Music Clearance at ITV for Independent Production Companies

This document gives a very simple overview of music clearance for independent production companies making programmes for broadcast on ITV. If you intend to include any music within your production, you should contact the ITV Music team to obtain clearance for broadcast and obtain advice on the issues involved as music rights can be complex; every production company will be assigned a dedicated music contact.

Please contact one of the following who will assess the needs of your production and allocate your contact to you.

ITV Music Team contacts:

Stephen Whiting –

Robert Beaumont –

Nicola Francis –

Karen Craig –

Main Music Department number: 0207 157 3496

Overview

ITV has extensive blanket agreements with PRS for Music and PPL/VPL that allow the normal use of music within productions made for broadcast over the ITV channels and online platforms. Any music used in your production must be cleared in advance by the ITV Music Team. This can include commercial music, library music, live performances and any music used in actuality.

As long as the programme is being funded by ITV (minimum 20% of total production budget) and the programme complies with OFCOM rules re: sponsorship, product placement and advertising, then the ITV music blanket agreements should apply. This will enable your production to use commercial tracks and MCPS library music within the programme without any direct cost to your budget. However there will be occasions when a track won’t be covered for use under our agreements and you’ll need to obtain consent and a separate licence in advance of broadcast (usually at cost).

N.B. – ITV does not provide a blanket licence for buyout libraries such as Audio Networks, Playback, SATV etc. This must be licensed by your production directly from the Rights Holders.

The following general restrictions apply:

· Signature Music – the use of commercial music for opening/closing title music, in/out breaks and pre-title teases for more than two episodes, is not covered by the ITV blanket agreement and tracks will need to be licensed directly with the Rights Holders.

· Commercial tracks and/or Music Videos should not be radically re-mixed, mashed up or edited so that they are substantially different from the original.

· No commercial track should be used for longer than its original running time, within a single episode of the series. Nor should you use more than three tracks from the same artist or album within the same episode.

· Competitions / Call’s to Action / Voting etc. commercial music should be avoided for these types of uses unless consent has been granted. We would advise for ease to use library production music or commissioned music instead.

· Parodies/lyric changes/burlesque performances.

· Grand Rights – recreation of operas, musicals, ballets.

· Contentious or derogatory uses.

· Miming to commercial recordings.

· Karaoke performances.

· Lyrics on screen.

· Sponsorship.

The list of exceptions above is not exhaustive and others may apply. If you are in any way in doubt about the legitimacy of your music use, or for further advice on any of these issues, please contact the ITV Music Team.

Music Clearances

In order to clear music for broadcast on ITV you will need to supply us with the following information submitted on an ITV music clearance spreadsheet. The details required are as follows:

Artist name

Track title

Composer

Publisher

Record label (unless live performance or music on clip)

Catalogue or ISRC number (unless live performance or music on clip)

Example layout as follows…

This will then be returned with approval or rejection of individual tracks. Example as follows…

The copyright info can be obtained from the PRS for Music database. In order to get access to the PRS database you’ll need to register as a user. Contact Danny Adams () who will be able to set this up for you.

A short guide on how to use the PRS database is included as an appendix here.

PPL Audio Catalogue Search (to look up commercial PPL recordings, including labels/ISRC numbers)

uk.com:8090/AudioRepertoireSearch/web/rssearch.jsp?query=&queryn=&submitBut=Search

Music Videos

ITV currently has a blanket agreement for music videos that are registered with VPL.

You can see if they are registered by looking them up on the PPL database:

uk.com/vpl/vpl_data.nsf/licensingsearchbox?OpenForm

Other Issues

Musicians – Your production is responsible for all and any fees due to musicians whose performances appear in the programme, whether directly contracted by you or in clips from audio visual material. Contact us for further advice.


Music on clips – an MU extract payment may need to be applied. In addition the recording on the clip may need to be cleared and licensed separately (at cost), please contact us to discuss. All archive clips or other audio-visual material (including Concert DVDs, EPk’s or promotional material) should all be checked with the ITV Music Team prior to use.

Promotional mail-outs / CDs – It’s likely you may receive promotional material. This will need to be cleared in the normal way; don’t assume its okay to use as someone has given it to you!

Music Reporting – Your Responsibilities

It is your responsibility to provide music cue sheets according to ITV’s specifications and submit them into the web based system Silvermouse. It is crucial that all music cue sheets are returned on the system within 28 days of programme delivery or transmission via this system otherwise your production may be fined.

To set up a Silvermouse account, please go to the Silvermouse home page at:

vermouse.com and click on the “New User” link. If you have any problems with ITV data, such as missing programmes or incorrect details, then please contact the ITV Silvermouse team at

Every single item of music in the programme, however short, must be shown on the music cue sheet. This includes music that is hummed/whistled/etc, recorded on location, part of a filmed insert/clip or other extract. If you cannot identify the piece of music, then enter “unidentified music” as the title and provide information concerning the source of the music. The cue sheet must be in the same running order as the programme and each music cue must have an individual timing, precise to the exact second. Please ensure that all the fields on the music cue sheet are fully and accurately completed. The cues should also be in the same running order as they appear in the programme. Inaccuracy or missing details may result in your music cue sheet being rejected and you having to resubmit it.

Secondary Distribution of your Programme outside of Primary Broadcast on ITV

ITV’s primary blanket agreements only cover music use in qualifying programmes made for broadcast on the ITV channels and ITV online platforms. All other uses will require a licence. If your programme is being distributed for secondary exploitation by ITV Global then you must contact Global direct to clarify your delivery requirements, whether ITV’s secondary blanket agreements apply and how any resulting costs or royalties will be applied. If your programme is being distributed by a third party you will need to make your own arrangements for clearance.

Music Supervision Services

We offer a music supervision client service for any additional music assistance you may need. This can include musician fixing services and music clearance and licensing services or just general music advice. Please speak to your music contact if you want more details about these services.

REMEMBER WE ARE HERE TO HELP YOU!!!!


Appendix

APPENDIX I

PRS FOR MUSIC – COPYRIGHT DETAILS SEARCH

Music copyright details will need to be entered on to ITV’s music reporting software Silvermouse.

The copyright information can usually be found on the PRS database. To obtain a login for this database contact PRS For Music on 020 7580 5544.

LOG IN

Once you have been given login details go to www.prsformusic.com for the following screen. Click on the ‘log in’ link…

Enter your username and password and click ‘log in’.

Go to ‘Search our database’ under the ‘My tasks’ options…

Once through to the next page click on launch service…

This will take you in to the database itself.

THE DATABASE

The most straightforward way of finding copyright info is from a commercial release of the music. Click on the tab ‘Audio Products’…

The primary search function in this is ‘Quick Search’…

Enter the track or album title plus artist name and hit ‘search’...

- If you select your search results will give you releases labelled as this title such as a single release or album name…

- If you select your search results will include any release that a song is featured on including compilation albums…

Select the release you have obtained the song from by clicking on the underlined hyperlink…

This page will give you all the copyright details you need to complete the music reporting. Under ‘Audio Product Detail’ the key elements you’re looking for are ‘Catalogue Number’ (1) and ‘Label’ (2).

Beneath this box you’ll find the other copyright info required. Track title (3), artist (4), composers (5) and publisher/publishers (6).

CATALOGUE NUMBER

If you have a product catalogue number you can also look for the release under this rather than track or release title.

Select instead of and search under your catalogue number…

Selecting this release title will take you to the same copyright details screen.

Note that ASIN numbers from Amazon.com aren’t recognised by this system. HMV.com however does currently include catalogue numbers in their product details.

9

ITV Music South Guide for Independent Production Companies – April 2012