Duke’s Note: This is an excerpt of Part 3 in a series of posts by Paul Chodirker, an entertainment lawyer at Heenan Blaikie LLP in Toronto. He is also featured on the “law boys” radio segment which can beheard every Wednesday night on the Toronto-based radio station, 102.1 The Edge.

Limited Media and Internet Rights

The film or television producer is going to want to use your song in all forms of media. So, the licenses they have you sign will most likely contain a clause which states that the song can be used in any and all media. Basically, this means that the producer can use your song in a film or television program that is released theatrically, over the internet, through video-on-demand, free TV, etc. – all media – get it? This is very standard and a producer will unlikely agree to anything unless they can exploit the song in all forms.

Terms of Rights

A producer, unless they are receiving very bad legal advice, will never license use of the song for a limited period of time (e.g. 10 years). They will almost always ask for a perpetual license. This allows the producer the right to use the music forever, or for the duration of copyright. Otherwise, they will have to renew the music license when the term expires, which they don’t want to do.

Read more at Know the Music Biz

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