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Scouts License problem


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This is a silly thing to say. How many other corps are having this problem?

Troopers last year. Phantom two years before that.

Sync rights may be the hardest to get, but these days sync rights are as important if not more important than live performance and arrangement rights. If the Scouts can't get the rights in time, then both they and DCI are going to look bad, releasing a finals video with silence for a third of one of the shows.

As is consistent with my disapproval of electronics, I can't rate recorded performance above live performance. It's not that I don't want this matter cleared up in time for the DVDs, though!

Also, for all we know, the Scouts or DCI, whoever is in charge of obtaining these rights, were told, off the record, that they would be able to obtain them, but then someone at one of the licensing agencies or attorney's offices changed his mind, or they're just very slow with paperwork. It happens. Drum corps may just not be very important to them. That certainly happens with song rights in theatre, where the agencies often don't bother to respond to inquiries in any sort of timely fashion, and I certainly have heard of theatres only hearing back after a show has closed -- and often the theatre has just used the song and set aside money for the likely royalty.

I also wonder if the ESoM songwriters will ever know that the Scouts are performing and recording (and would like to synchronize) their piece. Earlier this year, Weird Al Yankovic was denied permission to release a parody of Lady Gaga's "Born This Way",* until Gaga herself heard about the matter and allowed him to proceed -- the request had been turned down by her management team without consulting her.

*Strictly speaking, I believe parody is covered by "fair use", but Yankovic normally asks for artists' permission before parodying them.

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Here's my opinion for what it's worth...

This is a ridiculous state to be in.

1. DCI should have a rule that enforces all relevant permissions should be granted before the season starts. If you don't have permission then you can't play it.

2. If DCI are happy to allow several minutes of silence on what is their premium end of season product then they should not be charging as much as they do.

3. Did I say this is a ridiculous state to be in...?

one problem...see DCi went and released dvd's of 2008, then one of the guys from Phantoms show changed his mind...and DCI had to go and edit everything sold since then.

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one problem...see DCi went and released dvd's of 2008, then one of the guys from Phantoms show changed his mind...and DCI had to go and edit everything sold since then.

If DCI intoduced a rule that ensured all the relative permissions are granted before the 1st show then situations like PR 2008, Troop 2010 & MS 2011 would never happen.

As you and a few other posters have correctly stated, this is not a new phenomenon.

It's us, the DCI fans/customers who will ultimately suffer if this issue isn't addressed asap.

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#@$*!!!!! :thumbdown:

The response I got-

Hello,

As of now, we have received a definite "No" from the licensing companies for Empire State of Mind. Unfortunately, unless the situation is somehow changed, the DVD's will not include the audio for that part. If it happens that they give us the rights after the DVD's have sent, we will find a way to get the complete audio to fans.

Sincerely,

Zongwei

Support@TheFanNetwork.org L1

Drum Corps International

Edited by CUDAKITE
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Earlier this year, Weird Al Yankovic was denied permission to release a parody of Lady Gaga's "Born This Way",* until Gaga herself heard about the matter and allowed him to proceed -- the request had been turned down by her management team without consulting her.

*Strictly speaking, I believe parody is covered by "fair use", but Yankovic normally asks for artists' permission before parodying them.

This is especially interesting given Jersey Surf's choice of rep for this year.

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#@$*!!!!! :thumbdown:

The response I got-

So, I wonder if a letter-writing campaign might be in order.

In case you're wondering, the writers are (LAST NAME FIRST NAME):

AUGELLO-COOK ALICIA J

CARTER SHAWN

HUNTE ANGELA ANN

KEYES BERT

ROBINSON SYLVIA

SEWELL JANET ANDREA

SHUCKBURGH ALEXANDER WILLIAM

Publisher Names and Addresses are:

Publishers/Administrators:

CARTER BOYS MUSIC

C/O EMI APRIL MUSIC INC

C/O EMI MUSIC PUBLISHING ATTN: AUDREY ASHBY

75 9TH AVE FL 4

NEW YORK, NY, 10011

Tel. (212) 492-1200

Email: COPYRIGHTADMIN@EMIMUSICPUB.COM

EMI APRIL MUSIC INC

C/O EMI MUSIC PUBLISHING ATTN: AUDREY ASHBY

75 9TH AVE FL 4

NEW YORK, NY, 10011

Tel. (212) 492-1200

Email: COPYRIGHTADMIN@EMIMUSICPUB.COM

GLOBAL TALENT PUBLISHING

C/O KOBALT SONGS MUSIC PUBLISHING

% MICHAEL PETERSEN

1501 BROADWAY

27TH FLOOR

NEW YORK, NY, 10036

Tel. (212) 247-6204

Email: Contact.USA@kobaltmusic.com

J SEWELL PUBLISHING

C/O EMI APRIL MUSIC INC

C/O EMI MUSIC PUBLISHING ATTN: AUDREY ASHBY

75 9TH AVE FL 4

NEW YORK, NY, 10011

Tel. (212) 492-1200

Email: COPYRIGHTADMIN@EMIMUSICPUB.COM

LELLOW PRODUCTIONS INC

C/O EMI APRIL MUSIC INC

C/O EMI MUSIC PUBLISHING ATTN: AUDREY ASHBY

75 9TH AVE FL 4

NEW YORK, NY, 10011

Tel. (212) 492-1200

Email: COPYRIGHTADMIN@EMIMUSICPUB.COM

Thanks to ASCAP's ACE Database for the information.

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FWIW, BOA does require participating bands to secure all licenses prior to the season. I don't think it is unreasonable for DCI to do the same.

http://www.bands.org/public/resourceroom/copyright/copyright_doc.asp

DCI also requires permissions-to-arrange; that's nothing new. BOA has a small restricted list of synchronization rights, otherwise theirs is also wide open like DCI where the circuit pays the rights. (The small list halfway down.) They're two separate permissions.

I think the problem lies in the fact that repertoire rights permissions can be done up to fairly late in the spring, and that sometimes synchronization rights can run longer after that. While I certainly don't like the problem, I don't know if it's widespread enough yet that DCI might consider mandating that corps submit their official lists sooner so that DVD rights can be obtained in a timely fashion or a denial before the season.

Mike

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When I marched a corps could play anything that they wanted to play. They could even tweak the original arrangement and nobody really cared. But eventually (this gets more American all the time) companies and lawyers realized that they could make money on it. I don't see any other reason for it.

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FWIW, BOA does require participating bands to secure all licenses prior to the season. I don't think it is unreasonable for DCI to do the same.

http://www.bands.org/public/resourceroom/copyright/copyright_doc.asp

While DCI's policy has not been so publicly presented, I'll be shocked to find it to be incredibly different.

I seem to remember that all corps had their preliminary permissions (arrangement, performance, etc. were submitted back in September.

Edited by lastknight
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