Author Topic: Music Licensing (Read 2409 times)

Dbacksfan12 · « **on:** August 13, 2009, 05:36:45 PM »

In the past, I have read that "music licensing" rights are an issue for repeats of shows such as Name that Tune. Whether or not that is true, I don't know.

If that is in fact the issue, is purchasing one of those music licenses at all feasible? Or does that not cover rights to re-air programs such as NTT and Don't Forget the Lyrics?

clemon79 · « **Reply #1 on:** August 13, 2009, 06:06:24 PM »

[quote name=\'Modor\' post=\'222925\' date=\'Aug 13 2009, 02:36 PM\']If that is in fact the issue, is purchasing one of those music licenses at all feasible? Or does that not cover rights to re-air programs such as NTT and Don't Forget the Lyrics?[/quote]
Oh, I'm sure the RIAA would be happy to sell you one that covers whatever rights you want it to cover, for the right price.

Based on what we know about the RIAA, however, I suspect that price is sufficiently high so as to not be worthwhile for GSN to do so.

tvrandywest · « **Reply #2 on:** August 13, 2009, 07:28:08 PM »

As I've always understood the problem, it's licensing each tune, title by title! The RIAA is not the governing body for this, and this kind of usage is outside of the standard ASCAP and BMI blanket licenses.

Perhaps a composer-type can fill us in further.

Randy
tvrandywest.com

Firefish · « **Reply #3 on:** August 13, 2009, 09:39:02 PM »

[quote name=\'tvrandywest\' post=\'222942\' date=\'Aug 13 2009, 06:28 PM\']As I've always understood the problem, it's licensing each tune, title by title! The RIAA is not the governing body for this, and this kind of usage is outside of the standard ASCAP and BMI blanket licenses.

Perhaps a composer-type can fill us in further.

Randy
tvrandywest.com[/quote]

While I am not a composer-type, I am a music-licensing attorney. So here's the scoop:
Music licenses are obtained by the networks on a blanket basis (all music from the licensing organization on all its shows and covering all net affiliates) or by the local stations on a blanket or a per-program basis (pay for each show). Stations on a per-program license, as many are, that buy music-heavy shows like a NTT would cause their license price to be jacked up. So they tend to avoid it. It's not difficulty--once the show is in the can, the rights other than performance rights have been cleared by the production company and are part of the package. But since the performance rights are paid by the broadcaster, it's their pocketbook that the composers and publishers get paid from. And many stations would rather buy shows without much music. Like most everything, it's all about the cost.

Jimmy Owen · « **Reply #4 on:** August 14, 2009, 12:49:32 AM »

It's weird that CBN/FAM and USA could afford all those airings of NTT and FTM in the 80's and 90's and GSN can't. Or was Sandy Frank making the payments back then?

tvrandywest · « **Reply #5 on:** August 14, 2009, 03:01:55 AM »

[quote name=\'Firefish\' post=\'222962\' date=\'Aug 13 2009, 06:39 PM\'][quote name=\'tvrandywest\' post=\'222942\' date=\'Aug 13 2009, 06:28 PM\']As I've always understood the problem, it's licensing each tune, title by title! The RIAA is not the governing body for this, and this kind of usage is outside of the standard ASCAP and BMI blanket licenses.

Perhaps a composer-type can fill us in further.

Randy
tvrandywest.com[/quote]

While I am not a composer-type, I am a music-licensing attorney. So here's the scoop:
Music licenses are obtained by the networks on a blanket basis (all music from the licensing organization on all its shows and covering all net affiliates) or by the local stations on a blanket or a per-program basis (pay for each show). Stations on a per-program license, as many are, that buy music-heavy shows like a NTT would cause their license price to be jacked up. So they tend to avoid it. It's not difficulty--once the show is in the can, the rights other than performance rights have been cleared by the production company and are part of the package. But since the performance rights are paid by the broadcaster, it's their pocketbook that the composers and publishers get paid from. And many stations would rather buy shows without much music. Like most everything, it's all about the cost.
[/quote]
Thanks for the clarification, Firefish. Maybe you can help further illuminate...

I've been told that some broadcasters have considered the cost of blanket licenses from ASCAP and/or BMI to be excessive (a percentage of a station's billing, I believe). Therefore, in the past, some have opted to pay per use. Accurate?

Randy
tvrandywest.com

mmb5 · « **Reply #6 on:** August 14, 2009, 09:28:12 AM »

I'm guessing CBN probably had a blanket license, since they had a lot of clearing to do with their religious shows having performances.

As someone who also does work (although barely) in the music license industry, I can attest the licensing groups are absolute sharks for even the tiniest amount of money. Here's a good overview by BMI themselves: http://www.bmi.com/creators/royalty/533116. Of note is they list GSN as an example in the document.

Royalties also break down into performers and composers. A slight advantage that Name That Tune and Don't Forget the Lyrics would have appearing on GSN is that they wouldn't have to pay the higher "known performer" rates, but the lower rates given to Tommy Oliver's group or whoever was performing. They may even have no royalties at all depending on the contract they negotiated at the time of production. If she played her cards right, Kathy Lee would have a nice little paycheck coming. However, the composer rates would still be in play, and they are higher.

--Mike

Firefish · « **Reply #7 on:** August 15, 2009, 10:15:05 PM »

[quote name=\'tvrandywest\' post=\'222981\' date=\'Aug 14 2009, 02:01 AM\'][quote name=\'Firefish\' post=\'222962\' date=\'Aug 13 2009, 06:39 PM\'][quote name=\'tvrandywest\' post=\'222942\' date=\'Aug 13 2009, 06:28 PM\']As I've always understood the problem, it's licensing each tune, title by title! The RIAA is not the governing body for this, and this kind of usage is outside of the standard ASCAP and BMI blanket licenses.

Perhaps a composer-type can fill us in further.

Randy
tvrandywest.com[/quote]

While I am not a composer-type, I am a music-licensing attorney. So here's the scoop:
Music licenses are obtained by the networks on a blanket basis (all music from the licensing organization on all its shows and covering all net affiliates) or by the local stations on a blanket or a per-program basis (pay for each show). Stations on a per-program license, as many are, that buy music-heavy shows like a NTT would cause their license price to be jacked up. So they tend to avoid it. It's not difficulty--once the show is in the can, the rights other than performance rights have been cleared by the production company and are part of the package. But since the performance rights are paid by the broadcaster, it's their pocketbook that the composers and publishers get paid from. And many stations would rather buy shows without much music. Like most everything, it's all about the cost.
[/quote]
Thanks for the clarification, Firefish. Maybe you can help further illuminate...

I've been told that some broadcasters have considered the cost of blanket licenses from ASCAP and/or BMI to be excessive (a percentage of a station's billing, I believe). Therefore, in the past, some have opted to pay per use. Accurate?

Randy
tvrandywest.com
[/quote]

No, Randy. ASCAP/BMI charge blanket rates or per-program rates, not per use. The p-p option is the cost-saver for them.

Firefish · « **Reply #8 on:** August 15, 2009, 10:23:01 PM »

[quote name=\'mmb5\' post=\'222993\' date=\'Aug 14 2009, 08:28 AM\']I'm guessing CBN probably had a blanket license, since they had a lot of clearing to do with their religious shows having performances.

As someone who also does work (although barely) in the music license industry, I can attest the licensing groups are absolute sharks for even the tiniest amount of money. Here's a good overview by BMI themselves: http://www.bmi.com/creators/royalty/533116. Of note is they list GSN as an example in the document.

Royalties also break down into performers and composers. A slight advantage that Name That Tune and Don't Forget the Lyrics would have appearing on GSN is that they wouldn't have to pay the higher "known performer" rates, but the lower rates given to Tommy Oliver's group or whoever was performing. They may even have no royalties at all depending on the contract they negotiated at the time of production. If she played her cards right, Kathy Lee would have a nice little paycheck coming. However, the composer rates would still be in play, and they are higher.

--Mike[/quote]

Mike, you may call the performing rights orgs sharks, but they think of themselves as watchdogs or advocates. In our little world of game show music, composers such as Edd Kalehoff, Bob Cobert, Bob Israel, David Stanley and others count on ASCAP and BMI on keeping the value of their music high.

Stations don't pay fees to performers--yet. There is a bill pending in Congress that would charge them for the artists. As of now, they only have to pay the compsoers and publishers through ASCAP/BMI/SESAC.