If you want to have a very specific mood set by the film score, you will probably want to hire a composer. The benefits are having a custom made set of music tailored just for your film by a professional. But you will then have to pay attention to a new set of factors with regards to your new team member’s work for your film.
Film composer Nathaniel Smith outlined a set of tips for working with composers in an interview with Video and Filmmaker. Acquiring the music for your film may frequently be left to post-production, since it seems like putting the basic parts of the film together should take precedence. But since music carries so much of the emotional weight of your film, he says should plan out and budget for music as early as possible in the production process. Hiring a composer (or a band) may not seem like an intellectual property issue, but you need to make sure that you are generating solid contracts with an attorney in any case. This will be especially important if your little indie film starts to make money.
Smith also notes that you should always make sure to ask how your composer wants to be credited in the film, and if there are any additional musicians or recording entities that need to be included. Also, the composer should be credited on the film’s poster and advertisement materials at the same level as the director and producer. Anyone who is generating their own material for a film project, even a small one, wants to feel like they are getting some attention for their work. And if you somehow engineered a good contract with a more well-known performer, then they will want to see that they are being given respect for their involvement in your film. (Yes, attribution is an intellectual property issue!)
If music is being created specifically for your film, then you need to be aware of the publishing royalties and how they will be divided. Los Angeles entertainment attorney Dinah Perez notes in her article “Hiring the Composer” that the royalties are divided into a composer’s share and a publisher’s share, with the publisher’s share being the filmmaker. She notes that it may be possible to get a composer to give you a lower price for their work if the filmmaker is willing to part with some of the publishing royalties from the film. This would be an incentive to make sure to budget enough for the film music in the first place, so you don’t have to make that type of compromise.
Also, Attorney Perez recommends having the composer create the soundtrack as a “work made for hire”, as a part of their employment with the film production. She says that if this isn’t done, then the filmmakers will need to gain the rights to use the score by obtaining the licenses through the copyright process. In this case, it’s also possible that the rights assignments could change later on, which could cause headaches down the road. Always make sure that you have the proper agreements and contracts in place before the composer starts working with the film production.
Also, the book Music Rights Unveiled: A Filmmaker’s Guide to Music Rights and Licensing from music supervisor and rights executive Brooke Wentz and music licensing consultant Maryam Battaglia has sections on working with a composer and building a budget for your film.
🎥 🎥 🎥