stress enough that this is my speculation only.
So..one down, two to go. I fax Nathan with the same request, and find Sony's website with an email contact for master licensing, and begin to wait.
Two days later I have a fax back from Nathan, also granting permission, with an interesting note - "MFN with co-publisher". I had never heard of that before. Turns out it stands for "Most Favored Nations" and means that, if any of the other license holders get a better rate than what he has agreed to, he must automatically be bumped up to that higher rate. More info on MFN and all things related to copyrights and licensing can be found at MusicBridge .
Luckily for me, Realsongs and Touchstone have both granted permission at no charge.
August 6 - sent a second email to Sony asking for permission, have never heard anything from them...and they are the ones holding the master use license for the CD I want to use. Bummer. I will try the mail and phoning if a number is available....
- David