Any music industry people on

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Greedo

Guest
to settle an argument?????

See when a song is used in an advert or in a trailer over an ad for a TV programme. Sky sports for arguments sake.

Who gives permission to do this. Is it the song writer or the record company????
 

palinurus

Velo, boulot, dodo
Location
Watford
Greedo said:
Who gives permission to do this. Is it the song writer or the record company????

Neither. It's the Pope.
 

Tim Bennet.

Entirely Average Member
Location
S of Kendal
Depends on who is the 'music publisher' as they hold the 'copyright' and can 'licence' its use.

The songwriter is usually the publisher, but the record company will hold the 'rights' to the version that their artist recorded.
 

palinurus

Velo, boulot, dodo
Location
Watford
I think it'll be the copyright owner, who- I guess- will often be a music publisher, but it could be the songwriter.
 
OP
OP
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Greedo

Guest
Tim Bennet. said:
Depends on who is the 'music publisher' as they hold the 'copyright' and can 'licence' its use.

The songwriter is usually the publisher, but the record company will hold the 'rights' to the version that their artist recorded.

Okay, so we'll take a band. Say it was Oasis. Noel Gallagher writes the songs and rakes in most of the royalities. Would he give permission to use the song in an AD??? I know nothing about the music industry
 

mangaman

Guest
I think (and this is based on chatting to a friend who writes music that gets played a lot as background music) the Pope's role is minimal.

There is an industry-wide consensus between all the record companies and broadcasters. So if they want to use a bit of one of his songs in the background of Countryfile, the BBC don't have to ask permission, they just go ahead and pay a small fee to the record co. and ultimately he gets a cheque every month.

Adverts are different. They (Lemonjelly if you're interested) did one for Motorola I think and the money was negotiated differently (and more lucratively)
 

slowmotion

Quite dreadful
Location
lost somewhere
My mate who is a lawyer in that line of work says this.....

The advertising agency wanting to use the song must get two consents, one from the record company, and one from the music publisher. The artist does not have to give consent.

There was a wonderful case a while back when an advertising agency acting for a deodorant manufacturer wanted to use "Don't stand so close to me" on their advert. Sting was not best pleased :blush:
 

palinurus

Velo, boulot, dodo
Location
Watford
Greedo- I guess you mean the use of a particular recording of a song?

Like an Oasis song, as recorded by Oasis, rather than use of the lyrics/ music.
 
U

User169

Guest
Tim Bennet. said:
Depends on who is the 'music publisher' as they hold the 'copyright' and can 'licence' its use.

The songwriter is usually the publisher, but the record company will hold the 'rights' to the version that their artist recorded.


It gets really fun when the lyricist is distinct from the composer because the two copyrights expire at different times. For example, Gilbert and Sullivan were not commorient.
 

tdr1nka

Taking the biscuit
It is the decision of who ever holds the publishing rights to the song, it also depends on what the song is being used for.

For example I have a song that the BBC have used on Top Gear(how ironic is that?:cry:), in this instance the BBC don't have to get permission to use my song as they already pay a licence fee to the PRS who ditribute the fee as royalties to artists dependant on how many times the song is played.

On the other hand good old Auntie Beeb had to ask permission of myself and my publisher then pay a one off licence fee to use the same song on a 'Gardeners World' DVD.

That's Rock n' Roll!:laugh:
 

mangaman

Guest
tdr1nka said:
It is the decision of who ever holds the publishing rights to the song, it also depends on what the song is being used for.

For example I have a song that the BBC have used on Top Gear(how ironic is that?:laugh:), in this instance the BBC don't have to get permission to use my song as they already pay a licence fee to the PRS who ditribute the fee as royalties to artists dependant on how many times the song is played.

On the other hand good old Auntie Beeb had to ask permission of myself and my publisher then pay a one off licence fee to use the same song on a 'Gardeners World' DVD.

That's Rock n' Roll!:sad:

I think the PRS thing is what my Lemonjelly mate was referring to. As you say different, for example, to an advert.

Now then tdr1inka what is your song and where is the youtube link?? :cry:
 

mangaman

Guest
tdr1nka said:
Oh, if I must......:thumbsup::rolleyes:

Colours The Soul - Cold Cut Ft. tdr1nka ;)

*Diane Harris, btw, is the artist who made the video.*

Bloody hell that's excellant tdr!nka. Have you kept it quiet, or have I just not noticed it?

Colours the soul was good (far too good for Top Gear)

The other songs I checked I liked even better, like "walk a mile in my shoes" and especially "Everything is under control"

I'll be onto iTunes tomorrow I reckon - just my sort of music

Any thoughts of reforming?
 

dellzeqq

pre-talced and mighty
Location
SW2
crikey Sir Tdr1nka - yoos famos! Did you do anything on the '18 Musicians' remix?

History is littered with artists signing away rights, or managers stealing them. Nina Simone didn't make a dime on 'I'm feeling good'


View: http://www.youtube.com/watch?v=h8tuTSi6Sck


and Dino Valenti probably had cause to regret selling the rights to 'Hey Joe' for $300...
 
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