FEATURE:
Stranger Things, Particular Scenes
IN THIS PHOTO: Kate Bush performing Running Up That Hill (A Deal with God) in 1985/PHOTO CREDIT: United Archives/Alamy
Kate Bush and the Licensing of Her Music
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MANY might feel that…
Kate Bush refuses people access to her music. Or she is very selective. I do feel that Bush gets sent a lot of offers, yet there are rules and boundaries. Through the years, we have seen various Kate Bush songs feature on the screen. Stranger Things in 2022 is perhaps the biggest example. However, there have been other occasions when her songs have scored various scenes. For Stranger Things, the request to use Running Up That Hill (A Deal with God) went through Wende Crowley, Sony Music Publishing’s SVP of creative marketing, film and television. There was a feeling from the producers that Bush might say ‘no’ and that they could not use their music. However, as Graeme Thomson writes in Under the Ivy: The Life and Music of Kate Bush, Nora Felder, music coordinator on Stranger Things, knew that this iconic Kate Bush song would be perfect. Used to convey the existential struggle of one of the show’s key female characters, Max Mayfield, there was this detail and sales pitch needed. Rather than merely asking for the song and giving a vague description, these elaborate scene descriptions were written. Kate Bush is someone who does not give her music away easily. She was shown script pages and footage. It was this process that meant she knew exactly when and how her music was being used. It is the most high-profile example of Bush’s music being used on the screen over the past five years. It took a while for Kate Bush to agree to the use, owing to the fact Running Up That Hill (A Deal with God) was used during that season. It was not only a case of it being used for a short time. Aired in May 2022, it has been three years since that huge moment when one of Kate Bush’s biggest songs was used on Stranger Things. Bush spoke to Woman’s Hour about the reaction to the song being used. It was a mad moment!
It did create this huge wave of new affection for her music. New fans finding her work. The process too of getting the song used was not done cheaply. The Duffer Brothers, Stranger Things’ creators, were determined to get that song used. It would have been a case of multiple contacts with Kate Bush. Going back and forth to ensure that she was fully informed and was happy. I am not sure how much they paid to have Running Up That Hill (A Deal with God) used. However, this is not the only occasion when her music has been used. I have said multiple times how it would be wonderful if we saw more of Kate Bush’s music on the screen. However, I have previously noted how various films and shows have used her music. Not to the extend of Stranger Things in terms of the prominence and the reaction. It is the reaction part that interests me more. You feel that there are Kate Bush songs that could get this new traction. Thinking about how difficult it must have been for the Stranger Things camp to secure Running Up That Hill (A Deal with God), does that mean that other filmmakers are going to be hesitant? It brings in to focus the way filmmakers come to major artists and can get permission to use their songs. It makes me wonder how many people have approached Kate Bush and been denied. I suppose they would go via Kate Bush’s management, but then what happens after that? Is there this initial stage when they would be on the phone with the filmmakers to hear them out and get some brief synopsis?
IN THIS PHOTO: Kate Bush received the Editors Award at the Evening Standard Theatre Awards at the London Palladium on 30th November, 2014/PHOTO CREDIT: Alan Davidson/Rex/Shutterstock
It can’t be the case that people instantly get to write or speak with Kate Bush. I have attempted to contact Kate Bush with a view of making a film version of The Ninth Wave – the second side to 1985’s Hounds of Love. I wrote to her and never got a response. I presume filmmakers use the same address and have to go through the same situation. It is clear that many do not get as far as a communication with Kate Bush. Some films and people have. People have to be very careful about which song they want to use and how it is deployed. If the song is used multiple times, that means it can be very expensive. Also, for a song like Running Up That Hill (A Deal with God) that has so many streams and is well known, the cost will be more than a lesser-known song. It is this tussle for filmmakers. Maybe they want to use a Kate Bush song, though if it is one that a lot of people do not know then that could cause issues. How many filmmakers are going with smaller Kate Bush songs in the hope that it gets recognition or takes on a new life?! I have criticised those who use obvious tracks. However, it is this tricky balance. Do filmmakers have to go into real detail? Have these detailed descriptions of where they music is going to be used and then show Kate Bush footage. Maybe not every film has had to do this. However, the licensing of her music is quite complex and expensive.
That is fair enough. I do hope that we get more occasions of Kate Bush’s music being used on a huge T.V. show or film. I get the feeling Bush would be keener for a big T.V. show to use her music rather than a film. Perhaps something she has watched and is a fan of. Even though they have not got the same focus and press as Stranger Things, films like The Mother and T.V. show, The Bear, have used Kate Bush’s music. The reason I wanted to write this feature is to ask whether we will get another Kate Bush viral moment or cultural phenomenon like in 2022. It would have to be a genuine request and pairing, rather than a filmmaker trying to cash in or go for this quick fame. Asking Google and A.I. what the process would be to use Kate Bush’s music, and the following information is returned:
“To license Kate Bush's music, you'll need to contact her management or publishing representatives. Since Bush owns the rights to her recordings, you'll likely be working with Noble & Brite Ltd., her company. Specifically, you'll need to secure both mechanical and synchronization licenses if you plan to use her music in a new recording or for visual media.
Here's a more detailed breakdown:
1. Identifying the Right Contact:
Noble & Brite Ltd.:
This company owns the recording rights to Kate Bush's music, including her masters. You'll likely need to contact them directly for licensing information.
Copyright Ownership:
Kate Bush owns 100% of the recording rights, meaning she controls the use of her masters, according to Music Business Worldwide.
Publishing Rights:
While you may need to contact a separate entity for the publishing rights (the rights to the song itself), it's likely that Noble & Brite Ltd. also manages this aspect, especially given Bush's independent ownership.
2. Understanding the Different Licenses:
Mechanical License: Required for any new recording or reproduction of a song (e.g., using "Running Up That Hill" in your own cover version).
Synchronization License: Required when a song is used in a visual medium, like a film, TV show, or commercial (e.g., "Running Up That Hill" in Stranger Things).
Public Performance License: Required for playing the music publicly (e.g., in a club, on the radio).
3. The Licensing Process:
1. Contact Noble & Brite Ltd.
Find their contact information (likely through the Kate Bush website or other music industry resources).
2. Clearly State Your Intent:
Explain what you want to use the music for and what type of license you need (mechanical, synchronization, etc.).
3. Negotiate the Terms:
They will likely provide a licensing fee schedule or negotiate a price based on your use of the music.
4. Sign the Agreement:
Once you reach an agreement, sign the license agreement to authorize the use of Kate Bush's music”.
I wanted to mark five years of Stranger Things using Running Up That Hill (A Deal with God) and the song getting to number one in the U.K. It was a huge moment. It is pleasing that shows and films since have used her music. I was not quite aware of the reasons why Bush said ‘yes’ to Stranger Things. Nora Feldman spoke with Rolling Stone in 2022 about how she won approval from Kate Bush:
“Knowing that Bush rarely licenses her music for use in film and TV, Felder wanted the ‘Hounds of Love’ artist to have as much information as possible: “I sat with my clearance coordinator, and laid out all the scripted scenes for song uses that we knew of at that point. Knowing the challenges, we proceeded to create elaborate scene descriptions that provided as much context as possible so that Kate and her camp would have a full understanding of the uses. … When we finished, we were on edge, but excited and hopeful.”
She added: “Kate Bush is selective when it comes to licensing her music and because of that, we made sure to get script pages and footage for her to review so she could see exactly how the song would be used.”
As it turned out Bush is a big fan of the show which stars David Harbour and Winona Ryder and after understanding how her song would be used, granted permission”.
It must be quite a challenge for filmmakers. It is not as easy as picking a Kate Bush song and asking her for permission and it being green-lit. There does need to be this right set of circumstances. Quite a bit of detail being provided. It is mainly her big songs that are used. Stuff from Hounds or Love. This Woman’s Work. The Bear’s use of The Morning Fog is a deep cut, though it is from Hounds of Love. I wonder if many have asked to use a deeper cut and from an album that is not brought to the screen. Whether Kate Bush is keen or reluctant to have one of her less popular songs used. Is it about the end result and potential profit or more the creativity and how a song is used? Maybe a bit of both. It is obvious she gets a lot of offers and turns a lot of them down. You would have to get lucky to both use Kate Bush’s music and for its to be a success – and create this potential viral moment. It also shines a spotlight on an older song. Let’s hope that all Kate Bush fans can unite when one of her songs is used in film and T.V. and explodes. Maybe Stranger Things was a one-off. However, I hope that we get to see a pleasing repeat…
IN the future.
