When you buy a tune, make sure your license covers you for all three
necessary rights:
1. Mechanical
2. Synchronization
3. Public Performance
Many licenses offered today
are not really licenses at all. Call the library and ask about the
rights you think you are buying. And get
it in writing. That’s what you’re paying for.
Don’t Settle
for a Bogus Buy Out
If you think you are buying
a tune on a buy out or royalty free basis, you should be paying one
up front fee to cover a wide array of licensed
uses. Not a separate charge for each use. Make sure what you’re
getting is a “lifetime blanket” not what amounts to a “needle
drop” or “production blanket”.
The terms “Royalty Free” and “Buy out” are
now being distorted by some newcomers seeking to get you to pay for
each use. What they’ve really done is re-invent the old “needle
drop” or “royalty per use” system. Yes, you can sometimes
get a “buy out” in a given category of use but the relevant
question is what is the “buy out” price for the entire
bundle of uses “usual and necessary” in our industry.
“Royalty Free” licensing as practiced by leading “Buy
Out” / “Royalty Free” music libraries, requires a
single, up front fee for the bundling of all possible licensed “needle
drops”, “production blankets” and “annual blankets” for
the full length of the term, usually 50-99 years.
Yes, most reputable and
quality oriented libraries have logical exclusions in their licenses
(e.g. theatrical motion pictures, national tv spots,
or mass marketed products over say 50,000 units). But remember, it
is the size of the standard “royalty free bundle” that
counts not the price for a given use (“needle drop or royalty
per use”). And it is important to note, that the reason exclusions
are in standard licenses is not to deprive licensees of uses but rather
to set in place the mechanics by which those uses are trackable.
Most excluded uses are available at a very nominal charge or a charge
that is often waived.
When a library claims it
is “royalty free” because you
don’t pay any fee for broadcast public performance, this is a
distortion. Virtually all music libraries are royalty free with this
definition. Music libraries get revenue two ways: 1) master use and
synch fees, and 2) royalties paid by broadcasters to ASCAP and BMI
for broadcast public performances.
It all boils down to this.
You can pay your master use and sync fees on a “per use” basis (called a “needle drop” “production
blanket” or “annual blanket”) or you can pay for
a bundling of all needle drops, production blankets and annual blankets
in one upfront fee -- a “lifetime blanket”.
A needle drop can seem to
be a reasonable fee. But remember those fees add up. And that’s
exactly what you should do when you think about a given library.
Add up both the short run and long
run costs. A lifetime blanket is an investment in an asset. A royalty
per use is just an expense.
CSS Music and D.A.W.N.- Your Better Buy Outs!
Your purchases of music
from CSS Music (CDs, CD-ROMs, Custom CD-Rs and Hard Drives) are “lifetime blankets”.
Your downloads of CSS Music on D.A.W.N. while similar in appearance
to needle drops
are NOT NEEDLE DROPS. Each selection is licensed for the full bundle
of licensed uses for 99 years. Use each tune or download as many times
as you like in as many licensed productions as you can do in 99 years.
Apply that simple test to any other library licensing scheme.
If you have questions about
Royalty Free, Buy Out, or Life Time Blanket Licensing and how it
compares to “needle drop”, “production
blanket” and “annual blanket” licensing, please give
us a call at 1800-468-6874.
We’re happy to help.
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