Although film and television music and songs account for a relatively small proportion of film and television drama creation, and the expenses are relatively low compared to the total cost, it cannot be denied that film and television music and songs play a huge role in setting the atmosphere, promoting the story plot, portraying character images, and mobilizing audience emotions. Excellent film and television music works, such as "Frozen Eyebrow" in "Dream of the Red Chamber", "City of the Sky" in "City of the Sky", "Big Fish" in "Big Fish and Begonia", "Cage" in "Disappearing She", etc., can not only summarize the plot, establish the emotional tone of film and television dramas, make them more infectious, but also leave a deep impression on people and leave a lasting aftertaste.

Because of this, film and television music works are widely used in film and television dramas, and they quickly spread among a large audience, which has also led to many issues with the creation and authorization of film and television music works, and even many disputes. This article provides a preliminary discussion on these issues.

Film and television music works are divided into original music works and non original music works

Firstly, from the perspective of the sources of film and television music works, there are mainly two ways in which film and television music works can be sourced in the industry. One type is when a film and television company (referring to the producer of a film and television work) signs a commission creation contract with a music creator (or music creation company), entrusts the music creator to create music specifically for their film and television dramas, and obtains the right to use original music; Another approach is for film and television companies to obtain authorization from the authors of existing music works to obtain the right to use non original works.

1、 Original music works in film and television dramas - commissioned creation

The film and television company entrusts music creators to create music specifically for their film and television dramas, ensuring that the conception and creation of film and television music works revolve around the theme of the film and television drama. It can be infinitely close to the requirements of the director and the film and television company, and can also obtain the right to write music works through agreements. Most film and television companies generally prefer to use this method when the budget allows.

Both parties can agree on the specific usage of original music works by signing a commission creation contract, and the legal relationship between the two parties is relatively clear. It should be noted that when both parties sign the commission production contract, they should specifically agree on the following terms:

1. The issue of copyright ownership of music works clearly stipulates that the copyright belongs to the film and television company

This issue is the most core clause of the contract for commissioned production of film and television music works. Article 19 of the Copyright Law of the People's Republic of China stipulates that "the ownership of copyright in the commissioned work shall be agreed upon by the principal and the trustee through a contract. If there is no clear agreement in the contract or no contract is entered into, the copyright shall belong to the trustee." As the principal, the film and television company presides over and organizes music creators to create original film and television music works and pays corresponding fees. Generally, both parties will agree in the contract that the copyright of the original music works created shall belong solely to the film and television company, and the authors of specific lyrics and compositions shall only enjoy the corresponding right of authorship.

But there is also a situation where the music creator is well-known, and the film and television company cannot provide a satisfactory price. Both parties may also agree that the copyright of the original music work belongs to both parties of the film and television company or to the music creator alone. In this case, both parties need to make detailed agreements on the use of original music works in the film and television drama itself, film and television drama promotion, film and television drama derivatives, and film and television drama playback platforms.

2. The scope of creative content for music works can be selected as either fully commissioned or partially commissioned

The first step in entrusting the creation of film and television music works is to determine the scope of the creative content, and there are generally two types of agreements between the two parties regarding the scope of the creative content. The first type is to agree that the music creator is responsible for lyrics, composition, arrangement, recording, and all production work, and ultimately deliver the music product to the film and television company; There is also an agreement that music creators are only responsible for one aspect of music production, such as lyrics, composition, mixing, accompaniment, and so on.

At present, in the industry of our country, it is generally the first type, where music creators are responsible for the entire process of creating and producing music works, and even most film and television companies entrust the composition, arrangement, recording, and synthesis of film and television drama songs and music to the same music creator to maintain consistency in the music style of film and television works.

3. The creative quality and acceptance of music works should be as detailed and executable as possible

Because the industry in our country generally adopts the first situation mentioned above, film and television companies can only access actual music works after the music creators have completed the creation and submitted all original music samples. Film and television companies cannot participate in various stages of music creation and cannot effectively control the level of music works in real time. Therefore, both parties should specify the quality standards and acceptance process of music works in the commission creation contract.

In fact, it is quite difficult to agree on the quality and acceptance of music works. Many film and television companies only agree in the agreement that "Party B (music creator, hereinafter the same) should create music according to the requirements and suggestions of Party A (film and television company, hereinafter the same)", "During acceptance, Party A has the right to propose modification suggestions, and Party B and its representatives should make modifications according to Party A's requirements." However, whether the music works meet the requirements of the film and television company is a subjective judgment. If both parties have different opinions on the quality and acceptance issues of the music works, it is difficult to solve them in a timely manner.

It is recommended that film and television companies provide a detailed description of the quality requirements for music works, such as the requirements for the style of music works, the requirements for instrument bands, the requirements for the qualifications of singers, the requirements for recording studio configuration, and so on. In addition, film and television companies should also pay attention to agreeing on executable acceptance clauses and termination clauses for unqualified acceptance. For example, "The work results delivered by Party B shall pass the acceptance of Party A each time, and Party A has the right to propose modification suggestions. Party B and its representatives shall make modifications free of charge according to Party A's requirements. If the acceptance still cannot be passed after three modifications, Party A has the right to terminate this agreement."

4. Rights guarantee clause, no plagiarism or infringement allowed

Film and television companies should require music creators to assume the responsibility of guaranteeing the rights of their created music works, in order to avoid affecting the copyright, distribution, and broadcast of film and television dramas due to copyright defects in songs. Specific terms can refer to similar terms:

The second party shall ensure that it has all the rights, qualifications, and capabilities to perform this contract, and that all materials, creativity, etc. prepared, conceived, completed, or provided for film, television, and music works are original and do not infringe upon the legitimate rights and interests of any third party. The use of any rights in music works by Party A, the playback platform, and relevant rights holders under this contract does not constitute an infringement of the legitimate rights of any third party, and will not be subject to any third-party accountability or claims.

Of course, in addition to the four important clauses mentioned above, there are also many essential clauses. For example, the Code of Conduct for Music Creators (Ethics Clause), Payment Clause, Confidentiality Clause, Breach Clause, Dispute Resolution Clause, etc., will not be repeated here.

2、 Non original music works in film and television dramas - licensed

The non original music in film and television dramas referred to here does not mean that the music itself is not original, but rather refers to music that already existed before the creation of the film and television dramas. When using this type of music, the following points should be noted:

1. It is necessary to obtain permission from the author of the music work

Article 53 of the Copyright Law of the People's Republic of China stipulates that copying, distributing, performing, screening, broadcasting, compiling, or disseminating a work to the public through information networks without the permission of the copyright owner constitutes copyright infringement. The use of existing music works in film and television dramas requires obtaining permission from the copyright owner of the music works. Generally speaking, the author of the lyrics and songs signed on the music works is the copyright owner. In addition, if the original singing music is used in film and television dramas, permission from the original singer is also required. If it is verified that the music work is not exclusively licensed for the original singer to perform, the film and television company can also find other singers or actors to cover it, and there is no need to obtain the original singer's permission at this time.

2. How to obtain permission for the author of music works

There are generally several ways for film and television companies to legally obtain authorization for the use of existing music works in film and television dramas: (1) If the music works are within the scope of authorization by copyright collective management organizations such as the China Music Copyright Association, film and television companies can obtain authorization by paying authorization fees to the China Music Copyright Association. (2) Some copyright agency companies or websites also operate the licensing business for music works. If the music works to be used are within the scope of the copyright agency company or website, they can obtain authorization and pay licensing fees through the copyright agency company or website. (3) If the copyright collective management organization, agency company, or website cannot find the intended music works to be used, they need to contact the lyrics and music authors to obtain authorization and pay the corresponding fees.

In summary, film and television music works play an indispensable role in the creation of film and television dramas. Whether it is original music or non original music, it is necessary to obtain the right to use it through legal means. When selecting music works, film and television companies should fully consider copyright issues and ensure that they sign legal and effective contracts with music creators or copyright holders to avoid unnecessary legal disputes. At the same time, music creators should also clarify their rights and obligations to ensure that their works are used within the legal scope. Only under the premise of clear rights and obligations of all parties, can film and television music works better serve the creation of film and television dramas, improve the overall quality of film and television dramas, and enhance the audience's viewing experience.