A spoonful of sugar
Date: 26th November, 2009
The article by Jeanine Rizzo discusses music licensing and copyright and was published in the Business Section of the Times of Malta.
A spoonful of sugar
Last week, a case of tonsillitis kept me house bound for a few days... which led to my discovery of a new television series called Glee. Without getting lost in the plot lines and twists, the series focuses on the events happening at a US high school, the school's glee club (aka choir) and the lives of the club's members.
The show, essentially, is chock full of singing and dancing to popular show tunes, latest hits and some classics. It has made the music one of its biggest stars. And this is why, reportedly, one episode on the show costs an average of $3 million. The producers of the show have to clear all the music use and this, naturally, is the biggest expense.
Any self-respecting producer of television or film (not to mention radio) needs to not only give credit for the music used but must also clear said use with the owners of the music and its copyright.
The popularity of the show means that this works both ways: the music featured makes the show popular so it creates pressure to choose well-loved pieces to produce some great numbers. The other side of the coin is that this is added exposure to artists and their music which translates into more people not only hearing the song but also going on to buy it - this is reflected in international charts based on (legitimate) downloads and sales figures. And this is seen not only with the numbers performed on Glee but also with other programmes like So You Think You Can Dance, and Grey's Anatomy - the soundtrack to the show was a launch pad for a number of artists, foremost of all are the groups Snow Patrol and The Fray.
This highlights how music really is an industry in its own right, and how copyright, by giving back a return to the owners of the music, is in turn an incentive to get the music out there.
People in the film and television industry will not lie about the effect the right soundtrack has - it is the backbone to the tone the film/show will take. Look at the Twilight saga - the soundtrack is as important as the storyline and is loved by all fans and then some. So much so, that debate is rife about which songs will be chosen for the forthcoming film instalments.
The incorporation of one art form - music - into another is here exemplified at its very best. And the nature of copyright law ensures that the right person is rewarded for every use that is made. The reward is in the copyright licence which is given to the third party users for such a use. This, unlike when music is played on radios, is given in a one off determination, based on one-to-one licences, therefore not administered by collecting societies.
What is happening with shows like Glee is that well-established artists who would normally charge large amounts for their music to be used in adverts, films and television shows, are now happy to grant authorisation for the use of their work for heavily reduced rates or even for free.
Rihanna has reportedly licensed one of her chart toppers for a ridiculously low price, but that's what one gets with a show as popular as Glee - the payoff of being featured is larger than the feature in itself. In fact, a couple of weeks back, an "old" rock song re-entered the UK sales charts in the top 10 after it was featured on a very popular show. This also serves as a show case for new talent.
I can never stop emphasising the importance of the music industry, especially in this day and age where we all care very much about our entertainment. It is however, producers and directors and ultimately the general public who need to care about correct use of music, and artists need to be very careful about how their work is being used.
After all the hard work involved in creating their CD baby, it is their right to enjoy the fruits of the exploitation of that work. The rest is song and dance.
http://www.timesofmalta.com/business/view/20091126/comment/a-spoonful-of-sugar
