day, I think thes's answer sums it up. You have to be careful. You might want to use some things for something like a cooking show in Canada, but if it's a commercial on national tv then you'd have to rethink and make sure you're clear. Basically you cross your fingers and risk it on the smaller projects and then if something big comes along you figure out your options. If the payout is big enough and it's a widespread campaign then you'd have to try to clear it. In that case, the artist or label could actually ask for whatever they want in terms of the publishing. They could ask for 75% of it. 100%. They'd hold the cards.
It's probably better to play it safe and stay small. If you get approached for that $100,000 lexus commercial then you call up dude and say "hey, you want $25,000?" and see if he bites. He might be like "naw, $80,000 sounds better."
Man I have had such bad experience trying to clear samples I am almost at the point where I would rather risk getting caught and then deal with it (sans cease and desist of course).
When we cleared "hang loose" on OST, instead of talking to the actual dudes playing or singing on our sample, we are talking to the crusty ass former owner of Brunswick bowling ball company (and Brunswick records). Dude wanted stupid cash, completely did not understand that we were a small group on a small label trying to do the right thing. Still had to pay him 10gs too. And the artists never saw a red cent. Such is the publishing game, through lack of exposure or knowledge the original owners probably signed it away when they signed their record deal.
Einstein, I've got a question. If they used a song in Runs House what happens when the dvd comes around. Do they renegotiate with you or did they anticipate the dvd release and include that in the deal? I'm always curious about how that works.
very good question. dvd sales was the main issue for us. the person who put the deal together came up with 3 options for them. 1. high advance. they can use our song for eternity 2. medium advance. they will have to relicense after 3 years 3. low advance. they will pay us a mechanical royalty immediately when dvd drops.
they chose option #2. i guess technically they are not required to pay a mechanical royalty since they use only 40 seconds of the song.
day, I think thes's answer sums it up. You have to be careful. You might want to use some things for something like a cooking show in Canada, but if it's a commercial on national tv then you'd have to rethink and make sure you're clear. Basically you cross your fingers and risk it on the smaller projects and then if something big comes along you figure out your options. If the payout is big enough and it's a widespread campaign then you'd have to try to clear it. In that case, the artist or label could actually ask for whatever they want in terms of the publishing. They could ask for 75% of it. 100%. They'd hold the cards.
It's probably better to play it safe and stay small. If you get approached for that $100,000 lexus commercial then you call up dude and say "hey, you want $25,000?" and see if he bites. He might be like "naw, $80,000 sounds better."
Haha, that's more or less what I thought. Since most of us here make sample based music, I figured this was the place to ask (I have no idea how I missed Thes' post btw). Thanks for the info. Everything I've done so far has been under the radar like that.
What's the best do you think? An LLC or sole ownership.
I guess LLC because if someone wants to sue your business for copyright infringement or something, they cant sue you individually, just the corporation.
Comments
or at least just hear my music on tv.
but not on some german show w/ a guy rappin about moms over it.
I think thes's answer sums it up. You have to be careful. You might want to use some things for something like a cooking show in Canada, but if it's a commercial on national tv then you'd have to rethink and make sure you're clear. Basically you cross your fingers and risk it on the smaller projects and then if something big comes along you figure out your options. If the payout is big enough and it's a widespread campaign then you'd have to try to clear it. In that case, the artist or label could actually ask for whatever they want in terms of the publishing. They could ask for 75% of it. 100%. They'd hold the cards.
It's probably better to play it safe and stay small. If you get approached for that $100,000 lexus commercial then you call up dude and say "hey, you want $25,000?" and see if he bites. He might be like "naw, $80,000 sounds better."
When we cleared "hang loose" on OST, instead of talking to the actual dudes playing or singing on our sample, we are talking to the crusty ass former owner of Brunswick bowling ball company (and Brunswick records). Dude wanted stupid cash, completely did not understand that we were a small group on a small label trying to do the right thing. Still had to pay him 10gs too. And the artists never saw a red cent. Such is the publishing game, through lack of exposure or knowledge the original owners probably signed it away when they signed their record deal.
very good question. dvd sales was the main issue for us. the person who put the deal together came up with 3 options for them.
1. high advance. they can use our song for eternity
2. medium advance. they will have to relicense after 3 years
3. low advance. they will pay us a mechanical royalty immediately when dvd drops.
they chose option #2. i guess technically they are not required to pay a mechanical royalty since they use only 40 seconds of the song.
peace, stein. . .
Haha, that's more or less what I thought. Since most of us here make sample based music, I figured this was the place to ask (I have no idea how I missed Thes' post btw). Thanks for the info. Everything I've done so far has been under the radar like that.
The show is re-running here for the second time now.
Peace
Hawkeye
Did you use the Howard Carpendale break yet ?? I sold it to you here in Hamburg.
What's the best do you think? An LLC or sole ownership.
I guess LLC because if someone wants to sue your business for copyright infringement or something, they cant sue you individually, just the corporation.
Thoughts?