Pete Freedman Posted November 15, 2012 Share Posted November 15, 2012 ... Who's taking the rights risk of a corps' show when corps payments are guaranteed? Seems to me that corps payouts should be determined AFTER the list of needed rights, and the costs to attain them, are determined, not before. Maybe it's just me. Where is it written that DCI has to take the financial and time risk to attain rights for a corps show? Is it in the by-laws? As I understand it, DCI has to take the financial and time risk, because they are the ones wanting to make the product. In other words, DCI is bound to the corps to given them some kind of payment for sales of media. Presumably that's a contractual obligation of some kind, whether it's in the by-laws or in a separate contract I don't know. I would think a separate contract would be more appropriate for agreements with details that might vary. There may be a 'media agreement' of some kind that all the corps and DCI have to renew periodically. I've always assumed this, because that's the way these things usually work, don't they? (How's that for confidence?) Regardless of how the agreement is made, apparently it specifies royalties for the corps from DCI, but doesn't place any responsibility on the corps for the sync rights to make that possible. Presumably then, those corps with significant deletions in the video still get their sales cut. This makes me wonder whether corps that are completely removed still get their cut? They may have to, depending on how the contract is worded. I gather all of this from the mere fact that this problem exists; I have no other data. I hear the corps get a cut, so there must be a contract somewhere. DCI apologizes to the corps if they (DCI) fail to get the sync rights. How backwards is that? "We're so sorry you screwed us all over." Sounds like an epic fail on DCI's part, caused by a noted lack of testicular girth. Quote Link to comment Share on other sites More sharing options...
perc2100 Posted November 16, 2012 Share Posted November 16, 2012 perc2100, on 14 November 2012 - 02:11 PM, said:I know for a fact another corps in the last few years new darn well they weren't clearing rights issues with a part of their production, had a 'Plan B,' but decided not to use the alternative because it was cooler to use the original element (knowing it would likely not clear sync rights). That's their choice, and there is apparently not a lot wrong with that attitude. I respectfully beg to differ - there are 34 pages worth of reasons why here... I agree with your assessment, but apparently DCI is mostly OK with corps choosing live performance over archives when it comes to design choices. Quote Link to comment Share on other sites More sharing options...
perc2100 Posted November 16, 2012 Share Posted November 16, 2012 It's not like the design team stops working after tour starts. So you are then asking them to simultaneously split their focus between developing a world class drum corps program while knee deep in the implementation of another. Not an impossible task. I mean other industries operate this way. But higher demands on staff means higher compensation. Either directly to arrangers, etc. or in hiring additional staff to manage the separate trains. It's not as simple as it seems. True but I'm more talking about broad design decisions a year in advance. Corps pick a broad concept, choose source music they want to use and pursue rights clearance 12 months or more in advance. As nothing can happen before getting clearances anyway (at least for arranging and performing), there's a lot of hurry up and wait. During the current year summer tour design teams would obviously be focusing on tweaking the current product, but I think it could be possible to work on the following season's rights clearances early. It would be a challenge, for sure, but since when has a drum corps shied away from a challenge?! Quote Link to comment Share on other sites More sharing options...
Pete Freedman Posted November 16, 2012 Share Posted November 16, 2012 Again, I don't think it's necessary. I suspect the entire issue (as far as audio clips goes) is mostly caused by late sync license requests. So if you can get corps to make these requests the previous summer, you can definitely get them to make the requests by January, which solves the problem without making the creative staff do double duty. I will submit the question (about when these requests are actually made) to DCI's contact web page and post any response here. 1 Quote Link to comment Share on other sites More sharing options...
perc2100 Posted November 17, 2012 Share Posted November 17, 2012 Again, I don't think it's necessary. I suspect the entire issue (as far as audio clips goes) is mostly caused by late sync license requests. So if you can get corps to make these requests the previous summer, you can definitely get them to make the requests by January, which solves the problem without making the creative staff do double duty. I will submit the question (about when these requests are actually made) to DCI's contact web page and post any response here. You're likely correct, and this solution would not enable designers to add samples or make major changes in the spring. I'm personally OK with that, and I'm 100% for "forcing" designers to work within (minor) limitations. I'm still confident Cadets could've gotten the same effect by having someone else record a paraphrased, non-copy righted version of the Peanuts Christmas speech and still gotten maximized effect credit. Heck, maybe they could've gotten an extra .1 by doing something original 2 Quote Link to comment Share on other sites More sharing options...
drumcorpsfever Posted November 17, 2012 Share Posted November 17, 2012 I'm still confident Cadets could've gotten the same effect by having someone else record a paraphrased, non-copy righted version of the Peanuts Christmas speech and still gotten maximized effect credit. Heck, maybe they could've gotten an extra .1 by doing something original Bluecoats did their own voice-overs in 2012. They weren't "afraid, alone, or scared" to do it! 4 Quote Link to comment Share on other sites More sharing options...
Njfritz Posted November 19, 2012 Share Posted November 19, 2012 I want my money back.. Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted November 19, 2012 Share Posted November 19, 2012 I agree with your assessment, but apparently DCI is mostly OK with corps choosing live performance over archives when it comes to design choices. so then they realize they're losing money 1 Quote Link to comment Share on other sites More sharing options...
Pete Freedman Posted November 22, 2012 Share Posted November 22, 2012 From Ric Oberlin at DCI: Hello Pete, Thank you for your interest in Drum Corps International. I have seen many of the posts in the online forums, and while I don't intend to publicly post, I am happy to answer questions that I can directly for you to share. The answer to your question regarding the audio clips used by the Cadets specifically is that we were never informed by the corps. We became aware of the additions to their performance mid-season and began reacting at that point. The corps was advised that while we would pursue obtaining the master use rights required to use the original audio clips, we believed that rights would ultimately be denied, and would likely not be able to be presented in post-season audio and video products. The normal process for the corps is to inform DCI of their programming in the winter so that the processes for permissions can begin. We have identified that some of the breakdown that has occurred recently is due mainly with regard to changes that corps' staff and designers have made once the season has begun. Additionally, the relatively recent use of original performances of other copyrighted material being incorporated into the corps design and performance has complicated matters significantly. Master Use rights are required to utilize these works and these types of rights are proving to be more difficult and less likely to be obtained. Drum Corps International exists to serve the corps and our fans. We continually strive to be ahead of the curve on these issues to the best of our ability and are very proud of our record as leaders in music licensing compliance within the industry to protect the organization, the corps, and the rights of all related artists. Therefore, we are auditing our current processes and procedures, and will continue to adjust them to adapt to the ever-changing landscape. We will continue to work hard to ensure that the performers on the field can captivate live audiences throughout the country, and be presented for posterity as a living record of their achievements. -- Thank you for supporting Drum Corps International and its member organizations. Ric Oberlin Operations Director Drum Corps International Marching Music's Major League™ Thanks to Mr. Oberlin for clarifying this. He gave permission to quote the email. So, this supports the contention that this is not so much a matter of the time it takes to get sync rights, it is a matter of informing DCI early enough. At least in this instance. 2 Quote Link to comment Share on other sites More sharing options...
Gary Matczak Posted November 22, 2012 Share Posted November 22, 2012 (edited) So, this supports the contention that this is not so much a matter of the time it takes to get sync rights, it is a matter of informing DCI early enough. At least in this instance. wait,.....................so,................isn't that essentially the same thing? Edited November 22, 2012 by Gary Matczak Quote Link to comment Share on other sites More sharing options...
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