Heard But Not Seen: How Indie Songwriters Can Make It Big On-Screen
Landing a song in a national commercial, TV show, or film can provide both a financial pick-me-up and immeasurable and immediate exposure.
By Ellen Mallernee
A man walks into an office elevator, and on his shoulder there’s a monkey snacking on dandruff. The other man in the elevator shirks away, dismayed. The tagline in this Garnier Fructis Anti-Dandruff Shampoo commercial: There’s a better way to fight flakes. Somehow the scene-stealer in the 30-second spot isn’t even the hungry primate; it’s the catchy song that plays as the flake-afflicted protagonist navigates his workday. Called “Evolve,” the tune belongs to The Non-Commissioned Officers, a Nashville indie-rock band that’s garnered lots of attention because of the commercial. That’s because, whether Garnier Fructis likes it or not, the lyrics “We’ve been best friends for oh so long now…” march along in the brain far longer than the company’s marketing slogan.
“The placement [of “Evolve”] has definitely caused some ears to perk up,” says The Non-Commissioned Officers guitarist Cheyenne Medders, fresh off the stage from the band’s first gig on the Grand Ole Opry stage. “The blogs are lighting up, and a lot of people have said they love the song.”
Landing a song in a national commercial, TV show, or film can provide both a financial pick-me-up and immeasurable and immediate exposure for indie bands like The Non-Coms. In 2007, Apple trumpeted its new iPod Touch with a 2007 commercial featuring “Music Is My Hot Hot Sex,” a song from the debut album of then-unknown Brazilian band CSS. With an emphatic electronic drumbeat and naughty pop lyrics, the song became the fifteenth most downloaded song in the U.S. within just two weeks of the spot’s premiere.
Los Angeles-based Gabe Hilfer — a music supervisor for consulting and clearance company Clear Songs — says he always has an ear out for new bands to include on his soundtracks. As the music man behind blockbusters like The Wrestler and Sicko and TV shows like Treme and Entourage, Hilfer has the power to align the stars for a no-name band.
“I’m always interested in working with lesser-known artists,” says Hilfer. “Sometimes projects call for big, well-known songs, and those are an important part of what we do, but finding a great track by a lesser-known artist that works for a scene is in many ways a more rewarding experience.”
Hilfer warns that licensing a song to a film doesn’t normally mean overnight success. If it’s a small project or if the song doesn’t play for very long in a scene, it might not yield many new fans or enough money to write home about. But it can still be an important step in the right direction, says Hilfer. “What I would keep in mind is that the music is getting out there, and we also tend to remember who we’ve had good experiences with and may think of them for the next project which might not be as constrained in terms of budgets.”
The best way for a band to get its music into the hands of Hilfer or someone like him? Go the old-fashioned route. “Put a CD in the mail,” says Hilfer. “I prefer to listen to music that way.”
One last thing: When it comes to peddling a product, bands tend to agonize over whether or not they’re “selling out.” Medders says that’s only cause for concern when a band starts to sound unlike itself — or too much like someone else — for the sake of a dollar.
“Make music that makes your heart pound and your skin tingle and sets your soul on fire,” says Medders. “Then, both humbly and confidently, hand it to the people that publish and pitch. If the music has won you over, chances are it will win somebody else over too.”
Posted Nov 22, 2010
Member Comments
A good tune can do a lot of marketing if it gets a chance to be heard. Just by hearing it people wanted to own it and it became the 15th most downloaded. In competition with all the thousands of songs being pushed by all other modes, a dandruff commercial got the Non-Commissioned Officers heard. But it must be the qualities of lyric and melody and arrangement and production that made people want to own it. I can’t wait to see the commercial again so I can pay attention to the soundtrack.
http://www.youtube.com/watch?v=9Q14NxCIjdc
Here’s the song. I see why it became the #15 highest download. The lyric is clear, very conversational, and well-executed vocally, simple accompanying arrangement.
Hi there,
Just want to know about what happens in a company like clearsongs-
1, do they get to keep part of an artist’s money from the use of his/her song? and if so how much?
2, do they get to own any part of the publishing share and/or writer share of an artist’s song?
3, do they do the work of issuing and negotiating licenses for the right(s) to use an artist’s song?
4, do they get to own any right in the actual sound recording? and If yes how much of the right(s)?
Thanks alot in anticipation of your reply!
I believe this would be accomplished under a ‘Syncrhonization License’ wherein the owner of the work signs a contract to license the use of he work in a film or TV show or commercial ad. http://www.johnbraheney.com may discuss this. http://www.amazon.com may have his book, “The Craft and Business of Songwriting.”
I believe the contract is usually for a one-time fee, negotiable as to amount. But, as Ellen Mallernee’s article shows, the potential for exposure of your song, and you as a songwriter and publishing company supplying the demand for such use, and other consumption, may make that the more important benefit.
So, in answer, just as a layman, not a lawyer or anyone with actual experience, I’d say, in answer to
#1, No. They pay you. Your membership in a Performance Rights Organization, like http://www.bmi.com (BMI), would collect any royalties earned in airplay or other uses. But those would be separate from the use in a TV ad, which is covered by the one-time fee of the Synch. License.
#2, No. No surrender of any share of Publishing Royalties or Songwriting Royalties is necessarily part of the contract, although that may be part of the negotiations you (and your lawyer) may need to consider, if they ask for it.
#3, The contract is with you and that entity for a one-time use, unless negotiated for multiple uses. They would not have authority to sub-license it to a third party, unless the contract has such a provision. Remember, anything in a contract, entailing ‘an offer’ and ‘an acceptance’ is the deal. The parties to the contract are legally bound to perform or supply whatever ‘consideration’ each agrees to by signing. So read carefully. Consult a lawyer before signing, especially if you can find one versed in Entertainment Law, as opposed to criminal law.
#4, You need not surrender any ownership of the Sound Recording (copyright registration by form SR http://www.copyright.gov ) That ownership, secured by registration, remains with you and can be marketed independently of the Synch. License. They may ask for some exclusivity for a period of time, meaning you won’t sign a Synch. Licence with any other product or service for a specified period. How much is reasonable? You may have to decide.
In the case cited by Mallernee, the ‘fame’ generated by the shampoo ad sent a large number of consumers looking for the song, and, presumably, buying it as a download, and perhaps curious enough to want to own a hard-copy CD with it and other songs, and perhaps to buy tickets to a Non-Commissioned Officers live show, where they may buy a NCO t-shirt, hat, button, patch, sticker, small farm animal, or whatever else they’re selling. The bottom line? The bottom line. Sales. Income. Capital. Money.
Great article, thanks! To follow up on Peter’s question, besides the synch license, which secures permission to use the song, the music supe must also negotiate a master use license to use the actual recording. The two are often bundled together in what is known as an “all-in” fee.
Hope that helps,
Mary Shaw
http://servethesong.net
