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Originally Posted by Juniorkimbrough Anyone have any experience with this?
Someone has contacted us about using some of our music during Championship Bull Riding on a satellite tv station and we aren't sure how we should go about this money wise and if there is anything else we should know.
Thanks! |
A few questions.
1. Who exactly contacted you? Was it someone with the show itself or someone licensing music on behalf of the show or someone who thinks they can get your music used (for a fee, of course).
2. Do you own the songs and the recordings of those songs? There are two very distinct copyrights in those shiny plastic discs and you should be paid separately for both. Typically, the record company will license a recording pursuant to a so-called master use license. The musical composition is licensed pursuant to a so-called sync license. These licenses have separate terms and conditions and, more importantly, separate fees
3. What’s the intended use (e.g., how long, during what point of the program, etc.), what's the media (e.g., will the show be packaged with other shows to create a DVD of the series or is it a one time tv show with a few potential repeats?), what's the territory that the media will be exploited in (e.g., is it U.S. only?), what's the term of use (e.g., do they want to use it for 5 years, perpetuity, ?), are they using the recordings/songs in context only or does it include out-of-context rights (e.g., can they use the music separate from how it’s recorded in the show as part of music for a separate radio ad campaign for the Championship or even other bull riding events), and so on.
Not sure what these guys are paying, but my guess is not much. One way of handling this is to see if they will agree to a most favored nations deal with all recordings and all songs they are licensing for the show. That way, at least you know no one is receiving a better deal. If there are any well known songs being licensed, then this approach may not work.
Best,
MA