THE VOICE OVER AND ITS USE IN FILM (In the Entertainment industry.)

Voice Over / Photo Credit: Acting Plan

THE VOICE OVER AND ITS USE IN FILM (In the Entertainment industry.)         

Bruce Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

The Voice Over and Its Use in Film.

Voice-over (also known as off-camera or off-stage commentary) is a production technique where a voice—that is not part of the narrative (non-diegetic)—is used in a radio, television production, filmmaking, theatre, or other presentations. The voice over is read from a script and may be spoken by someone who appears elsewhere in the production or by a specialist voice talent. Synchronous dialogue, where the voice over is narrating the action that is taking place at the same time, remains the most common technique in voiceovers. Asynchronous, however, is also used in cinema. It is usually prerecorded and placed over the top of a film or video and commonly used in documentaries or news reports to explain information. Voiceovers are used in video games and on-hold messages, as well as for announcements and information at events and tourist destinations. It may also be read live for events such as award presentations.

Voice over is added in addition to any existing dialogue, and it is not to be confused with the process of replacing dialogue with a translated version, which is called dubbing or re-voicing.

The voice over is a film technique that is utilized in virtually every film genre. Filmmakers use voice overs to provide quick exposition, tell stories, narrate, and provide an intimate look into the mind of a character. This essay will explore how voice overs are used in the context of several films. Filmmakers are always looking to challenge the status quo and create innovative films, so it is impossible to come up with rules that are true for all movies. Nevertheless, there are certain conventions that remain fairly consistent in their usage from film to film, and I will work to explain how voice overs influence the structure and function of a film. This essay will explore how voice overs are used in nonfiction as well as fiction films, the main differences between voice overs and breaking the fourth wall, how visual aids and voice overs can be used in tandem for greater impact, and the subjective nature of a character-provided narrator. This essay will then provide arguments as to why the voice over is not a cheap, easy storytelling mechanism, but rather a significant tool that can be used to create truly great films. The voice over is not a cheap gimmick, but instead is an important tool to any filmmaker, which gives them a range of abilities in storytelling that they would not have otherwise.

Voice overs have a spotty reputation in the film criticism community because they are often used poorly and without much creative insight. The command “Show, don’t tell” is generally regarded as a worthwhile pursuit for a filmmaker. A beautifully composed sequence or a spectacular performance by a character actor should be easily interpreted by any audience. If the film is confusing to audiences because of shoddy editing or unclear narration, it is entirely on the shoulders of the filmmaker to remedy the situation.

Voice overs provide filmmakers with a range of abilities in storytelling that they otherwise would not have. The real power of a voice over is its ability to communicate directly with the audience. Because there are so few tools available to the filmmaker that allows him to speak directly to the audience, the voice over is an invaluable asset to anyone who wants to establish a direct connection with the audience. In nonfictional and fictional narrative, the voice over acts as a liaison between the action on screen and the viewer, giving the filmmaker an opportunity to directly address the viewer, bypassing the usual conventions of dialogue, staging, costume, and the like to convey a meaning. A direct link between the audience and the characters in a film brings the audience closer to the action of the story. The viewer is no longer a casual observer, but rather an active participant in the story. The use of the voice over can save valuable screen time because the filmmaker does not have to spend extra time showing the audience information, and can leave the audience to infer the real meaning. The filmmaker is able to explicitly tell the audience what they need to know in order to move the story along. When a voice over is used skillfully, it can transform from a cheap gimmick into a valuable tool.

Character Device

Characterization techniques in voiceovers are used to give personalities and voice to fictional characters. There has been some controversy with characterizing techniques in voice overs, particularly with white radio entertainers who would mimic black speech patterns. Radio made this racial mockery easier to get away with because it was a non-confrontational platform to freely express anything the broadcasters found fit. It also became the ideal medium for voice impersonations. Characterization has always been popular in culture and all forms of media. In the late 1920s radio started to stray away from reporting exclusively on musicals and sporting events, instead, radio began to create serial talk shows as well as shows with fictional storylines. The technique of characterization can be a creative outlet to expand on film and radio, but it must be done carefully.

Creative device

In film, the filmmaker places the sound of a human voice (or voices) over images shown on the screen that may or may not be related to the words that are being spoken. Consequently, voiceovers are sometimes used to create ironic counterpoint. Also, sometimes they can be random voices not directly connected to the people seen on the screen. In works of fiction, the voiceover is often by a character reflecting on his or her past, or by a person external to the story who usually has a more complete knowledge of the events in the film than the other characters.

Voiceovers are often used to create the effect of storytelling by a character/omniscient narrator. Sometimes, voice over can be used to aid continuity in edited versions of films, in order for the audience to gain a better understanding of what has gone on between scenes.

Film noir is especially associated with the voice overs technique. The golden age of first-person narration was during the 1940s. Film noir typically used male voiceover narration but there are a few rare female voice overs.

Educational or descriptive device

The voiceover has many applications in non-fiction as well. Television news is often presented as a series of video clips of newsworthy events, with voiceover by the reporters describing the significance of the scenes being presented; these are interspersed with straight video of the news anchors describing stories for which video is not shown.

Television networks such as The History Channel and the Discovery Channel make extensive use of voice overs. On NBC, the television show Starting Over used Sylvia Villagran as the voice over narrator to tell a story.

Live sports broadcasts are usually shown as extensive voice overs by sports commentators over video of the sporting event.

Game shows formerly made extensive use of voiceovers to introduce contestants and describe available or awarded prizes, but this technique has diminished as shows have moved toward predominantly cash prizes. The most prolific have included Don Pardo, Johnny Olson, John Harlan, Jay Stewart, Gene Wood and Johnny Gilbert.

Voiceover commentary by a leading critic, historian, or by the production personnel themselves is often a prominent feature of the release of feature films or documentaries on DVDs.

In radio, voice overs are an integral part of the creation of the radio program. The voice overs artist might be used to remind listeners of the station name or as characters to enhance or develop show content. During the 1980s, the British broadcasters Steve Wright and Kenny Everett used voiceover artists to create a virtual "posse" or studio crew who contributed to the programs. It is believed that this principle was in play long before that time. The American radio broadcaster Howard Stern has also used voice overs in this way.

Commercial device

The commercial use of voice overs in television advertising has been popular since the beginning of radio broadcasting.

In the early years, before effective sound recording and mixing, announcements were produced "live" and at-once in a studio with the entire cast, crew and, usually, orchestra. A corporate sponsor hired a producer, who hired writers and voice actors to perform comedy or drama.

Manufacturers will often use a distinctive voice to help them with brand messaging, often retaining talent to a long-term exclusive contract.

The industry expanded very rapidly with the advent of television in the 1950s, and the age of highly produced serial radio shows ended. The ability to record high-quality sound on magnetic tape also created opportunities. Digital recording—thanks to the proliferation of PCs, smartphones (iOS and Android 5.0+), dedicated recording devices, free or inexpensive recording and editing software, and USB microphones of reasonable quality, increasing use of home studios — has revolutionized the industry.

The sound recording industry uses the term "presence" as the standard of a good quality voice over and is used for commercial purposes in particular. This term "presence" measures the legitimacy of how it sounds, specifically one of a voiceover. Advances in technology for sound recording have helped voiceovers reach this standard. These technological advances have worked continuously on diminishing "the noise of the system...and thus reducing the distance perceived between the object and its representation."

The voice over industry works in tandem with the advertising industry to help deliver high quality branding and as a whole is worth millions. Commercial advertising that uses voice overs reaches about 89 percent of all adults in Britain alone.

Due to new technology and the internet. Voice over artists are able to cater for anywhere or anyone in the world regardless of their location. An example of this is http://thevoiceoverguy.com.au an in demand Australian Voice artist based down under in Australia. Catering for the USA and other countries besides his native country.

Translation

Main article: Voice-over translation

In some countries, such as Russia and Poland, voiceover provided by an artist is commonly used on television programs as a language localization technique, as an alternative to full dub localization.

In Bulgaria, multiple voiceover is also common, but each film (or episode) is normally voiced by three to six actors. The voice artists try to match the original voice and preserve the intonation. The main reason for the use of this type of translation is that unlike synchronized voice translation, it takes a relatively short time to produce, since there is no need to synchronize the voices with the character's lip movements, which is compensated by the quieted original audio. When there is no speaking in the film for some time, the original sound is turned up. Recently, as more films are distributed with separate voice and noises-and-music tracks, some voice overs translations in Bulgaria are produced by only turning down the voice track, in this way not affecting the other sounds. One actor always reads the translation crew's names over the show's ending credits (except for when there is dialogue over the credits).

Sources, References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, TV Guide Magazine, Blurb, Media Match, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Careers Hub, Screen Play Scripts, Script Doctor, ASCAP, Film Independent, Any Possibility, Ethan Laughman, CTLsites,

THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS PROVIDED "AS IS" AND BRUCE BISBEY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION. BRUCE BISBEY DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. BRUCE BISBEY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.

Voice Over / Photo Credit: Acting Plan

KAAPSE LIQUEURS TASTING AT THE MUIZENBERG BLUE BIRD MARKET / South Africa

Blue Bird Logo / Photo Credit: Blue Bird Market

KAAPSE LIQUEURS TASTING AT THE MUIZENBERG BLUE BIRD MARKET / South Africa

  

Letha gave a liqueurs tasting of the signature line of Kaapse Liqueurs at the Muizenberg Blue Bird Market last Friday March 22nd. Kaapse Liqueurs is a proudly South African company distributing liqueurs manufactured from locally sourced produce. All the ingredients are 100% South African, natural and indigenous to the area.

It turned out to be quite tourist evening. There seemed to be twice as many people as the last one. Possibly the changing of the weather. Particularly lovely people from all over the world and a particular blend of surfers, beach combers and the local community.

Blue Bird Garage Food & Goods Market

As the cornerstone of the Muizenberg community, the Blue Bird Garage Food & Goods Market takes place every Friday night in a beautiful old postal plane hangar on the edge of this urban village. You will find this space filled with a collection of local Artisans, specialty cooks, bakers, producers and Designers. We bring the butcher, the baker, the t shirt maker together under one eclectic, creative, vibey roof.

Handpicked South African wines, craft beer, delicious food, live music from local artists, a creative kid’s area and great company are all part of the tapestry that makes this a very unique and inviting market experience. It's a great way to spend a Friday night!   

The Donut Workshop at the Blue Bird Market.

http://www.bluebirdgarage.co.za/page_01.php …

KAAPSE LIQUEURS 

https://www.kaapseliqueurs.com/ …

Have a fantastic New Year.

Letha

Letha (Malan) Oelz (You can contact Letha at: oelzletha@gmail.com... please follow me at https://www.finderzkeeperz.co.za/2019/03/25/kaapse-liqueurs-tasting-at-the-muizenberg-blue-bird-market-south-africa-2/

Blue Bird Logo / Photo Credit: Blue Bird Market

Kaapse Liqueurs / Photo Credits: Letha Malan Oelz – Kaapse Liqueurs

Blue Bird Market Muizenburg / Photo Credit: Trip Advisor

The Donut Work Shop / Photo Credit: Blue Bird Market

ALMENKERK WINE TASTING AT HARBOUR HOUSE, KALK BAY / Cape Town South Africa

Almenkerk Wine Estate / Sketch Credit: Almenkerk Wine Estate

ALMENKERK WINE TASTING AT HARBOUR HOUSE, KALK BAY / Cape Town South Africa

  

Letha gave a wine tasting of the signature line of Almenkerk Wines at the Harbour House, Kalk Bay, south of Cape Town.

Almenkerk Wine Estate is a small, family-owned wine estate, situated in the Elgin valley just east of Cape Town, South Africa.

The estate is owned by the Belgian/Dutch van Almenkerk family and run by Natalie and Joris van Almenkerk. Whilst Joris has fun making award-winning wines, Natalie is in charge of sales and marketing, PR and admin. Patriarch, Joep, helps out with sales, frequent wine tastings and as a mentor on the business side. As well as that, we have a dedicated group of family and friends that come over to help us out by opening the tasting room when we are not around or assisting with the harvest.

The Almenkerk story begins in 2002 when they moved to South Africa and started looking around for a farm with perfect terroir, cool climate and - frankly - a nice place to live.

Only late in our quest, when we were seriously considering a promising property in Stellenbosch - did a friend insist we go "Over the Mountain" as they call it here and visit the Elgin Valley. Barely a week later we signed the papers and could call ourselves the proud owners of a ... apple farm!

After moving from Belgium and purchasing the property in 2002 we began the process of transforming it into a wine farm. The Estate was originally 32 hectares of apple trees and now we have 15 hectares of vines in production. The decision of what to plant and where to plant it was a massive project on its own. We used consultants and professors with a combined experience of over a century. On top of that, we based our choice on infrared and satellite imagery, soil samples, and electromagnetic scans of the soil. The information gleaned from the previous owner as well as the labor, who had been living on the farm for many years, was also crucial in these decisions. We then planted the specific cultivars to their best-suited sites and from there we have been nursing our vines into healthy grape producers. It is only due to the wide ranges of slopes, orientations and soil types that we are able to grow such a variety of cultivars.

We decided to continue to farm nine hectares of the land as orchards. We currently have four varieties of apple and one of pear. Although apple farming is not our core business, it complements the farm nicely. The apple trees are beautiful, especially when flowering. It also keeps our team of labourers busy when there is little else to do. Apart from that, it is hugely gratifying to eat your own apples fresh from the tree!

CONTACT INFO

Almenkerk Wine Estate

Viljoenshoop Rd 50

Elgin, Grabouw, Western Cape, South Africa 7160

(+27) 21 848 9844

info@almenkerk.co.za …

Harbour House, Kalk Bay

+27 (0) 21 788 4136

Kalk Bay Harbour, Kalk Bay

http://www.harbourhouse.co.za/ …

kalkbay@harbourhouse.co.za …

Harbour House, V&A Waterfront

 + (0) 21 418 4744 /  + (0) 21 418 4748

Quay Four, Ground Floor, V&A Waterfront

http://www.harbourhouse.co.za/ …

waterfront@harbourhouse.co.za  …

Have a fantastic New Year.

Letha

Letha (Malan) Oelz (You can contact Letha at: oelzletha@gmail.com... please follow me at https://www.finderzkeeperz.co.za/2019/03/25/almenkerk-wine-tasting-at-harbour-house-kalk-bay-cape-town-south-africa/

Harbour House Kalk Bay / Photo Credit: Harbour House

Almenkerk Wine Estate / Photo Credit: Almenkerk Wine Estate

Almenkerk Wine Estate / Sketch Credit: Almenkerk Wine Estate

TIPS TO FINDING A MUSIC MANAGER – SOME BASICS? (In the Entertainment industry.)

Music Manager / Photo Credit: Brand Crowd

TIPS TO FINDING A MUSIC MANAGER – SOME BASICS? (In the Entertainment industry.)         

Bruce Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

Finding a Music Manager?

It’s no longer possible to simply be a musician. You now have to be a proven artist before a record label will even consider signing your act.

So what is the solution for the modern day musician? Simple: learn how to handle the music business yourself.

While it may not be ideal for everyone, if you want to get your music career moving as fast as possible, you will need to do more than just make music. Among other things, you will need to learn how to create products that people want to buy, how to promote your music to the right audience, how to get your own live gigs, how to make money from these gigs, how to get radio play, and how to collect royalties from any gigs and radio plays. This may sound like a lot of work to you, but it doesn’t have to be a chore. Learning all these things will mean you don’t have to rely on other people as much to get your music career moving.

What does a Music Manager do for you?

Works on behalf of groups or artists to promote the artists' careers and run their business affairs. Their job is to secure the best work for their clients, for the best fee.

The job may include: negotiating contracts and fees, finding and booking events and venues that match the artist's career strategy, advising on career decisions, publicity and promotion, helping them on career decisions such as which record producer to work with, or which songs to perform, and managing media relations on their behalf.

The Music Managers work is very competitive and can be intense and sometimes stressful with long hours Music Managers are frequently required to attend their artists' performances in the evening or over weekends.

Most Music Managers advance by building a strong reputation for good client services, and attracting more top performers onto their books.

Music Managers salaries’ are often dependent on the work they secure for their clients, for example they may keep between 10 percent to 25 percent of the overall fee.  

Some managers start their career by managing the careers of friends. Others start off as entertainers themselves, and gain knowledge by promoting their own talents, and some start by gaining a junior job in a record company and work their way up to the role of Manager.

Music Managers may represent a roster of artists, and cultivate relationships with music industry decision makers on their behalf. They will negotiate deals, and support and guide their clients' careers.

Music Managers must keep up to date with what's happening in the industry, and they will spend a lot of time establishing and maintaining relationships, using contacts to source work for their clients. They will also promote their clients' work, and will often be involved in liaison during the music recording process. They may also organize and negotiate contracts for release and publishing, and they communicate with the press.

Getting Help with the Business Side of the Music Industry

Although record labels are unlikely to help you during the early stages of your career, that doesn’t mean that you can’t enlist the help of others. If you want some extra input or assistance, there are two paths you can take:

Seek out a manager, or…

Take a music business course (or hire a consultant)…

If you’ve got your act together creatively and professionally, I’d recommend getting a manager on board. The exact role of the manager will depend on your agreement with them and how much you want them to get involved in your music career. You may only want them to help get you shows and decide which promotional opportunities you should take part. Or you can have them read over contracts, run errands for you during tour, or anything else that will help your music career.

Whatever role your manager takes on, it’s best to agree to the terms prior to them working for you. Not making things crystal clear can cause a conflicts of interest, bad feelings, and lead to legal problems down the line.

If you’re still finding your feet in terms of you music, it may be better to enroll in a music business course or hire a consultant. These instructional opportunities will teach you the business side of things and allow you to take your career in your own hands while still honing your talents. By the time you’re ready to really push your music, you will have the knowledge to do so.

If you decide to go down the manager route, the next step is actually FINDING this person. Don’t just hire the first person who says they’re a manager, though. You need to make sure that person is right for you. Here are some things you need to think about when searching for a manager:

1. Make Sure They Are Enthusiastic About Your Music.

When hiring a manager, you want them to really believe in what you do. There’s nothing worse that having a manager that’s just doing it for the money, it’ll only make you feel like they don’t really want to be there. And what will happen if they start working with another act they DO really like? All their focus and attention will go to them, that’s what. Don’t hire anyone that’s not also a fan of your music, it won’t work out well.

2. You Can Find Managers On Online Forums.

One way you can go about finding a manager is by advertising yourself on music forums or in relevant magazines. Forums are often filled with music fanatics and people who already work within the industry. If you have the talent and can give people a reason to want to work with you, you are sure to get some interest.

3. What About Your Friends?

If you don’t want to work with someone completely new, why not get one of your friends to become your manager? You may have a friend that’s just as excited by your music and the music industry as you, but has no musical talent of their own. This may be how they break into the music industry.

While they may need to learn the business side of things themselves (And maybe even take a few courses on their own to speed up this process), it can work out well in the long run.

4. Make Sure You Keep Things Official.

If you decide to hire a friend as your manager, you need to remember that this is now a business arrangement. There should be no more verbal contracts; you need to get every business-related decision down in writing. Keep paperwork, have deadlines, and set goals. If they aren’t pulling their weight and are taking advantage of your friendship, find a new manager.

5. Measure The Success Of Your Manager.

The role of the manager at this stage should be to help move your music forward faster than you could by yourself. Because of this, it’s a good idea to keep track of how much impact they are making on your career. Are they getting you more shows? Are they helping out with promotion? Are they chipping in?

You really do want a go-getter as a manager. You shouldn’t always have to tell them what you want doing. They should go out there and help push you forward without being told to do so. After all, the more money you make, the more money they make.

If you don’t see any real results or benefits after a few months of hiring them, you may want to consider getting a new manager. Also, set the terms for a “trial period,” after which either party can back out with no hard feelings.

Conclusion

If it was your plan just to make good music and let the promotion take care of itself, it’s time to rethink things. To make it in the current music industry, you need to be more than a good singer or a pretty face. You need to have business know-how, and you need to take action. Getting a manager or taking a music business course will make things a lot easier for you, but essentially you will still have a lot of work to do. But guess what? That work can be fun! This is the industry you want to be in, so you should be willing to do whatever it takes. If you want to make it as a musician, you’ll need to accept that, at least for now, you have to do more than just perform your music.

Sources, References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, TV Guide Magazine, Blurb, Media Match, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Careers Hub, Screen Play Scripts, Script Doctor, ASCAP, Film Independent, Any Possibility, Music Bed, Robin Hoffmann, Helena Keane, Twyman-Whitney, Lorena Alvarado, Jeffrey and Todd Brabec, Easy Song Licensing, Steven R. Gordon, Esq., Ryanne Perio, Esq., Digital Music News, DYI Musician, Shaun Letang

THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS PROVIDED "AS IS" AND BRUCE BISBEY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION. BRUCE BISBEY DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. BRUCE BISBEY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.

Music Manager / Photo Credit: Brand Crowd

MUSIC LICENSING FOR A FILMMAKER – SOME BASICS? (In the Entertainment industry.)

Music Licensing / Photo Credit: FYI Music News

MUSIC LICENSING FOR A FILMMAKER – SOME BASICS? (In the Entertainment industry.)         

Bruce Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

MUSIC LICENSING FOR A FILMMAKER?

Filmmakers often feel so attached to a song that it becomes a crucial and indispensable element of their story. A scene, or even an entire film, can revolve around a single piece of music. What many directors don’t realize is that the process of clearing that song can be very difficult and expensive. Brooke Wentz, the music supervisor behind Kings Point, Bully and Bill Cunningham New York cleared up some of the confusion and little-known realities of music licensing during a recent Film Independent education event.

When to get permission

If you produce a movie or film, make sure to get permission for any songs you did not write, recordings made by other people (such as samples, karaoke tracks, or background tracks), and lyrics or music notes if you show them. Licenses should be secured before you release your film. Because of the complexity of these types of licenses, we suggest making your request many months ahead of your release, and also having a backup plan in case your request is denied. Reputable manufacturers will require proof of licensing before they replicate your film. You do not need to license songs that you wrote yourself or songs that you know are in the public domain.

How to get permission

It is important to note that underlying what most people think of as a "song" is actually two components: the composition (music notes and lyrics that make up a song, created by the composers) and the original recorded audio (recording of musicians playing the song, created by the artists). Often the composers and artists are the same people, but not always. These song components can be owned separately by different entities. For this reason, there are two types of licenses to protect the two types of creations:

a) A mechanical license (audio-only) or synchronization license (video) for the composer to protect the composition, and

b) A master license for the recording artist to protect the original recording. It's important to understand both components, and both types of licenses when obtaining permission for a "song":

1) Composition (mechanical or synchronization rights)

The composition is the music notes and lyrics that define a song. The rights to the composition are usually owned by the composer or their publisher. Permission is obtained through a mechanical license (audio-only) or synchronization license (video).

2) Recording (master rights)

The recording is a recorded performance of the composition (song). The rights to the recording are usually owned by the artist or their record label. Permission is obtained through a master license.

The licenses required for film (synchronization, master, and print licenses) are custom-negotiated directly with the copyright holder upfront and are quite complex.

The most important thing to know is that there are two rights to every song. There is the person who wrote the song (who holds the publisher rights, aka “sync” rights) and the person who recorded it (who holds the “master” rights). To use this piece of music you need permission from both entities. You can listen to a song like “All Along the Watchtower” by Jimi Hendrix, but you may not know that the writer is Bob Dylan. To determine who owns the rights to songs, the websites ascap.com and bmi.com are extremely helpful.

Once you’ve determined who owns the publishing and the master, you must contact them separately and ask for permission to use the song. This can get tricky when there are a lot of songwriters involved. Katy Perry’s song “California Gurls,” for instance, has five publishers. Therefore, if you wanted to clear this tune you would need approval from all five of the writers and on top of that you would need approval from Katy Perry. If one of them says no, then unfortunately you can’t use the song.

What about YouTube?

By law, licensing must be in place for all of the above scenarios, even on YouTube. Unfortunately, conflicting information about who handles licensing on YouTube has led to widespread copyright infringement on the service. Some consumers believe YouTube handles licensing for them; this is only partially true. YouTube pays royalties to some publishers that have agreed to a share of ad revenue in exchange for music rights. However, most publishers have not agreed to this, and instead follow the more traditional practice of requiring the individual to obtain synchronization licensing before posting. The best way to know for sure if a publisher has a deal with YouTube is to check with the copyright holder directly. Unsure if you need a license? We provide answers through our Custom Licensing services.

Composer Agreements

The key terms of a contract between a film producer and a composer are:

(i) The responsibility of the composer to record as well as write the music

(ii) The fee paid to the composer

(iii) The time schedule

(iv)  The composer’s credit

(v) The composer’s compensation if there is a soundtrack album

(vi)  The use and ownership of the music

Fees

In a normal agreement, the composer will do or supervise the music production in addition to writing it. The filmmaker pays the composer for this and sometimes pays for costs associated with production. This includes studio time, engineers, mixers, arrangers, and recording equipment rental. The composer’s fee may also factor in these costs as a Package Deal.

Typically, the filmmaker pays the fee to the composer in installments. The composer receives the first installment when signing the agreement or “spotting”. This is when the production team screen the movie to determine placement and type of music. They receive another when recording of the score begins. They receive the final installment when all services are completed and accepted.

The Package Deal

Package deals often occur with low budget movies. The producer pays to compensate the composer and covers all recording costs. The composers uses this money to pay for musicians, arrangers, studio time, and rentals, and keeps the rest. If the composer goes over budget, they pay for the costs of such overages.

However, package deals exclude certain costs that the producer assumes. If the producer hires another composer to redo the score, the producer must pay the new composer music licensing fees. The composer should try to limit the right of the producer to demand changes after delivery and to negotiate a “kill fee” in case the producer rejects the score.

Package deals often work well when a composer is using few instruments and relies on synthesizers and her own equipment and recording facilities.

Work for Hire vs. Exclusive License

A large part of composer agreements is the section on ownership rights of the music. Typically, the producer and composer agree in signed writing that the music the composer creates and records is “work for hire” and the producer owns all rights to the music. If it is not deemed work for hire under federal copyright law, then all rights are transferred to the producer.

A work for hire contract gives the producer total control of the music and the recordings. The producer can use or change the music in any manner. They have the right to include the music in the trailers, marketing materials, advertisements, and any other promotion for the movie.

The producer can also act as a music publisher and label by licensing the music to third parties, even if these parties have no connection to the movie. For example, the producer could license the music to anyone that might want to use it in a commercial.

While the composer has no say in the use or the music and won’t share in the profit from music licensing to third parties, they may be entitled to compensation in at least one form, like public performance.

The share of profit typically divides equally between the publisher and the songwriter. Though the filmmaker receives the publisher’s share for the license, the composer keeps the songwriter’s share regardless of who owns the rights to the music.

Cue Sheets

In the U.S., there is no public performance income from movie showings in theaters, nor from distribution of DVDs or permanent downloads. However, there are royalties from showing the movie on TV or internet video on demand websites (e.g., Netflix).

Cue sheets log all music in a production and are the primary means by which PROs track the use of music in films and TV. The composer should be very careful to prepare and present these to his or her performance rights organization (PRO) to ensure that he or she will be credited. Without filing the cue sheet, the PRO will not compensate the composer.

Other ‘Work for Hire’ Considerations

Work for hire deals are standard and usually non-negotiable when a major studio hires composers. These major studios usually pay large fees. An independent producer who offers a composer a more financially modest offer will usually allow the composer to keep her music rights or at least share in the income in addition to royalties.

If a producer cannot afford to pay a composer’s customary fee, the composer may agree to a reduced fee. This allows the composer to keep publishing rights. If the composer’s music is licensed, the composer could negotiate to receive their songwriter’s fee and part of the publisher’s.

1. For film festival rights, most songs can be cleared at around $500 per side ($500 for the publishers, $500 for the master). If you don’t have enough money in your budget to pay for all the rights up front, you can clear only the film festival rights and add an option to get all media rights up to two years later.

2. The fee is the same regardless of the duration of the cue. If you use a song for five seconds or two minutes, it will cost you the same amount of money. The only exception to this is if the song is used over beginning or end credits.

3. The rate for a piece of music is negotiable! Most filmmakers don’t know that they can offer a lower price, or if the artist likes the subject matter of the film, they might offer a better rate.

4. If you think a song is in the public domain, double check. “I had a client who thought ‘My Sweet Lord’ was in the public domain,” Wentz explained. “I said ‘Nope, I’m pretty sure that’s a George Harrison song.’”

5. If you’ve contacted the publisher and masters and have not heard back from them, this does not mean an approval. It might be frustrating if they are not getting back to you, but you have to keep pushing. If you do not clear the rights for a song, you could receive a “cease and desist” letter from the rights holder which could incur fees.

6. If you are doing a music documentary, you must make sure you can secure the rights beforehand. If the estate or the artist is not on board you will not be able to use the music. Many deceased musicians’ rights are owned by their spouse or ex-spouse—or both. Certain songs might never be clearable just because of inner conflicts that have nothing to do with you or your movie.

How to Acquire Music for Films

By: Jeffrey and Todd Brabec

Frequently Asked Questions for Student and Independent Filmmakers

Q: What Licenses Must I Get To Use A Song In My Film?

A: If you are using a pre-recorded song or another pre-recorded piece of music in your film, there are two rights you need to clear; that is to say, you need to get two different licenses to use the music.

Synchronization License: This is the right to synchronize a song or a piece of music with your visual image. It must be obtained from the copyright owner of the music, which is usually the publisher. You can find out who the publisher is by using ASCAP's Clearance Express (ACE) at www.ascap.com/ace. Songs that are not represented by ASCAP might be found at HFA (www.harryfox.com). You will be provided with a contact at the publisher's Business Affairs or Licensing Department.

Master Use License: This is the right to reproduce a specific recording of a song in your film. You clear this right with the record label who owns the specific recording you would like to use; see the liner notes of the recording to find out which company this is. Alternatively, you can get contact information for record labels by calling ASCAP's Film/TV Department. You will be provided with a contact at the record label's Business Affairs Department.

Q: Can I Use These Songs On My Soundtrack Album?

A: If you intend to use these songs on a soundtrack album, you will need to negotiate additional soundtrack rights with the publisher and record label as you negotiate the synch and master use rights for your film.

Q: What Do License Fees Cost?

A: License fees are determined based on various factors, including how the music will be used, the duration and number of times the music will be used and where the film will be performed. In all cases, the fees are negotiable and not all publishers and record labels charge the same amount. Students working on films that are only shown within an educational environment can often negotiate reduced fees. Independent filmmakers planning to show their films at film festivals can also often negotiate a reduced fee called a Festival Use License. These reduced rates are based on limited screenings of the film. Once the film has been sold for theatrical release, the fees will increase based on the significant increase in viewership and potential increased revenues. It is best to negotiate this increased fee in advance. Negotiating in advance for possible future performances in different types of media (theatrical, TV, cable, internet, etc.) is often referred to as a Step Deal.

Q: What Information Should I Include In My Request For Music Rights?

A: Submit a synopsis of the film and the film's budget.

Provide as much detail as possible on how you intend to use the song: main title (opening credit) or end title (closing credit); feature (song is the main focus of the viewers’ attention) or background (song plays in the background of a scene); number of times the song is used, duration and placement for each use.

Specify where your film will be screened. For example, is your film a student film being viewed solely in an educational environment? Or is your film an independent film, which will screen at festivals?

Ask how the fee will increase in the event of possible future performances in different types of media.

If you are planning on securing soundtrack rights at the same time, ask how that affects your fees.

Q: What Are The Consequences Of Screening The Film Without Securing Music Rights?

A: U.S. Copyright Law provides that you can be sued by a music publisher and/or record label, for using their property without their consent. Considering that you will work more and more with publishing companies and record labels as your career moves forward, not clearing the rights in advance is not a very professional way of starting your relationships with them. Clearing the rights and having step deals in place will also help you in the event that a distributor is interested in buying your film. If your rights are not cleared, the distributor is looking at an unknown expense tied to your film, and this can be a deterrent in a distributor's interest in acquiring an independent film.

Q: How Do I Find A Composer To Write Original Music For My Film?

A: Music that is composed specifically for a film, as opposed to pre-recorded music placed in a film, is the film score. You can hire a composer to write this music for you. ASCAP works with film composers and composer agents at every level of experience and can help you find a composer appropriate for your film at your budget.

Q: What Do I Pay A Film Composer?

A: You will be paying a composer an up-front fee for writing and recording the music for your film. You will negotiate this fee based on your film budget, the amount of music required, and the film composer's experience in the industry. Again, fees vary significantly, case by case.

Q: Who Owns The Film Score?

A: Based on your negotiations with the film composer, your Composer Agreement will spell out who owns the film score (that is, who retains the publisher share of the music). This will either be the production company or the film composer. If the production company pays the appropriate composer's fee up front, it usually retains the publisher share of the music while the composer retains the writer share. In this case, the production company will need to set up a publishing company through ASCAP. When you call us to do this, we can give you further detail. If the production company is unable to pay the composer an appropriate fee up front (as happens often with independent films but never with major releases), a composer will often negotiate to keep the publisher's share of the music. Regardless, as a filmmaker, if your film will have a broader release than at film festivals, you need your Composer Agreement to give certain Broad Rights to the production company: these may include worldwide synchronization; worldwide free, pay, cable and subscription television; in-context and out-of-context television advertising and film trailer use, including promos on other film videos; theater distribution outside the United States; videocassette and videodisc rights; all future technology rights whether now known or not.

Taken from Steve Gordon is an entertainment attorney

Retaining Your Rights

Since producers are usually not music publishers looking to exploit music rights, they may offer a reduced fee to a composer. If this happens, the composer grants an exclusive license for the music to be used in the movie and other promotional materials while gaining the right to use the music in other projects.

The producer may also negotiate the right to make a soundtrack album for the movie. The composer agreement can go into detail on compensation for the album. Alternatively, the producer and composer can discuss this payment when they guarantee the album’s release.

If the composer keeps the music rights, the producer will usually require that the composer cannot use the music in other media without the producer’s written consent. This may last several years after the release of the movie or signing of the agreement. After the agreed upon period, the composer can place the music in any other movie, television program, or audio-visual project, such as a video game.

How the royalties are paid

For film, royalties are paid upfront to the copyright holder based on a custom-negotiated fee. When you hire us, we deliver your request to the copyright holder, negotiate the fee, and present it to you. If you accept, we collect the entire fee from you (which includes the royalties), and then send 100% of the royalties on to the copyright holder. If you need to reorder, a new license is negotiated. You have the option to follow all these steps yourself or hire us for assistance through our Custom Licensing services.

Challenges of music licensing for film

All of the types of music licenses for film require custom negotiations with the copyright holder. Music licensing for film can be challenging because, by law, the copyright holders maintain total control of their works. This means they can set any fee, take all the time they need, and reject the license outright. For this reason, it is important to temper expectations when licensing for film. Many factors affect the response, including budget, use, and even the current workload of the copyright holder’s processing department.

Other Usage Considerations

The agreement may set a limit to the amount of the movie’s music used in an album. This is to prevent an album of the composer’s music from competing with the soundtrack album. If a composer creates his or her own album and uses the some of the movie’s music, there will usually be a requirement to credit the movie.

Producer’s Acceptance

Before accepting the final score, the producer has the right to request certain changes to the music. The producer also has the right to not use the score provided that they paid the composer. This is known as a “play or pay” clause and entertainment business deals use the clause frequently.

Play or pay is usually non-negotiable for two main reasons: it assumes the producer paid the full composer’s fee and it allows the producer to reject the score if they feel it doesn’t fit. To keep the composer and producer on the same page, they can agree that the composer will provide part of the score and the producer can decide whether work should be continued. If the producer decides against the score, the composer will receive some agreed upon “kill fee” but allows the producer to use the music during the trial period.

Credit

Composers should negotiate their credit carefully because good credit can mean higher fees for future works. A good option for credit negotiation is single card credit. This means that only the composer’s name will appear on the scene during the main credit sequence.

Single Song Agreements

Getting music for movies can take different forms. This last agreement is for composers who have written but not produced a specific (single) song. The filmmaker wants the composer to record the song to put in a music video for the end credits. In this deal, the composer has a great deal of leverage because the song already exists. In this situation, the composer can negotiate a license rather than work for hire.

If the filmmaker wants the composer to write an original song, the contract would look more like a work for hire.

The Contracts

The first contract is a standard pro-film producer form of agreement. It makes all the music a composer creates and records a work for hire for the filmmaker. It also gives the filmmaker the right to demand that the composer make an unlimited number of changes in the music without the film producer paying more compensation.

The second agreement is much more composer-friendly. It is not a work for hire agreement. Instead, the merely grants the filmmaker the right to use the music in his movie and retains all other rights. The composer agrees not to license the music for another full length film for a period of time.

This contract also limits the time that the filmmaker can demand changes to two days after the composer delivers the final mix. It also provides for a “kill fee” if the filmmaker decides that the music delivered by the composer is unacceptable.

The last agreement is for the recording of a single song that the composer previously wrote but never recorded. Like the second agreement, the composer grants a non-exclusive license to the filmmaker and retains all other rights. In this case, the composer also allows the filmmaker to use the recording in a promo video for the movie.

Sources, References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, TV Guide Magazine, Blurb, Media Match, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Careers Hub, Screen Play Scripts, Script Doctor, ASCAP, Film Independent, Any Possibility, Music Bed, Robin Hoffmann, Helena Keane, Twyman-Whitney, Lorena Alvarado, Jeffrey and Todd Brabec, Easy Song Licensing, Steven R. Gordon, Esq., Ryanne Perio, Esq., Digital Music News,

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