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Copyrights, Tresona, DCI - 2 podcasts


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This can't be entirely true. We know from Madison Scouts and "Empire State of Mind" that video rights for that song had already been turned down by May of the performance year (because all summer long the audio went silent for that song on the Fan Network's video-on-demand performances of Madison's show--and because Michael Boo says so in his story about why the sync right were withheld), so in that case, an inquiry was clearly made much earlier than you describe.

Sort of.

There's no such thing as "video rights", at least not as it applies to drum corps. Madison was in the process of acquiring the rights for themselves as a corps to produce media, and that's why they realized when they did that it would be a problem. At that time, most corps produced their own media (Cd, DVD, etc) and secured rights to do so. DCI/DVD producers were in the cursory stages of rights acquisition for physical media as well. Remember, I didn't say you couldn't ask ahead of time, I said in most cases you will be ignored until there's a final product to see. And even if tentative rights were given (based on seeing the final product), it's not until you're finished that the publishers give the final yes/no. I've seen everything indicate yes for literally months, and then publishers say, "Nah, we changed out mind" when it came to final approval. You think it's hard for drum corps, try getting rights to synch music to a tv show or film.

Madison was live-streamed in it's entirety...but at that time no one gave a crap about streaming rights...

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That is essentially what Tresona does. I've used them to secure arranging and performance rights for my band. Yes, they work for the publishers, but they also work for me as an arranger/director. The process has never been so streamlined and easy.

And expensive! I use them for my band as well, but licensing my show has gone up between 50% and 250% depending on the season...

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Sort of.

There's no such thing as "video rights", at least not as it applies to drum corps. Madison was in the process of acquiring the rights for themselves as a corps to produce media, and that's why they realized when they did that it would be a problem. At that time, most corps produced their own media (Cd, DVD, etc) and secured rights to do so. DCI/DVD producers were in the cursory stages of rights acquisition for physical media as well. Remember, I didn't say you couldn't ask ahead of time, I said in most cases you will be ignored until there's a final product to see. And even if tentative rights were given (based on seeing the final product), it's not until you're finished that the publishers give the final yes/no. I've seen everything indicate yes for literally months, and then publishers say, "Nah, we changed out mind" when it came to final approval. You think it's hard for drum corps, try getting rights to synch music to a tv show or film.

Madison was live-streamed in it's entirety...but at that time no one gave a crap about streaming rights...

My understanding from DCI was that the corps are generally very good about informing DCI about their music and clips so that DCI can get a head start on licensing in the spring. They basically get a price quote as early as possible. But they don't know who is going to make finals or what tunes and clips they actually end up using, so they wait until after finals to finalize the sale, so to speak. At that time ESOM was no longer available as State Farm (or somebody) had acquired exclusive rights for an ad campaign. In the case of the Peanuts clips from Cadets 2012 DCI didn't find out about the use until they heard it on the field, and there wasn't time to acquire the rights.

I believe that live streaming is covered by statute under the corps' performance rights, so DCI doesn't have to worry about it except to make sure the corps have actually acquired the rights. Don't quote me on this.

Now, during the FN years when many shows were archived during the current season, I suspect DCI was relying on the fact that they were putting in a good faith effort to secure the rights. I mean, since there were so many lower corps in those contests and never any blackouts, I can't believe they really acquired those rights beforehand. Come to think of it, that might be part of what got them into trouble.

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