December 2021 - 66

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So, knowing your rights is really important. If
you own both sides, publishing and the master
recording side 100%, great, if you don't,
that's OK also, as long as you know who they
are. Don't use samples; don't send me anything
with samples or use another sample
from a recording. You know, hip-hop songs
where there are 47 writers and 32 of those are
on old songs that were sampled, and then
there are 14 different publishers, we don't
have time for that-it's too complicated.
Avoid samples. If you can't create it, don't
use it. And don't send it to me.
Oh, I'd like to say this. Here's the deal: If
somebody says, " I'd like to use your song, but
I only have X dollars, " don't get upset at that,
just say no, or say yes. It's better to say yes.
But don't get upset; you have the right, you
" But just know that music supervisors
-for the most part- don't have
time to play games; we don't need to
win. We are given a pie, and we have
to split the pie up amongst what's
needed. "
-Mason Cooper
own the song, and we use the song... I've been
dealing with this on a film I just finished, and
it was a major producer who co-wrote the
song that I'm using with an independent
writer. They both had questions about the
clearance sheet; they wanted to make sure
that it was not exclusive. They're always nonexclusive.
If I use your song, you could use it
in a hundred different projects. If I want it to
be an exclusive use where nobody else can use
it but me, I'm going to be paying you a whole
lot of money.
Which they will do on some of those shows that
are very music-driven, where they're going to
put out potentially like a cast album or something
like that...
If it's a main theme to a network show,
they're going to want to lock it in. But let's
say that it's 99.99999%, non-exclusive. You
are also-unless they specifically ask and
have a transfer of copyright-they are not
going to own your song. You own your song.
They're just renting it.
We're just renting it. So, the clearance is a
short form, a one-and-a-half-page form that
says, " If we use... You are not guaranteed
we're using it. But if we want to use your
song, you will allow us to use it under these
66 RECORDING DECEMBER 2021
terms. " So, you're giving us the permission,
you are telling us, " Yes, you may use my song
under those conditions and terms. Please
keep me posted if you do end up using it in
the final mix. " Now, before it's released, you
have to do a formal license, which is three or
four pages long and really doesn't say
anything different, just more legalese, and
then finish all whatever the terms are, if
there's a payment or whatever.
So, the clearance is the first step in the
process where, " I like your song and I think I
want to use it. I'm gonna ask for your permission
to make sure I have 100% of the rights
covered. If I use it, I'm allowed to use it,
you're not gonna say no. " But if you want to
get offended that somebody says, " I want to
use your song and pay you 14 cents, " don't
get offended, just say no. " No thank you. I'm
glad you like my song, but no. "
But they should understand where you are coming
from. Music supervisors don't get to pocket
leftover money that they've got in the budget.
So, if they've got 5,000 bucks an episode for
using music and they offer you 1,000 bucks, that
means they're probably going to license five
songs at 1,000 bucks a pop. That's just the going
rate for that budget for that show. And you
could always say, " Can we do $1,500? "
No problem to ask, because here's what could
happen, if you ask reasonably. If I said I have
$1,000 for this song use in this episode,
you're right, I'm given $5,000, it's a puzzle.
I'd have to have five songs at $1,000. One
might say, " Well, this is more featured [so I'll
have to pay more], but that restaurant is
gonna have two songs that could be anything.
I'm gonna pay those $500 each. " Whatever it
is, I can make my puzzle fit. If you say that
you really want $2,000 because there are four
writers, by the time we split it up-a legitimate
question, I'm either gonna say I don't
have it...
You're not playing hardball saying you don't
have it; you just don't have it.
Right. But if my director or showrunner at
that point says, " I love this song, " then I
might just go, " OK, you want $2,000; will you
take $1,500? " But now I'm going to have to
cut another song out and maybe find a library
song [that's less expensive] or a score piece or
do something in there. So, I have to fit the
budget.
It's OK to ask questions. You know, I told my
daughter this, " Everyone should be free to ask
questions, as long as you [the person asking]
accept the answer. " You might not like the
answer, but again, if you don't ask, you don't
get it. But just know that music supervisors
- for the most part - don't have time to
play games; we don't need to win. We are
All great stuff, Mason. People in the Chat have
said, " This is gold, " and they're absolutely right.
And for you and I, we go out to dinner or something,
and this is the conversation we have, the
two of us. We could talk endlessly, and hopefully
there's benefit in what comes out of these conversations.
Yeah.
You said something earlier on about
something that I have to " present. " Music
supervisors usually do not make the final
decision. But you develop relationships with
the director or showrunner over time if you
rely on us. Sometimes they'll give me a
gimme. You know, trust me on this. Maybe
for one of the scenes where they don't care
too much, or it's a background [song]. But
yes, you are presenting, your members will
present things through TAXI, who knows us
well enough to winnow things down. When I
get a playlist from TAXI, it's whittled down,
and we're usually close to 100% of those
songs that I get from TAXI are right within
that target. I've used some, I haven't used
some, but none of them are a waste of time
to listen to, because they've been targeted. I
may like these, but now I have to go to my
director. On a TV show, I can go to the
showrunner, but then the network is gonna
" We're usually close to 100% of those
songs that I get from TAXI are right
within that target. I've used some, I
haven't used some, but none of them
are a waste of time to listen to
because they've been targeted. "
-Mason Cooper
have something to say. So, there are a lot of
decisions that go along the way, so that is
why it's patience, patience, patience! Even if
we like your song, let it go through [the
process] and hope that it sticks at the end.
We've only got two and a half minutes left, and
we haven't talked about film. And we literally
have a real two and a half minutes.
Let's start from the beginning. [laughter]
No, let's not. [laughter]
Almost everything we said is true for film as
well as TV. The timeline is much broader, but
most of the music, unless it's performed on
camera, it's still post-production. So still at
the end, if they're going to shoot for 20 days
or three months or six months, and pre-production
was months before that, for the most
part it's still post-production. Once they have
Continued on page 69
given a pie, and we have to split the pie up
amongst what's needed. That's it. I mean, it's
kinda that simple.
December 2021

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