A Guide to Music Costs and Notes

Transcription

1 A Guide to Music Costs and Notes Revised 31 st January 2018 These notes replace those issued on the 9 th January 2018 and are for general guidance only please refer to your production agreement for more details. INDEX A. Channel 5 s Agreements With The Collecting Societies Page 2 1. PRSforMusic (MCPS Rights) Page PPL Page 3 3. Musicians Union Pages VPL Page 4 B. Channel 5 s Production Music Libraries Pages 5 C. Music Paperwork and Channel 5 Contact List Page 6 D. Industry Contact List Page 7 Please note that the IPC rates for commercial music will be changing on 1 st April The new rates will apply to any programmes delivered on or after 1 st April. Channel 5 to clear 2 broadcasts (30 or part thereof) will cost 101. For 3 broadcasts it is Star/Spike/5USA/5Select to clear 2 broadcasts on each of 8 different play weeks will cost 82 per play weeks will cost 164 Following on from the first 16 play weeks a 50% discount is applied for every additional 8 play weeks. e.g. 16 play weeks costs 164 and an additional 8 play weeks costs 42. Total fee for 24 play weeks is 206 1

2 A. Channel 5 s Agreements With The Collecting Societies 1. PRSformusic (MCPS Rights) Synchronisation of Commercial Music in Programmes: Channel 5 does not have a blanket agreement for the synchronisation of commercial music. However under the PRS for music Independent Production Company ( IPC ) scheme, Producers are able to synchronise commercial music into their commissioned programmes when they sign up to the IPC blanket agreement scheme. Subject only to the exclusions overleaf this covers the use of commercial music included in live performances, commercial records, compact discs, videos and programme/film clips. (For further guidance please go to Please note: These rates apply for the current term. CHANNEL: RATE: TRANSMISSION TERM: Channel 5 97 per 30 seconds or part thereof Any transmissions exceeding the first 3 are cleared under the new Channel 5 PRS blanket. The Producer will therefore clear for a maximum of up to three transmissions. 2 UK transmissions = 97 3 UK transmissions = UK transmissions = CAPPED AT For these purposes a transmission means any Channel 5 TX, whether a Licensed Transmission (1 transmission) or its associated Narrative Repeats (2 transmissions) + / 30 days for Video On Demand continues. 5 USA / 5 Star / Spike / My5 Please note that: 79 per 30 seconds or part thereof The standard terms are 8 play weeks with a maximum of 2 transmissions per play week and + / 30 days for Video On Demand. 16 play weeks will therefore cost 158 per 30 seconds. i) Producers will clear and pay upfront for a maximum of 3 transmissions. Any additional transmissions are covered by the new C5 PRS blanket agreement. ii) Transmissions for our Plus One channel are covered by Channel 5 s PRSformusic blanket and therefore there are no additional synchronisation fees for producers to pay. iii) The licence applies to the number of play weeks and transmissions on our channels. There is no longer a fixed term of years that these play weeks / transmissions are restricted to. iv) The IPC rates include the rights for Channel 5 programmes on our Demand 5 (VOD) website for + / 30 days. This right is extended to the term of the Channel 5 s PRS blanket agreement. Exclusions to IPC blanket: For the full list of exclusions please check your IPC agreement. i) Titles / end credit sequences. ii) Other legal exclusions: e.g. the use of music in a deliberately derogatory, obscene or demeaning way to its composer, author or performing artist. iii) Advertising and sponsorship. iv) Excluded list of works check the PRSForMusic website or with the IPC team for more details. Please note: For any musical works that are not covered by the IPC agreement it is the producer s responsibility to obtain the necessary synchronisation rights from the publisher or copyright owner. 2

3 Other Issues: For music defined programmes, you should consult Channel 5 Music Services. You should also consult the IPC team at PRSformusic and discuss the option of a music programme licence. 2. PPL Channel 5 has a blanket licence for the dubbing and broadcasting of commercial discs into programmes produced for our channels. The principal limitations on the use of discs/records under the PPL blanket licence are as follows: i) They should not be used as signature tunes without the prior written consent of therelevant record label, except for programmes which have only one or two episodes; ii) There should be no mixing, remixing, manipulation or other adaptation of recordings; iii) The context of use should not be such as to be detrimental, defamatory or prejudiced against the iv) artists featured on the recording; There should be no association with a particular product, service or sponsor; unless in each case prior written consent is obtained from the relevant company. v) No licensed recordings by The Beatles and John Lennon can be used without the prior permission of the relevant PPL record label or PPL FILM SOUNDTRACK MUSIC The use of specially composed music from original film soundtrack recordings is not permitted unless the music has been re recorded by another record label (e.g. Silva Screen Records). Please note: Producers need to check that the disc is manufactured by a PPL member label if the manufacturer is not a PPL label, the producer must clear the recording with the relevant record company. 3. Musicians Union Clearance for the consent of the musicians performances contained on: a) COMMERCIAL DISCS: If you are using a commercial record/disc, you will need to check with the MU in the first instance to ensure that the consent of the session musicians whose performance is contained on the record/disc has been obtained for the purposes of broadcast on Channel 5. The consent may be obtained through the MU in accordance with Appendix C to the Musicians Union/PACT agreement effective from 1st January The payment is currently per 30 seconds or part thereof of a commercial audio recording included in any programme. b) LISTINGS PROGRAMMES: Reference: MU PACT January 2018 Listings Programmes Clause 19 Items may be recorded specifically for transmission in named programmes either: Under the terms of the Musicians' Union News Access Code of Practice (no fees payable) where applicable and by prior agreement with the Union OR As promotional non simultaneous inserts whereby items may be recorded specifically for transmission in listings programmes from productions rehearsed and produced by other organisations. Provided that the total period of recording is not more than 1 hour in duration in which an item of not more than 2 minutes is produced for transmission a fee will be paid for inclusion in a National or Regional listings programme. All further repeats will be paid at 60% of the original fee. The fee is For items in excess of 2 minutes up to a maximum of 10 minutes the Musicians must be engaged under the provisions of Clause 17 (Short Items). Further uses may be acquired in accordance with Clause 36. 3

4 C) ARCHIVE CLIPS (Concerts, festivals, gigs): Reference: MU PACT January 2017 Extracts from existing Audio Visual Material Clause 20 Illustrative use The Producer may use extracts in new programmes which incorporate Musicians performances in programmes taken from any source other than advertisements. Each extract must not exceed 2 minutes in duration and the total duration of extracts used in the programme must not exceed 6 minutes per 30 minute programme slot. Payments Up to 2 minutes per extract i) Religious and Educational programmes background or featured use. Fee is per extract paid to MU Benevolent Fund. ii) Any other programmes extract background/incidental to the action fee is , where extract is featured and appears in full screen the fee is High content use: Where extracts exceeds 6 minutes per 30 minutes or 12 minutes in a one hour programme slot length and the programme is not a compilation programme the payment is per clip of up to two minutes. Please note that a maximum of ONE clip extract in 5 may have a duration of up to 5 minutes all other extracts shall not exceed 2 minutes each in duration. Rights: On payment of the extract fees above the producer shall be entitled to incorporate the extracts into the programme and to acquire use of the programme throughout the world in all media in perpetuity. 4. VPL Channel 5 has a blanket agreement with VPL which covers the broadcasting of short form music promotional videos. Please note that the music contained in these videos will need to be cleared separately under your IPC agreement with PRSformusic. The musician s performances in music videos are pre cleared. Here is a summary of restrictions which apply to the use of music videos: i) There should be no use in connection with product endorsement or sponsorship; ii) There should be no use which might be considered contrary to public policy or derogatory or excessively critical of the artist, unless specific consent is obtained from the artist s management; iii) There should be no mixing, editing, adaptation or other manipulation of videos in any way so that the sounds or visual images on the videos are changed or altered. Please note: For any videos not registered on the VPL website or covered by VPL it is the producer s responsibility to obtain the necessary synchronisation rights in the video soundtrack from the record company who owns the rights in the video. 4

5 B. Channel 5 s Production Music Libraries EPIDEMIC SOUND Channel 5 s deal with Epidemic Sound expired in MCPS PRODUCTION LIBRARY MUSIC Producers can use repertoire from any MCPS registered production library. The rights clear for all media worldwide and in perpetuity. For contact details either consult the MCPS IPC team or check the PRSformusic database under Production Music. Click this link and scroll down the page for the list of MCPS registered libraries: Please note: MCPS Production Library Music can be used as signature and background music, and is cleared all media, worldwide and in perpetuity. PRS ONLY MUSIC LIBRARIES MASSTRAX MUSIC LTD Masstrax is a catalogue of emerging/unsigned UK artists who are regularly receiving airplay on the country's biggest radio stations (BBC Radio 1, BBC Radio 2, BBC 6Music, BBC 1Xtra, XFM, Kerrang!, NME Radio & Q Radio amongst others) & are regularly playing major UK/European music festivals (Leeds/Reading. Glastonbury, Latitude, The Great Escape, T In The Park etc). The Masstrax catalogue is currently being used on a daily basis on TV productions worldwide on shows such as Hollyoaks, Made In Chelsea, Skins, Gossip Girl, The Real L Word, Parenthood, Heart Of Dixie & many, many others. Instrumentals are available and the team will happily collate playlists for your project. Please note: This catalogue can be used as signature and background music and is cleared worldwide and in perpetuity. Website: Simon Pursehouse: simon.pursehouse@sentricmusic.com / / SYNCTRACKS LTD Synctracks is a brand new London based production music library that launched in July Our catalogue includes a wide selection of contemporary music from a range of well established TV, Ad & Film composers as well as bright new talent. Included in the collection is over 800 classical live recordings of orchestral, solo instrument, choral and operatic works. We have over 90 albums worth of contemporary content to date and our catalogue is expanding rapidly so there is always fresh and exciting music for your productions. Register an account and get access to all the tracks. Please note: This catalogue can be used as signature and background music and is cleared worldwide and in perpetuity. For reversioned programmes, please contact Synctracks direct. Website: Yael Bensoussan: Yael@synctracks.com / Channel 5 does not have a blanket agreement with Audio Network for programmes made by independent producers. However, as long as you have a valid licence in place with Audio Network, you can use their music in programmes that you deliver to Channel 5 provided no cost is charged back to Channel 5. AUDIO NETWORK LIMITED As of October 2015 Audio Network stands at 100,000 tracks in every conceivable style, composed by over 450 composers many of whom are well known. The music is of an exceptionally high standard and is recorded at Abbey Road and Air Studios with the Royal Philharmonic Orchestra & other major bands and ensembles. We also record authentic music all over the world, most especially in Nashville, New Orleans and Chicago. The company is growing fast with around new albums released every month. We continue to make substantial investment in new music and live players. Website: Rebecca Thomas: r.thomas@audionetwork.com /

6 C. Music Paperwork It is vital that you complete our music cue sheet and music rights page accurately and on time as Channel 5 has a legal obligation to each of the collecting societies to fully report the use of music. Music paperwork is part of the programme delivery requirements and should be submitted at the same time as the programmes are delivered. Please note that part of Channel 5 s production contribution may be retained until we receive full and accurate paperwork. REPORTING AND DELIVERING MUSIC PAPERWORK Channel 5 now require music cue sheets to be submitted on the Viacom Q system only. We will no longer be accepting any cue sheets via PCIS. Please note Music Rights information will still need to be reported on PCIS. MUSIC CUE SHEETS For reporting cue sheets on the Q system, contact allinmusicservices@channel5.com for your login and to arrange a training session MUSIC RIGHTS PAGES If you are new to PCIS: click Sign Up at the bottom of this page: If you are already on PCIS: postproductionpaperwork@channel5.com to get new programmes added to your login on PCIS D. Channel 5 contacts MUSIC SERVICES Martin Price Head of Music martin.price@channel5.com Barry Punt Deputy Head of Music Barry.Punt@channel5.com Charlene Walkington Music Coordinator Charlene.Walkington@channel5.com PROGRAMME MANAGEMENT To get your programmes set up on PCIS and also for any non music related PAC queries, please contact Programme Management postproductionpaperwork@channel5.com Paul Kearney Production Content Manager Paul.Kearney@channel5.com Olivia Wood Production Team Assistant Olivia.Wood@channel5.com 6

7 E. Industry Contact List EXTERNAL CONTACTS: CHANNEL 5 MUSIC PUBLISHING Iain Mackay (Administered by Universal Music Publishing) Emma Vincent EPIDEMIC SOUND Nancy Saleh nancy@epidemicsound.com MASSTRAX MUSIC Simon Pursehouse Simon.Pursehouse@sentricmusic.com MUSICIANS UNION Michael Sweeney Michael.sweeney@themu.org PACT SWITCHBOARD PPL VIDEO STORE PPL / VPL Sacha Fernando Sacha.fernando@ppluk.com PRSFORMUSIC IPC TEAM: Paula Adams Paula.Adams@prsformusic.com IPC Team Hunt tvprogrammes@prsformusic.com Please speak to a member of the IPC team and they can confirm the contact details of your account manager. Daniel Partridge Duncan McEwan Louise Baldwin Sian Jones Tom Williams SYNCTRACKS Yael Bensoussan Yael@synctracks.com Samantha McKenna Samantha@synctracks.com Please note: These notes are for general guidance only and do not remove any particular obligations required of producers under production agreements signed with Channel 5. 7