From my experience in the music licensing industry, I've seen a few misconceptions that can lead to confusion wen it comes to securing rights for projects.

Classical Music is Free to Use or Requires Fewer Rights - Recently, I've seen articles written and social media comments suggesting that classical music in the public domain is free to use, with the claim, "Use classical music because it's typically easier to license and requires fewer rights to clear."

Here's the truth:

• Public Domain Compositions: Classical compositions that were written long ago (Bach, Mozart, Beethoven) are typically in the public domain, This means that you don't need to obtain permission from the composer's estate or their publisher to use that composition itself in your project.
• Master Rights: However, the recordings of these compositions (for example, by the London Philharmonic Orchestra) are likely protected by copyright. These master recordings are owned by the entity that recorded them, and you must clear the rights to use these specific recordings in any synchronization (synch) project.
• Synch License: When licensing music for use in audiovisual media (film, TV, or commercials), you'll need two types of licenses: A synchronization license from the publisher, which could be clear to use if the composition is in the public domain. A master use license for the specific recording.

While a public domain composition of classical music may be free to use, the master recording, usually isn't. Proper clearance of the master rights is essential to avoid copyright infringement when synching classical music with media. The misconception about classical music being easier to license could lead to legal issues if the master rights aren't properly addressed.

The Misconception About Licensing Older, Lesser-Known Tracks - When it comes to licensing music for a project, there's a common belief that older, lesser-known songs are easier and less expensive to clear. This idea often arises from the assumption that if a song isn't currently topping the charts or isn't as widely recognized, it must be more affordable or less complicated to use. However, this misconception overlooks a few key elements that can influence the licensing process.

Here's the truth:

• The Value of Older Music: While it's true that some older tracks may not be as high-profile today, it's important to remember that many of these songs still hold significant value. For instance, iconic songs from past decades often come with a rich history and a loyal following. Whether it's a 60s rock song or a smooth 80s ballad, these tracks often still evoke strong emotions and resonate with audiences, which makes them valuable assets in the eyes of a publisher. For major publishers, the brand they've built around their catalog is just as important as the music itself. Music that has stood the test of time is a key part of that identity, and clearing these songs often involves navigating complex negotiations. Even though these songs might not be in constant rotation, they still carry cultural weight, and as a result, the cost of clearing them often reflects that value.
• The Role of the Publisher: It's worth considering how a publisher's brand and reputation factor into the licensing process. Publishers invest heavily in building and protecting their catalog's value. A lesser-known track with a strong publisher backing it will likely be priced accordingly, as the publisher needs to ensure that the rights holders are fairly compensated. The publisher's role is to protect the integrity and value of the catalog as a whole, and underpricing a track could devalue the entire brand, In fact, many publishers prefer to maintain a consistent pricing structure for all their songs, regardless of whether the song is a chart-topper or a hidden gem.
• Why the Misconception Persists: Part of the reason this misconception persists is because of how music is marketed and perceived. The notion that older, obscure tracks are "cheaper" comes from the assumption that their lack of exposure makes them less valuable. Pricing is influenced by a variety of factors, including rights ownership, publisher policies, and the historical significance of a song. The value of a song, no matter how well-known it is, is determined by a mix of its creative appeal and the rights involved in it use.

Performance Royalties Will Impact My Budget - A common misconception among producers is that performance royalties will affect their project's budget. Some assume that when music is licensed for use in a TV show, film, or commercial, the production company will be responsible for paying royalties every time the music is broadcast, streamed, or publicly performed.

Here's the truth:

• Who Pays Performance Royalties? Performance royalties are typically paid by the broadcaster, streaming service, or venue hosting the public performance, not by the production company. These payments are managed by performance rights organizations (PROs) such as ASCAP, BMI, or SESAC, which collect royalties on behalf of songwriters, composers and publishers whenever their music is performed publicly.
• Licensing Fees vs. Royalties: When you license a track for your project, you're paying a one-time licensing fee to use the music in your specific production. This fee covers the synchronization rights to pair the music with visual media. If your project is broadcast or streamed, the broadcaster or streaming platform will handle the performance royalties as part of their obligations to PROs.
• No Ongoing Payments for Producer: For production companies, this means there are no additional royalty payments to worry about as part of your licensing agreement. Once the synch license is secured, you won't need to budget for any ongoing royalty obligations.

By understanding this, producers can avoid the confusion that performance royalties will eat into their budgets and rest easy knowing that these payments are the responsibility of the broadcaster or platform, not their production company.

If there's ever any doubt, it's always a good idea to consult with a music supervisor, music clearance expert, or musicologist. While licensing music can be complex, it shouldn't discourage you from using powerful, inspiring compositions, that bring your project to life. With the right guidance, navigating the process can be seamless, allowing you to enhance your storytelling with unforgettable music.