MUSIC GUIDELINES FOR COMMISSIONED PROGRAMMING
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INTRODUCTION Sky have blanket agreements in place with: These agreements enable our production partners to use both commercial and MCPS production library music in a large variety of scenarios. Any music that is cleared by Sky’s Music Licensing team under the terms of our blanket agreements is available at no cost to your production budget and is available for transmission on Sky Networks and Networked Media in UK & EIRE. For any tracks that cannot be cleared under our blanket agreements, we can offer clearable alternatives or can negotiate competitive rates on any licenses required. 2
SIGNATURE MUSIC Please notify the Music Licensing team if you would like to use commercial music for any of the following purposes: • Opening titles • End / start of part break bumpers • Closing credits Please ensure that any requests for signature music are submitted well in advance of programme delivery, as negotiating usage can take up to six weeks. Production library music can be used for signature music at no cost, subject to standard clearance checks. 3
MUSIC LICENCE REQUEST FORM BSKYB MUSIC LICENCE REQUEST FORM Background/Signature Music Date: Production Company Name & Address: Contact Person: Contact Number: Production Title: Production Synopsis: Track Title (& Mix): Artist: Library Catalogue Number: Scene Description: Context of Use + Duration: e.g. signature or background use Rights Required: Term: 5 years (unlimited transmissions) Media/channels: Sky Platforms Territory UK and Eire (including the Isle of Man and The Channel Islands) Number Of Episodes: (that track is to be used in) Any Broadcast Sponsor? If yes – used in/out of sync with the track? Clearance Deadline: Budget Available: 4
MUSIC CONSIDERATIONS All music to be placed within the main body of the programme (including performances, incidental music, music videos, production library music) must be submitted for clearance on the Music Clearance Spreadsheet. BE AWARE: • Contentious Use: use of commercial music in scenes of general bad taste; or with references to sex, drugs, nudity, religion, politics, violence; or to which we know artists are sensitive. • Sourcing Music: ensure you use only legal sources when obtaining audio, e.g. legal download sites, official CDs, record labels, Sky’s music department. • Editing / Changing / Distorting Audio & Mash-Ups: materially changing the audio of a track. • Artist Restrictions: subject to change. • Material sourced from production companies’ own music libraries must be MCPS members in order to be cleared under the terms of our blanket – please seek further advice. 5
MUSIC CLEARANCE SPREADSHEET Tracks cleared under Sky’s blanket agreement: all music is cleared on the basis of non-contentious background use; please provide an accurate scene description for this reason. If any part of the production is about a recording artist, please let us know in advance whom the artist is. Pending: further research or information is required to ascertain whether the track in question will be covered by Sky’s blanket agreement. Uncleared tracks: the rights in these tracks are not covered by Sky’s blanket agreement – however, if an uncleared track is editorially vital to your programme, please refer back to us so we can work together to find a solution or clearable alternative! 6
PERFORMANCES IN PROGRAMMING Commercially signed artists - performance waiver needs to be negotiated with the record company; Sky will do this on your behalf.* Cast, regular contributors & amateur acts – subject to what is contained within the production company’s wider talent agreement / contributor release documentation, Sky can provide performance waivers. MU members - Sky operate in accordance with the MU PACT agreement. If you use MU musicians, a fee will be payable and Sky will handle the paperwork on your behalf. Miming to commercial recordings is not permitted under our blanket agreements. The majority of karaoke backing tracks cannot be covered under our blanket agreements. Zoom Karaoke and Hot Fox are two exceptions we are aware of. We also have good relationships with Sunfly and Easy Karaoke, and can licence from them at a competitive rate. *Paperwork: during delivery please note in Silvermouse that the Music department7 can advise on paperwork secured on your behalf.
COMPOSITION ALTERATIONS Our MCPS blanket agreement specifically excludes most composition alterations, for example: • Lyric changes - changes to song lyrics cannot be broadcast without permission from the music publisher. • Re-records & re-arrangements – stylistically different re-records and re-arrangements will require publisher approval. The rights in new recordings must be assigned to Sky. • Parodies – parodies and artist imitations can be problematic and advice should be sought from the music department should these instances arise. Song lyrics – the reproduction of song lyrics on screen may require publisher approval and a licence fee may be payable. Sheet music – the reproduction of sheet music on screen may require publisher approval and a licence fee may be payable. 8
MUSIC VIDEOS / THIRD PARTY & ARCHIVE CLIPS Music videos - please provide ISRC numbers for all music videos to be cleared. These can be obtained from PPL’s website: http://repsearch.ppluk.com/ARSWeb/appmanager/ARS/main?cont=V Third party / archive clips - music already embedded in any acquired third party or archive clips need to: – Have the music rights included in the licence granted by the vendor; or – Be cleared under the terms of Sky’s blanket agreements so long as clip details are provided and full details of music embedded is known; or – Have the use approved by the musician / record label (in the case of live performance footage). Note: MU extract fees may be payable. Beware YouTube – please beware of sourcing clips from this site containing any type of music; contact us for further advice. 9
FILM SOUNDTRACKS The majority of film soundtracks cannot be cleared under the terms of our blanket agreement. Please state clearly on clearance requests where any tracks have been sourced from a film soundtrack. Silva Screen are a commercial record label that offer a number of clearable recordings of film soundtracks (as always, subject to clearance check): www.silvamasters.com. Please use Silva Screen recordings as a substitute for film soundtracks. 10
ADVERTISING & SPONSORSHIP There are restrictions with using commercial music in conjunction with: • Competitions • Call To Action • Voting Spots • Sponsorship • Product / Brand Logo Placement Should any of these arise in your programme, please refer to us for advice. If in doubt, please use specially commissioned music or SATV production music. 11
GRAND RIGHTS Please advise us if your programme is to contain any reference to opera, stage musicals or ballets, as the Grand Rights will have to be cleared accordingly. Please be aware of the following limited rights in association with the aforementioned: • Dramatico-musical works – dramatico-musical works can be included if they are shown in a non-dramatic context, e.g. without scenery, choreography, costume, etc, and subject to a 20 minute limit on excerpts from any one work. This applies to either one programme or throughout the series. Likewise, complete acts of dramatico-musical works cannot be utilised. • Potted versions - “potted versions” of works are prohibited. • Ballets - there is a 5 minute limit on excerpts from ballets. 12
SPECIALLY COMMISSIONED MUSIC If you are intending to commission a composer to compose music for your production, it is imperative that you contact the music department prior to engagement. Sky requires a full buy out of the master recording and for the publishing to be assigned to SATV, as per the terms of your production agreement. Please contact Sue Hepworth (sue.hepworth@bskyb.com) or Geoff Cox (geoff.cox@bskyb.com) regarding all music commissions, who can provide you with composer show reels, advice regarding commissioning fees and will handle all issues surrounding the acquisition of rights. Please note it is not advisable to allow a member of the production team to compose music for your programme; please get in touch if this is something you are considering doing so we can advise further. 13
SATV PRODUCTION MUSIC SATV Production Music is Sky’s preferred source of production music: • Fully cleared for use in your production for worldwide usage in all media for perpetuity • Guaranteed high production values and commercial-sounding quality • Minor amends available on request at no cost • Stems available for our newer catalogue Please visit satvmusic.com to access and download the catalogue (CDs are also available upon request). For catalogue searches and playlists contact: music.library@bskyb.com For special requests and exclusive tracks contact the SATV team: geoff.cox@bskyb.com / sue.hepworth@bskyb.com 14
MUSIC CREATIVE TEAM Music Supervision Services • Dedicated music creative team who specialise in sourcing music and providing creative input on music use in all areas of programming and promos across Sky content • Look after a music library containing over a million songs • Maintain excellent relationships with major and independent labels, publishers and individual rights holders; enables exclusive early access to large range of new music • Providing a tailored service to meet all creative music needs for Sky channels, promo teams, joint venture partners (such as Comedy Central and Nickelodeon) and independent production companies Examples • Track suggestions for signature and background music (including suggesting alternative tracks where original tracks are unclear or problematic) • Creation of playlists around themes / genres • Working to brief 15
THE TEAM Every production company will be assigned a Music Coordinator who can be contacted at musiclicensing@bskyb.com or on the numbers below. Alex Kennedy Head of Licensing 020 7032 4011 Zoe Hewlett Deputy Head of Licensing 020 7032 4014 Jenny Gosling Louisa Rainbird Music Licensing Music Licensing Executive Executive 020 7032 4017 020 7032 6873 Mandy Moore Ray Campbell Ruth Donegan Music Coordinator Music Coordinator Music Coordinator 020 7032 4021 020 7032 4024 020 7032 4023 16
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