I have represented the producer and film composer David Arnold for most of his illustrious professional career. During that time, I have advised upon and negotiated many deals for him as a record producer, film composer, writer and recording artist.
During the period David has written the musical scores for over 60 films including Independence Day,Stargate, Godzilla, Zoolander, Made in Dagenham and five consecutive 007 films being Tomorrow Never Dies, The World is Not Enough, Die Another Day, Casino Royale and Quantum of Solace. In addition, David co-wrote the title track for The World is Not Enough with lyricist Don Black, performed by Garbage and the title track You Know My Name for Casino Royale with Chris Cornell, who also performed the track.
Most recently, I have represented David in relation to the action-adventure video game 007 First Light published by IO interactive. David was commissioned to write and produce the title track – a first for David for a video game.
Musical scores for films have their own complexities, particularly when they involve multiple performers, rights holders, and other interested parties. Video games involve similar complexities, and add dynamic layers which require creative solutions.
In this article, I will look at the similarities and differences in terms of David’s work and my own in dealing with a major franchise video game in comparison to its film origins.
The primary legal issues
The primary legal issues on which I advise film composers and soundtrack producers are broadly similar, whether the work is being undertaken for a major film studio or a video game publisher. Essentially, there are two copyrights involved. One being the copyright which exists in the sound recording which the film composer as producer is producing; the other the musical composition written by the composer, which is to be embodied on that soundtrack. The video game distributor needs the producer and/or record company to grant a so-called “master use licence” and the composer/relevant music publisher to grant a “synchronisation licence” to pair the music/sound recording with interactive visuals.
Both music and film (including video game) industries are enmeshed in copyright ownership, exploitation, and exclusivity issues. The history of both the film and music industries run in parallel. The film studios, record companies, and music publishers pay creators. Their starting position, quite obviously, is that they wish to control and own all of the fruits of labour which the creator creates. But film and music industries alike have evolved and there are many permutations regarding ownership, distribution rights, exclusivity and so on, as between commissioner and performer/writer.
In this particular case, the issues involved not only my client but also the superstar writer performer Lana Del Rey with whom David worked on this track. She is signed to both a major record company and major international music publishing company; so naturally, they would want to provide their input into copyright ownership, distribution rights and exclusivity.
Naturally, the outcome of the lengthy negotiations and contractual documentation remains entirely confidential. However, readers can imagine the scale of the ‘10 ton gorilla’ battles between, on one side, the video game publisher backed by the Bond franchise – now owned by Amazon – and, on the other, the major record companies and international music publishers involved.
And of course, the respective lawyers, record companies and music publishers needed to agree what was done by whom as between Lana and David in the writing and producing process.
Films vs. games – the rights conversation
Separate from the primary copyright ownership, distribution, and exclusivity issues discussed in the previous paragraph, composers and producers writing a film score generally follow a linear pattern. On the other hand, video game music is highly adaptive, meaning the composer is required to deliver separate stems (rhythm, percussion, melody, ambient pads) that video game engines mix depending on player actions. Whilst in this case my client was writing the title track, not the underscore, part of that title track was to be dispersed within the music created by the separate film soundtrack composers. From a legal perspective, this is where matters become more complex. The video game publisher needed the right to manipulate, loop and recombine David and Lana’s work, while the major record company and music publishers needed to safeguard their respective rights.
Brand identity and opening the franchise to new audiences
Clearly in this case the Bond franchise was, in agreeing a Bond video game, seeking to stretch to new demographics and cross-platform markets. Signature leitmotifs, the underlying Bond theme “look and feel” in this instance, preserve instant brand recognition while creating space for fresh, modern arrangements. The challenge for David and Lana here was to create something entirely new, suitable for the video game demographic to buy into as new and vibrant, whilst remaining loyal and true to everything Bond music has evoked rand represented for more than 60 years.
Why globally consistent rights matter
A major issue for the video game publisher in every case is that video games are no longer confined to regional retail releases; digital storefronts (such as Steam, the PlayStation Network and the Xbox Store) mean the game is accessible globally on day one. In addition, a major release will also span multiple media channels, including live streams, esport tournaments, and promotional trailers.
This means the video game publisher needs to ensure that the synchronisation and master rights are cleared in advance, or they may face “region-locking” or legal takedowns because of copyright infringement.
In the dynamic world of multi-platform media, securing global, multi-channel rights prevents the need to renegotiate with record companies, composers and publishers whenever the game expands to new territories or media formats.
Howard Ricklow
Howard Ricklow is Partner at Spencer West LLP. With experience across sectors from TMT to music, TV & film and the arts to aviation, Howard provides clear, commercially focused advice that reflects both sector knowledge and strategic insight.
