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[H1731]How To Use Music

by John Bickerton, Joh

What is a Copyright?

Copyright is a federal law that protects creators by giving them exclusive rights to their works. Once a work is under copyright, it is illegal to use the work without the permission of the copyright owner.

How does copyright effect my decision to use music?

Music that has been recorded and issued on CD is protected by 2 copyrights. To use a recording of a musical composition in your work, you need to get permission from both copyright holders.

The first permission you need is from the music's publisher. The music publisher holds the copyright for the actual written music – the melody, the lyrics, the accompaniment, the actual music as it would appear in sheet music. This copyright is shown by using the familiar © symbol.

The second permission is for the recording itself. To get this, you would approach the record company that released the recording. The record company holds the copyright for the actual performance of the song captured and mastered on tape and released on CD. The symbol for this copyright is the letter (P) inside a circle. (look on the back of your own Cds, you will see these symbols in use).

How do I get permission to use copyrighted music?

The fact that music is protected by copyright doesn't mean you cannot use it, it simply means you have to seek permission to use it. To receive that permission you will typically have to pay a licensing fee.

What licenses do I need?

Here are the licenses you need for the right to use music in your media project:

Synchronization License – This license is issued from the music publisher. The Synchronization License (often abbreviated as sync license) gives you the right to “synchronize” the copyrighted music with your images and dialogue

Note: Having a sync license means you have permission from the publisher to use the music but it doesn't give you the right to use a specific recording of the composition. For that you need the following…

Master Use License – This license is issued directly from the record company. Fees can range from several hundred dollars to millions of dollars depending on the popularity of the music.

Once you have paid the music publisher for a Sync License and the record company for a Master Use license, you have the legal right to use the music in your production.

Sidebar

This article is about music that is under copyright and NOT in the public domain. Music written before 1933 is in the public domain and can be used without having to acquire a synchronization license (you still need a master use license if you use a recording of a piece in the public domain). Music written after 1933 is still under copyright according to US law. I hope to discuss the public domain in more detail in a future article.

What are the advantages of Production Music CDs like those available from UniqueTracks?
As you can see from the process described above, licensing music can be a time-intensive, form-laden, and expensive process. Using Production Music CDs (also referred to as Royalty Free Music CDs), is the easiest way to license music to use legally in your work.

Production Music fills a niche for producers who don't have a million dollar music budget and can't afford to license a major hit song. Production Music gives the smaller, independent producer the ability to use music soundtracks in his or her production.

Is Production Music under copyright?

Production music is protected by both the (C) and (P) copyrights. When you buy a track from UniqueTracks, you'll receive a license agreement which gives you synchronization and master use rights.

Production Music is not copyright-free as some have termed it. It is fully protected by copyright law. With production music you get ease of licensing. You don't have to contact several sources to seek sync and master use licenses.

Can I license a famous song from a production music library?

There are no production music pop hits. You won't find an Eminem track in a production music library. To use an Eminem cut you would have to negotiate a license with Interscope Records. That's not to say you can't find Hip Hop tracks in production music libraries but you won't find current or past pop hits.

Unlike a pop song, production music is composed to be used specifically as background music. It is usually instrumental, with no vocals or lyrics, and is similar to a film soundtrack.

How often can I use Production Music tracks?

The license agreement grants you very broad usage rights. With the UniqueTracks license agreement, you are not limited to one-time usage; you can use the music again in any other production you create. You don't have to inform us of your intent to use or report back once the production is complete. Once you have purchased the music, you are free and clear to use it as often as you like within the boundaries stated by the license (i.e. the music has to be used in synchronization with narration or visuals)

The simplicity of Production music licensing makes it a perfect choice for corporate videos, Flash animations, PowerPoint presentations, independent film, multimedia applications, - virtually anywhere where music is helpful but where the project budget doesn't included hundreds of thousands of dollars to license expensive songs.

Working in a Residential home recently a conscientious carer sought to cheer up the residents whilst she was clearing the meal table. Being of a happy disposition and with a pleasant singing voice she thought back to some of the music she remembered her mother singing around the house and launched into some familiar 'singalong' type songs.

The residents, all over the age of seventy and with varying forms of dementia, smiled and listened. Within a very short space of time one or two were seen silently mouthing the words. One brave soul began to join in, fingers were seen to be tapping on chair arms and feet started to move in rhythm. Very soon the sound of singing started to permeate beyond the Dining Room and was soon picked up by other members of staff, who after their initial surprise, joined in the choruses, much to the obvious enjoyment of their charges.

Later that evening while preparing one resident for bed the same carer found herself humming one of the tunes that she had sung previously. The client, an elderly gentleman, was usually fairly co-operative but would never speak, what little communication that took place was normally by way of minimal use of signs or nods when asked a question - and little else.

Picking up on the sound of the now familiar song, the usual air of disinterest was gradually changed into a smile of recognition and a glint of interest in otherwise lack-lustre eyes. The carer responded by singing the actual words - " ........ who, who, who's your lady friend?" An almost mischievous smile appeared and the resident wagged his finger at her in mock accusation - exactly as she had done to him earlier in the evening. The carer laughed with him and said in friendly banter, "I bet you have some tales to tell!".

It was a very simple matter to get him to bed (and sleep) in what appeared to be a very contented state of mind. He has not got to the point of 'telling any tales' yet, but when he becomes a little agitated or difficult to persuade a song works wonders.

Although the residents frequently had opportunity to listen to the radio or CD's in their room or communal lounges, when coupled with a direct communication, i.e. the carer actually singing to the individual and making it personal and importantly, interactive, this is when it can be seen that music can be very beneficial for health and well being.

The same principle applies in a home care situation. It is so easy to just switch the radio or television on in the hope that it will act as a distraction and leave the hapless individual unattended for ages with just 'something to listen to'. Whenever possible interaction and encouragement to join in leads to a response, even to the extent of a faint smile, and means we may have added just a little to the quality of life.

When caring for those with dementia it also pays to be aware of the persons reaction to different types of music or even individual pieces. Although in the majority of cases the effects are beneficial, occasionally an adverse reaction can arise, for example when a bad experience or memory is triggered and causes agitation. Another reason of course to ensure that a) a conscious effort is made to provide the 'right' type of music and, b) that there is an interactive element or at least an ongoing communication to assess the response.

Are there ways that you can implement suitable music to 'lift the spirit' or improve the quality of life of those in your care?

Article Source : Pg. 7

About Author

Both John Bickerton & Tony Ockendon are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

John Bickerton has sinced written about articles on various topics from Music, Keyboard Synthesizer and Interior Design. . John Bickerton's top article generates over 22200 views. to your Favourites.

Tony Ockendon has sinced written about articles on various topics from Keyboard Synthesizer. Music is available to everyone, but about its role in improving the well being of Dementia sufferers, how it is being put to practical use in Care. Tony Ockendon's top article generates over 22200 views. to your Favourites.