VO-BB - 20 YEARS OLD!

[Gp]

I have listed some production music for sale on Ebay. If anyone is interested this is a great buy on some great stuff.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=290365839215

[bobsouer]

Greg,

I wish I had more use for this music. I'd snap them right up.
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The second nicest guy in voiceover.
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[Don G.]

This thread brings up an interesting question for me, for which I (obviously) don't know the answer. I have been tempted to list my Digital Juice BackTraxx2 music library for sale on eBay or elsewhere. But I hesitated because I wasn't sure of any legal ramifications there might be. In other words, when I bought the library, I bought the blanket rights to use the music. Can I legitimately sell them? Do I have to somehow transfer those usage rights or are they automatically included with the CDs?

[Tom Test]

Don, I had the same thought when I saw this thread. Greg, do you know the answer?

I have a Waves Musicians Bundle that I never use (iZotope from Sound Forge 9.0 works for me), so I'd like to sell it. But from what I can tell, it's a major hassle and the transfer fee is almost as much as I think I could get for it.
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Tom Test
"The Voice You Trust"
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[Bruce]

I'm not a lawyer, but I've played one in a commercial and I've stayed at a Holiday Inn so you may or may not be able to rely on my opinion but....

He who owns the music or software also owns the license, so if you sell the discs or the original software download, the license clearly moves to the other party. What the licensing is really trying to prevent is you buying one copy of their creative product and then sharing it with all your friends for free or for a portion of the fee, or heaven forbid, a profit!

To be realistic they have almost no way of knowing who owns it or who's using it after it leaves them so followup and prosecution are very difficult...not impossible, but very difficult. However, that still doesn't give us "license" to share willy nilly with every Tom, Dick, and Harriet.

B
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VO-BB Member #31 Enlisted June, 2005

I'm not a Zoo, but over the years I've played one on radio/TV. .

[Don G.]

But based on your "non-lawyer" opinion, Bruce, it would seem reasonable to be able to sell them as long as we don't retain copies. That makes sense to me, and as you say, since there is no real way of policing the issue, we need only deal with the nman (or woman) in the mirror. Thanks.

If there's any trouble, I'll just tell 'em, "Bruce said it would be okay!"

[Ed Gambill]

I have never played a lawyer, although I did play a Cop twice and an Army Captain once. But I have two cousins who are lawyers one Yale and one Wake Forest. And I own my own personal copy of Blacks Law Dictionary. This is just my opinion with may not be worth very much. Please consult your personal legal council on all matters pertaining to the topic discussed herein.
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With buyout, blanket, royalty free music, it’s all about the "synchronization rights".

With music purchased as personal entertainment the person who has possession of the Record, CD, Cassette, 8 Track, has the right to play and enjoy that music or performance.

We use music as an integral part of post production and this usage fall under "synchronization rights". Synchronization Rights are always held by the owner of the music copyright.

I use published music on my radio program and the station pay the royalty via a blanket license to the rights organization.

With a Buy out Music Library the owner of copyright grants to the buyer a "life time" Synchronization right to use cuts from the library where and when license holder pleases.

There are two type of ownership. Corporeal (a living person) or Incorporeal (a legal entity such as a corporation). It’s very likely that on the death of the living person that bought a license for synchronization that the license would expire. A corporation that is keep in good legal form could hold on to the license for many years.

A local company used a bit of music for a CD that I owned the master right to. Which include performance Synchronization rights. There were two rights associated with the music they used on their commercial, 1) the performance rights and 2) The publishers rights. I let them know that the performer needed to be compensated and they did. I did not tell Steven Sondheim about it, to my knowledge he has never agreed to synchronization of his music. There is not statutory price for synchronization. The cost is what ever the composer/rights holder wants.

I believe that while it seem cut and dry for possession to be a major determinative factor, I would bet that the Synchronization Rights will trump everything else.

Additional reading here http://www.studiocutz.com/
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[Mandy Nelson]

Aw, by the time I got there, the bidding was over. I must learn to keep up around here!
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[Don G.]