MUSIC FOR YOUR MOVIE

Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.

MUSIC FOR YOUR MOVIE: DOs and DON’Ts

Picture this. You are watching a Yoruba ‘epic’ movie. It’s an ancient war scene set in a local village in Ondo State of Nigeria, and suddenly, the voice of Celine Dion breaks out “Gonna stand by your side noooooow, let me kiss all your tears away…”

No, your sister didn’t just put her phone’s music player on the loudspeaker mode. It’s the part of soundtrack of the Yoruba epic movie you are watching. Yeah, yeah, I know it’s not that bad anymore, but I had to get your attention somehow.

Dear people of Nollywood, we are talking movies + music today. Never underestimate the role of a soundtrack in a movie. In fact, in Hollywood and Bollywood, it is not unusual for a movie to have its own soundtrack album, released separately from the movie.

Let’s understand how to properly acquire music for your movie.

At the onset, let’s distinguish between the music on the soundtrack of a movie that has already been produced and the music that is not yet on the soundtrack of a movie. Both are musical pieces that are protected under the Copyright Act. However, they are protected differently. The music on the soundtrack of a movie is protected as part of a cinematograph film, as it is included in its definition in section 39 (1). The music that is yet to be on a movie soundtrack, however, is protected as a musical work. It is this musical work that is sought to be used that we are concerned with here.

To obtain music for your movie, you have two options:
1. Use already existing music that has been sung and recorded.
2. Create fresh and completely original music for your movie.
Or you can take both options.

Existing Music

If you’re using existing music, bear in mind that the musical piece is a protected work under the Act. Section 5 (1) (a) grants the holder of the copyright of a musical work a number of exclusive rights in the work which includes reproduction, publishing, performance, distribution, broadcasting, adaptation, making of a cinematograph film or record in respect of the work, or doing all of the foregoing in relation to the translation or adaptation of the work.

It may be quite tricky to ascertain who owns the copyright in a song. It may have been written and composed by Mr. Lagbaja and recorded by Mrs. Tamedun of One-Nigeria Record Company. If you want to use the lyrics and composition of the song and get your own sister, Nightingale, to sing it, you’ll need to ask Mr. Lagbaja for a license. This license is called a synchronisation license (synch license).

If, however, you want to use the song as sung and recorded by Mrs. Tamedun, you’ll need to get a master use license from One-Nigeria Record Company to use this specific recording, in addition to getting a synch license from Mr. Lagbaja. In Nigeria, however, all this grammar may not be necessary as it is usually the same person that writes a song and records it.

It’s prudent to make certain that neither Mr. Lagbaja nor Mrs. Tamedun has infringed the copyright of another person entirely (a third party) in writing or recording the song, so you’ll not get ‘implicated’.

Whichever license you get, whether it’s a synch license, a master use license, or both, ensure that it gives not just the right to reproduce and use the musical work on your movie but also includes further rights of publishing, performance, distribution, broadcasting, etc. It may also be clever to envisage the possibility of developing a soundtrack album in the future.

Original Music

You may decide to go the route of producing your own fresh music for the movie. This is especially preferable if you are working with a low budget. You could get a good songwriter to write the song, and beg your choir leader to sing it for you. It’s also possible for you to get a song that is already in the public domain (i.e. a song for which the copyright protection has expired), this means no licenses, no royalties.

It’s generally cheaper to get an unpopular singer to record the song for you. However, if you must use a popular musician, you should ensure that he/she is not under an exclusive recording contract with a record company, or else the record company’s permission will be required.

It’s advisable to insist on a contract between you and the person who is writing/singing/recording the music for you which names you as the owner of the copyright in the music. This is because under section 9 of the Copyright Act, this writer and/or singer would be the owner of the musical lyrics and composition or recording, unless such a contract exists. Ensure that it is a work for hire under the contract, that way, the copyright belongs to you.

Any option you choose, don’t forget that you have to do this for every musical work you use.

Tiresome, isn’t it? Getting an entertainment lawyer isn’t such a bad idea, after all.