To use an existing song in a film or documentary, you need permission for the song itself and for the recording, in writing, covering where the film will be shown, for how long and in which countries. Indie filmmakers often buy cheaper festival rights first and pay to extend if the film finds a distributor.
Which rights do you need to use a song in a film?
A recorded song carries two copyrights. The sync licence covers the composition, meaning the melody and lyrics, and usually comes from the publisher. The master use licence covers the specific recording and usually comes from the label. If one artist controls both, a single combined licence can cover both.
Miss either one and the song is not licensed. That is why commercial releases can be slow: a publisher and a label each need to agree, and sometimes several publishers share one song. Independent artists who own their songs and recordings can grant both at once. For the difference in detail, see sync licence vs master licence.
Film Independent notes that the fee is usually the same whether you use five seconds or two minutes of a song, with an exception for music over the opening or end credits. So choose the song for what it does in the scene, not to save money by trimming it.
What do media, term and territory mean?
These three words define the scope of almost every film music licence. Media is where the film can be shown, such as festivals, streaming or broadcast TV. Term is how long the permission lasts. Territory is the countries it covers. A wider scope on any of the three costs more.
- Media: festival only, online streaming, theatrical, broadcast television, or all media.
- Term: a fixed period, such as one or two years for festivals, or perpetual.
- Territory: one country, a region, or worldwide.
Our sync licensing glossary defines these and other contract terms in plain English.
Should you buy festival rights or full rights?
If the film's future is uncertain, festival rights are often the sensible start. They cost less and cover screenings at festivals for a limited time. Film Independent suggests licensing festival rights only and adding an option to buy all media rights later, so the price of stepping up is agreed before the film succeeds.
That arrangement is often called a step deal. In plain English: you pay a small fee now for festivals, and the licence sets out what you will pay to extend to streaming, broadcast or theatrical release if a distributor picks the film up. Film Independent mentions options running up to two years. Without a pre-agreed option, the rights holder can quote whatever they like once your film has a buyer, or refuse.
| Licence | Usually covers | Suits |
|---|---|---|
| Festival only | Festival screenings, often for a fixed term | Shorts, first features, films without a distributor yet |
| Online streaming | Streaming platforms and online release | Docs and indie films released online |
| Broadcast or full release | TV broadcast, theatrical, all media, often worldwide | Films with a distribution or broadcast deal |
Why do producers need music documentation for E&O insurance?
Distributors and broadcasters usually require errors and omissions insurance before they take a film, and insurers want evidence that every element, including music, is properly licensed. If you cannot produce a signed licence for each song covering the media you are selling into, the deal can stall.
The International Documentary Association describes E&O as a requirement for distribution deals with studios, television, cable and online platforms, and lists music among the rights insurers expect to be licensed from the owners of existing songs and recordings. Keep a music cue sheet and a folder of signed licences from the start of the edit, not the week before delivery.
How much does it cost to license a song for a film?
It depends on the artist's profile, the rights and the scope. Film Independent puts festival rights for most songs at around US$500 per side, meaning composition and recording each. A Berklee music supervisor puts a lesser-known artist at about US$5,000 all-in, and a recognisable artist at US$40,000 to US$60,000.
Those are US industry figures for commercial music, and well-known major-label songs can run far higher. On cadential., each song is priced individually per use type, in AUD, and shown on the track page before checkout. For an emerging independent artist, a film licence is typically roughly A$300 to A$1,500, depending on the song. For very well-known artists, film becomes a custom quote. For Australian music specifically, see licensing music by Australian artists.
What does a cadential. film licence cover?
One film, documentary or video project as described at purchase, including festival submission, streaming and non-broadcast exhibition. It is perpetual, worldwide and non-exclusive by default. Broadcast television is not included and needs a separate licence, and you must credit the track and artist unless the artist waives it.
- Credit: for example, Music: Track by Artist, licensed via cadential.
- Broadcast TV: email hello@usecadential.com before the air date to arrange it.
- Paperwork: every licence is a PDF contract with a licence number verifiable at usecadential.com/license, which you can hand to an insurer or distributor.
- Sync only: public performance rights, handled by bodies such as APRA AMCOS, are not part of the licence. Broadcasters and platforms license those separately.
The full wording is on the licence terms page. cadential. is pre-launch, and the catalogue opens as artists are onboarded. Related reading:
Questions, answered
What is a festival licence for film music?
A festival licence lets you screen the film at festivals only, usually for a limited period, at a lower fee than full rights. Film Independent says filmmakers on a tight budget can license festival rights only and add an option to buy all media rights later, up to two years on.
How much does it cost to license a song for an indie film?
It varies widely. Film Independent puts festival rights for most songs at around US$500 per side, and a Berklee music supervisor puts a lesser-known artist at about US$5,000 all-in for a placement. On cadential., film licences from emerging independent artists are typically roughly A$300 to A$1,500.
Does a cadential. film licence cover broadcast TV?
No. A cadential. film licence covers one film, documentary or video project, including festival submission, streaming and non-broadcast exhibition. Broadcast television needs a separate licence, so email hello@usecadential.com before the air date.
Do I have to credit the song in my film?
On cadential., yes. The film licence requires you to credit the track and artist in the film credits, for example Music: Track by Artist, licensed via cadential., unless the artist waives this in writing. Other licensors set their own credit terms.
Sources
- The Fi Hall of Fame: A Filmmaker's Guide to Music Licensing, Film Independent
- Music Supervisors Are Essential to Syncing Music to Visual Media, and Demand is Rising, Berklee College of Music
- Errors & Omissions & Rights, Oh My! A Guide to Protecting Your Film, International Documentary Association
This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.