Popular Post Michael Boo Posted July 2, 2012 Popular Post Share Posted July 2, 2012 I had a conversation with Madison Scouts' Executive Director Chris Komnick and corps arranger Robert W. Smith and found out something that may be of interest to many fans. As fans who have been reading DCP know all too well, music licensing seems like an increasingly annoying problem for corps.This came to a head last season when Madison Scouts’ popular closer, “Empire State of Mind” had to be blacked out on the DCI DVDs because the corps couldn’t secure mechanical licensing rights. (More about what really happened later.) DCI corps aren’t the only entities running into music licensing difficulties. Last winter, Burger King had to pull a commercial with singer Mary J. Blige over rights and earlier in the year, former presidential candidate Newt Gingrich was sued by the owner of the “Rocky III” theme song, “Eye of the Tiger,” for using the work without permission at campaign rallies. A brief history of how we got to where we are The way music is produced has changed dramatically since digital media has taken over. Madison Scouts’ arranger Robert W. Smith states, “The record companies lost the keys to the kingdom as soon as the first CD was pressed. It wasn’t all that long ago that Napster and other file sharing services were under attack for causing record companies to lose a lot of money.” But now, according to Smith, the music companies are “almost giving away the music,” making their money through concerts and merchandising…even receiving a share of the beverages sold at concerts. Much more so than before, licensing is a cash cow for the holders of music copyrights. In DCI’s earlier years, corps didn’t have to worry about licensing and didn’t pay the statutory rate for mechanical licenses. Corps have gone from barely being a blip on these companies’ radars to becoming very much a part of their income stream. (According to Smith, popular speculation that the move from G bugles to B-flat horns was responsible for increased licensing issues is an unfounded myth.) While corps must receive permission to arrange a piece of music, mechanical licenses are not required for live or audio broadcasts. However, they kick in once a performance is recorded for sale to the public. (Why is it called a “mechanical” license? The name originated from the use of mechanical machines that used to copy the recordings.) Additional problems arise with synchronization licenses, which are required when pre-recorded audio is fixed to a moving visual image…something that occurs in television shows and commercials…and DCI DVDs. Such a license is not required for live performances, which is why those who attended DCI’s “Big, Loud & Live 7” Quarterfinals broadcast were able to enjoy watching Scouts’ “Empire State of Mind” in its entirety. That is where things become more difficult for those requesting a synch license. A publisher has the right to say “no” for whatever reason. Which leads us to… What really happened with “Empire State of Mind” Until now, drum corps fans blamed a variety of sources as the problem for why Madison Scouts couldn’t obtain the synch rights to “Empire State of Mind,” which resulted in the blackout on the DVDs. Rap artist Jay-Z was often blamed for this, as he is the original recording artist. This is still a topic of conversation as the corps has scheduled the piece to be performed as an encore. “In our case,” according to Smith, “State Farm Insurance knew well in advance that on 9/11/11, they were going to put out a nationwide television commercial using ‘Empire State of Mind’ as the central statement, with school kids singing the song at a New York City firehouse. It was in the best interest of the insurance company to obtain exclusivity and they paid a lot of money to get it. If someone else in the popular media had come out using the piece, it would have lessened the impact. “I tried assisting Scouts by using my channels in the publishing industry to get the synch rights, but I kept getting the same answer. When someone turns down a request for a synch license, they just say ‘no’ and that’s it. The reason for our problems became abundantly clear the moment I saw the commercial on September 11, 2011, understanding why utmost confidentiality had to be maintained. Generally, such exclusivity lasts a year and is so expensive because the publisher can’t make money from anyone else during that time.” Madison Scouts Executive Director Chris Komnick recounts, “By the time the publisher gave us the definitive ‘no,’ we were already into May. We made the decision that the music in the live show was more important than the DVD and so we decided not to change the last third of the show. We thought they were telling us ‘no’ because it was such a hot piece of property at the time. It typically isn’t that hard to get such licensing. “We are continuing to pursue the licensing of “Empire State of Mind” with the expectation that the synch rights will eventually be granted. We’re hoping that sometime in the future, we can make available a full recording of our ‘New York Morning’ show in conjunction with DCI.” I hope this clears up some of the confusion I've read on DCP regarding this increasingly important issue. 37 Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted July 2, 2012 Share Posted July 2, 2012 (edited) Thanks Mike, interesting subject to me if gut churning. And the whole post is only the tip of the iceburg from what I 've been catching here and there... And will certainly get more convaluted in the future. Another roadblock for corps of any size or type by the problem getting rights or DCI/DCA making sure the legalities are met. Much more so than before, licensing is a cash cow for the holders of music copyrights. In DCI’s earlier years, corps didn’t have to worry about licensing and didn’t pay the statutory rate for mechanical licenses. Corps have gone from barely being a blip on these companies’ radars to becoming very much a part of their income stream. (According to Smith, popular speculation that the move from G bugles to B-flat horns was responsible for increased licensing issues is an unfounded myth.) Was under the wrong impression that pre 3 valve horns were not considered real musical instruments and rights didn't apply because of that. Also a wrong belief... Edited July 2, 2012 by JimF-LowBari Quote Link to comment Share on other sites More sharing options...
Michael Boo Posted July 2, 2012 Author Share Posted July 2, 2012 Thanks Mike, interesting subject to me if gut churning. And the whole post is only the tip of the iceburg from what I 've been catching here and there... And will certainly get more convaluted in the future. Another roadblock for corps of any size or type by the problem getting rights or DCI/DCA making sure the legalities are met. Was under the wrong impression that pre 3 valve horns were not considered real musical instruments and rights didn't apply because of that. Also a wrong belief... You have every reason to have believed that...I've heard that for ages. Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted July 2, 2012 Share Posted July 2, 2012 You have every reason to have believed that...I've heard that for ages. Only to be cleared up on DCP by a poster who would be in the know.... Oh man, DCP actually CORRECTED a wrong assumption. Quote Link to comment Share on other sites More sharing options...
Michael Boo Posted July 2, 2012 Author Share Posted July 2, 2012 Only to be cleared up on DCP by a poster who would be in the know.... Oh man, DCP actually CORRECTED a wrong assumption. 9 Quote Link to comment Share on other sites More sharing options...
supersop Posted July 2, 2012 Share Posted July 2, 2012 (edited) Only to be cleared up on DCP by a poster who would be in the know.... Oh man, DCP actually CORRECTED a wrong assumption. Everything on the internet is True!!!!! (Joking Boo .... I kid I kid ...) ((I, in no way question Boo's answer here. I thought the very same thing when I saw that commercial)) Edited July 2, 2012 by supersop Quote Link to comment Share on other sites More sharing options...
Michael Boo Posted July 2, 2012 Author Share Posted July 2, 2012 Everything on the internet is True!!!!! (Joking Boo .... I kid I kid ...) ((I, in no way question Boo's answer here. I thought the very same thing when I saw that commercial)) Just this morning, I won over $600,000 from lotteries I didn't enter and have been asked by four different family members of recently deceased businessmen to help get their fortunes out of their countries. All I have to do is send a certified check to cover the logistical expenses. Oh, man...I'm going to be SO rich. (They found my contact info on Drum Corps Planet, so I know it's legit.) 2 Quote Link to comment Share on other sites More sharing options...
skywhopper Posted July 2, 2012 Share Posted July 2, 2012 Thanks for the story, Boo. It does at least finally make sense, and I certainly hope that DCI and Madison will continue to pursue this and get the rights to get the full Madison show on DVD and Blu-Ray soon! 2 Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted July 2, 2012 Share Posted July 2, 2012 Madison Scouts Executive Director Chris Komnick recounts, “By the time the publisher gave us the definitive ‘no,’ we were already into May. We made the decision that the music in the live show was more important than the DVD and so we decided not to change the last third of the show. We thought they were telling us ‘no’ because it was such a hot piece of property at the time. It typically isn’t that hard to get such licensing. Thanks very much for this information! According to a post that Chris Komnick kindly made on DCP on July 11, 2011, DCI and/or the Madison Scouts* were still attempting to secure the synchronization rights at that time. Would it be fair to describe that post as overly optimistic, given that he now says they had a "definitive 'no'" in May? *It was said repeatedly on these forums that DCI rather than the individual corps arranges the mechanical and synchronization rights, but it sounds as if Mr. Komnick was describing the Scouts as the entity actually pursuing those rights. Which is correct? 3 Quote Link to comment Share on other sites More sharing options...
MikeD Posted July 2, 2012 Share Posted July 2, 2012 (edited) Just this morning, I won over $600,000 from lotteries I didn't enter ... Wow you are not entering some pretty small lotteries! I have won millions from lotteries that I did not enter!!! You should send a letter to the complaint department of the group that is not entering you into their lotteries, and tell them that the next time you want to be not entered into much more lucrative lotteries than that small one! Edited July 2, 2012 by MikeD 2 Quote Link to comment Share on other sites More sharing options...
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