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Hopefully your band scored well with this music - would a unit that scored better be more likely to obtain the rights, or vice-versa? :dry:

Personally, I doubt the rights-holders looked at that. I know they never asked us for placements or scores, and we are not a National level marching band by any stretch of the imagination. We compete in USBands, in the class II Open division. We did pretty well with the charts, actually. I just watched an early season performance that is posted on Youtube, and the music worked well...though that show was very rough (but we won our class and every caption, since it was early season).

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Help me understand this:

1. Madison secured all rights for ESOM.

2. After that had occurred, an insurance company purchased sole synch rights.

3. The insurance company, which obtained its rights after Madison had obtained their rights, owned these rights retroactively? Doesn't pass the common sense test, but that would not be the 1st time that has happened

I'm not sure about #1. From the Boo article, it looks like it was only a price quote that Madison had, presumably since DCI is traditionally responsible for the synch rights. (although the article does not specify this). It looks to me that they got told yes, then they got told no.

So, does anyone know

- Did Madison (or DCI) actually have a paid contract in hand for those rights?

- If it was a quote, are such quotes legally binding?

- If there was a contract, was there a clause allowing the rights holder to back out?

- If not, what strategy did the rights holder use to reneg on the agreement? Did Madison (DCI) get their money back?

Edited by Pete Freedman
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Wait, there's a third option. Maybe they didn't even have a quote exactly, but rather a general indication that the rights were available - pending negotiation - at a reasonable and customary cost, and they were in that negotiation phase when the game changed.

Anyone here know for sure?

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Personally, I doubt the rights-holders looked at that. I know they never asked us for placements or scores, and we are not a National level marching band by any stretch of the imagination. We compete in USBands, in the class II Open division. We did pretty well with the charts, actually. I just watched an early season performance that is posted on Youtube, and the music worked well...though that show was very rough (but we won our class and every caption, since it was early season).

I guess my attempt at humor failed...

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My guess on the ESOM issue (and I have no proof of this whatsoever, just a gut feeling) is that the conversation went something like this:

"Hi, this is State Farm, can we talk to the sync rights holder for ESOM?...We would like to purchase EXCLUSVE sync rights for your song...Oh, some organization called DCI asked you already for sync rights?...Wait, what does DCI do again?...Oh, sounds nice...How much are they paying you?...Ok, how about we pay you 10 times as much?...Great - thanks, and have a good day."

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Sounds like how Hershey, PA lost the long running corps show. Destinys Child was willing to pay big bucks to put on a show same night as the corps show. As the owners of the stadium refuse to sign contracts with anyone wanting to use the stadium (even Big 33 Football Game) is was easy to take the money and tell the corps to take a hike.

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