Get Your Songs Ready for Music Supervisors

Get Your Songs Ready for Music Supervisors

by Susan Basko, JD.

The other day, I attended a meetup with several top music supervisors - the people who help choose songs for movies, television, and ads. One thing discussed was Clearance -- the need to be able to legally clear your song quickly and surely. If your song cannot be cleared quickly and easily, the Music Supervisor has to skip your song and move on with others that are easy to clear.

That's because Music Supervisors have to move quickly and often there is very little time after a show is edited to the placement of songs to the time a show is turned in for airing. If you do not have your legal ducks in a row, they are forced to move on without your music. Don't waste your time pitching your music if you don't have your legal work done right so it cannot be cleared.

The WAY to make your song easily clearable is to have ALL your legal paperwork completed and ready. This means that you have CONTRACTS all signed with everyone who was involved as a musician or producer. It means you have the COPYRIGHTS already registered on the songwriting (if you own it) on the music and lyrics, and on the SOUND RECORDING. If it is a cover song, it means you already have the licensing from the songwriter(s) and their publisher. If you have used any beats, loops, or samples from anyone else or from any existing recording, you need to have contracts signed that clearly give you license to use those.

I AM A LAWYER AND I DO THIS KIND OF WORK. I write the contracts that are exactly correct for your situation. I register the Copyrights. I advise musicians so their paperwork is done perfectly in advance so they do not miss any synch placement opportunities.

It is now taking about 4 months to get a US copyright registered on a song. Copyright law is such now that the registration must be fully completed, meaning you must have the certificate in hand. So you have to be prepared well in advance if you are going to be sending your songs out to Music Supervisors. You need Copyrights on your Sound Recording and on your Song Writing -- completed and done properly. You need a Contract signed with every single person who was involved in the creation of that Sound Recording.

That's what I do. Feel free to email me if you want to discuss. Suebaskomusic@gmail.com

Sue Basko, Lawyer Bio

Sue Basko is a lawyer in California, Illinois, and is an attorney and counsellor of the U.S. Supreme Court. She works in law for music, film, design, indie journalism, protest law, and land use planning. She earned a Juris Doctorate graduating magna cum laude. She has a B.A. in Film and Video and attended graduate school in Radio/ TV/ Film with an emphasis on digital production, media law, and management.

She has produced and directed hundreds of low-budget TV shows and videos, as well as doing video, audio, and lighting tech on many large-scale events. She made shows for such organizations as Chicago Public Libraries, Chicago Public Schools, National Strategy Forum, Art Institute of Chicago. She hired crews and handled budgets. She directed tech on a large scale rave style dance floor, with special effects and computer-controlled lights. She worked staff at Northwestern University School of Law with the classes in Trial Practice, Trial Advocacy, Negotiations, and National Institute of Trial Advocacy (NITA).

Susan Basko assisted with a 2012 study conducted by OSCE-ODIHR (Organization for Security and Cooperation in Europe, Office of Democratic Institutions and Human Rights). She participated in a summit of many nations in Vienna, Austria, where her legislative proposals regarding independent media use in protests/ public assemblies were adopted and sent to the 70+ member nations.

Recently, she attended a semester-long seminar course taught by Deray McKesson of Black Lives Matter fame at the University of Chicago Institute of Politics. She also participated in Harvard University's School for Resistance.

CONTACT easily by email:
suebaskomusic@gmail.com

Terms of Service for Your Website

Terms of Service for Your Website

by Sue Basko

If you have a website that offers any kind of interaction or service, you need a Terms of Service (TOS) or  a Terms of Service and Use (TOSU).  The terms are interchangeable, but TOSU tends to list the responsibilities of the user in greater detail.   Here, we will call them both TOS.

The TOS forms a legally-binding contract between the site owner and the user.  It is also possible that violation of some TOS may be violations of the Computer Fraud and Abuse Act (CFAA), the Federal Criminal statute that lists computer crimes.  

Therefore, because of the incredible importance of the TOS, the TOS should be:

1. Written by a lawyer.
2. Written by a lawyer who knows internet law.
3. Written by a lawyer who can write well.
4. Written specially for your site.
5. Written in clear language that can be easily understood by most everyone.
6. Available on the site to be viewed by the public, before joining or paying anything.
7. Not posted as a scroll and click.
8. State some method of agreeing with the contract.  This is often by using the site.
9. Posted in big enough font with plenty of spacing and appropriate numbering.
10. Not contain extra verbiage or repetition.
11. Be divided into pertinent sections with useful titles. 
12. Written after the website is ready for launch, but before it is launched.
13. Written by the lawyer after viewing and using the site and discussing with site owners.
14. Updated frequently to address changes in the site, changes in policies or practices, or concerns that have arisen through use or abuse of the site.
15. Every TOS is tailor-made for that site and service.
16. Some sites may have multiple TOS to address different types of users or segments of the service provided.
17. A TOS is never completed; it is constantly growing and changing.
18. A TOS represents a significant, necessary, ongoing legal expense.   
19. The TOS should be adequately budgeted for.  It is a start-up cost and an ongoing cost for the life of the site.

The TOS should address these and many other topics:

1. Copyright ownership of any user materials.
2. Copyright ownership and use of site materials.
3. Allowable use of the site.
4. Disallowed uses of the site.
5. Dispute resolution, remedies, liquidated damages.
6. Conduct and speech of users. 
7. Privacy policy and compliance with privacy laws.
8. Subpoenas and queries from legal entities and how these will be handled.
9. Explanations of costs and payments for using the site.
10. Explanation of what the site provides; disclaimers. 
11. DMCA information.
12. Contact information.

When I write a TOS:  First, I have to see the site and work with it, play around a bit and see how it is functioning.  I will have many questions. Once I think I have a good grip on what the site does and how the users will interact with it, I will write  a draft TOS.  After that is looked at, I will make needed changes.  Then, as the site is used and difficulties or abuses arise, and as any proposed changes are to be made to the site or policy, I will be informed promptly. Then, I will update the TOS to reflect this added knowledge or the changes.  Maintaining a good TOS is an ongoing process that spans the life of the site.