independent and unofficial
Prince fan community
Welcome! Sign up or enter username and password to remember me
Forum jump
Forums > Prince: Music and More > Prince's music used in commercials
« Previous topic  Next topic »
Page 2 of 2 <12
  New topic   Printable     (Log in to 'subscribe' to this topic)
Reply #30 posted 10/12/09 10:40am

OnlyNDaUsa

avatar

sgmusic said:


Regarding cover tunes: I have been in the music business for over twenty years and I know that no artist (writer or copyright owner) can refuse the (cover) use of published music for a tribute/compilation CD - commercial, movie or otherwise as long as the fee is paid. You run into legal issues when you try to use or sample the original recording or change the lyrics or the arrangement. That absolutely requires the copyright owner's permission. Hence the Weird Al rejection - but you do not have to obtain permission to cover a published song. You just have to pay the fee.



Isn't that 'compulsory license' limited? I have read that it doesn’t allow for broadcast. It would also not allow for use in a commercial. Even songs CLOSE to a real song have lead to law suits. Burse Springsteen sued a car company over a song that sounded a little too much like "born in the USA."

Also, Prince talked about this issue in an interview. I am thinking it was in Essence.


opps it was Ebony

http://princetext.tripod....ony04.html
[Edited 10/12/09 10:44am]
"Keep on shilling for Big Pharm!"
  - E-mail - orgNote - Report post to moderator
Reply #31 posted 10/12/09 10:47am

ludwig

He wrote a song for Coca-Cola. But as far as I know it was never revealed if it really was "always coca-cola". It would make sense, because coca-cola was the sponsor of his concerts in 1993 and the "always coca-cola" ads were shown on video screens at the rock over germany festivals that year before prince performed.
  - E-mail - orgNote - Report post to moderator
Reply #32 posted 10/12/09 10:51am

Imago

MacDaddy said:

I stumbled across this Volkswagen commercial where basically a valet guy in his boot gets woken up by three Volkswagens. Their headlights flicker, and the cars bump to the beat of Housequake. The guy mimics the words to the song and does quite a funny dance to it. Anyone seen this?

Are there any other commercials you guys know of where P's music is used?

It's a cute commercial.

The guy is cute too mushy



I don't recall that the commercial was ever released though?




I believe Prince penned "Uh huh", the song Ray Charles performed in the Pepsi Commercial, no?
  - E-mail - orgNote - Report post to moderator
Reply #33 posted 10/12/09 10:52am

Imago

squirrelgrease said:

MacDaddy said:



Ok, thanks and yes I agree, it's very well done.
Maybe Tampax can use 'I love U in me', would love to see someone have a go at that one wink


falloff

co-falloff


lawd!
  - E-mail - orgNote - Report post to moderator
Reply #34 posted 10/12/09 10:57am

OnlyNDaUsa

avatar

MacDaddy said:



Ok, thanks and yes I agree, it's very well done.
Maybe Tampax can use 'I love U in me', would love to see someone have a go at that one wink


lol
I am thinking of a few others that are even more descriptive.
"Keep on shilling for Big Pharm!"
  - E-mail - orgNote - Report post to moderator
Reply #35 posted 10/12/09 11:03am

sgmusic

avatar

OnlyNDaUsa said:

sgmusic said:


Regarding cover tunes: I have been in the music business for over twenty years and I know that no artist (writer or copyright owner) can refuse the (cover) use of published music for a tribute/compilation CD - commercial, movie or otherwise as long as the fee is paid. You run into legal issues when you try to use or sample the original recording or change the lyrics or the arrangement. That absolutely requires the copyright owner's permission. Hence the Weird Al rejection - but you do not have to obtain permission to cover a published song. You just have to pay the fee.



Isn't that 'compulsory license' limited? I have read that it doesn’t allow for broadcast. It would also not allow for use in a commercial. Even songs CLOSE to a real song have lead to law suits. Burse Springsteen sued a car company over a song that sounded a little too much like "born in the USA."

Also, Prince talked about this issue in an interview. I am thinking it was in Essence.


opps it was Ebony

http://princetext.tripod....ony04.html
[Edited 10/12/09 10:44am]



Perhaps...I'm no lawyer..I've done covers and paid the fees. Which incidently are higher depending on several things, such as how the cover will be used, how many duplications there will be, where they will be sold etc.

[edit] U.S. copyright law
Since the Copyright Act of 1909, in the United States there has been a right to record a version of someone else's tune, whether of music alone or of music and lyrics.[7] A license can be specifically negotiated between representatives of the interpreting artist and the copyright holder, or recording of published tunes can fall under a mechanical license whereby the recording artist pays a standard royalty to the original author/copyright holder through an organization such as the Harry Fox Agency, and is safe under copyright law even if they do not have any permission from the original author. The mechanical license was introduced by Congress in order to head off an attempt by the Aeolian Company to monopolize the piano roll market.[8]

[b]While a composer cannot deny anyone a mechanical license for a new recorded version, he or she has the right to decide who will release the first recording of a song;[/b] Bob Dylan took advantage of this right when he refused his own record company the right to release a live recording of "Mr. Tambourine Man".[7]
"If you wanted to buy a Sam Cooke album, where would you go?"
  - E-mail - orgNote - Report post to moderator
Reply #36 posted 10/12/09 12:09pm

MacDaddy

OnlyNDaUsa said:

MacDaddy said:



Ok, thanks and yes I agree, it's very well done.
Maybe Tampax can use 'I love U in me', would love to see someone have a go at that one wink


lol
I am thinking of a few others that are even more descriptive.


Spill it, spill it biggrin
  - E-mail - orgNote - Report post to moderator
Reply #37 posted 10/12/09 12:31pm

OnlyNDaUsa

avatar

MacDaddy said:

OnlyNDaUsa said:



lol
I am thinking of a few others that are even more descriptive.


Spill it, spill it biggrin



"the Holy river"
"Keep on shilling for Big Pharm!"
  - E-mail - orgNote - Report post to moderator
Reply #38 posted 10/12/09 12:42pm

MacDaddy

OnlyNDaUsa said:

MacDaddy said:



Spill it, spill it biggrin



"the Holy river"

biggrin lol
  - E-mail - orgNote - Report post to moderator
Reply #39 posted 10/12/09 1:11pm

squirrelgrease

avatar

sgmusic said:

Regarding cover tunes: I have been in the music business for over twenty years and I know that no artist (writer or copyright owner) can refuse the (cover) use of published music for a tribute/compilation CD - commercial, movie or otherwise as long as the fee is paid. You run into legal issues when you try to use or sample the original recording or change the lyrics or the arrangement. That absolutely requires the copyright owner's permission. Hence the Weird Al rejection - but you do not have to obtain permission to cover a published song. You just have to pay the fee.


This should be in the FAQs. It explains the whole cover/sample/parody scenarios in a nutshell. People always seem to want to argue about this, but it's pretty straight-forward.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
  - E-mail - orgNote - Report post to moderator
Reply #40 posted 10/12/09 11:52pm

BartVanHemelen

avatar

MacDaddy said:

I stumbled across this Volkswagen commercial where basically a valet guy in his boot gets woken up by three Volkswagens. Their headlights flicker, and the cars bump to the beat of Housequake. The guy mimics the words to the song and does quite a funny dance to it. Anyone seen this?


IIRC: not a real ad, but a student's work.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #41 posted 10/12/09 11:54pm

BartVanHemelen

avatar

ernestsewell said:

OnlyNDaUsa said:

Found it. eek Wonder how much they paid him?


There are basic fees to cover someone's song. Artist's can't price themselves out of the market in that regard, so it wasn't some exorbitant amount of money.


But artists do have to give permission for songs to be used in commercials.

Why can't people distinguish between the SONG and the RECORDING?
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #42 posted 10/12/09 11:59pm

BartVanHemelen

avatar

ernestsewell said:

Remember also that Prince said no to Weird Al covering "Let's Go Crazy", so he does have some say so in it...


For fuck's sake: there's a FAQ on Weird Al's site and STILL PEOPLE PREFER TO SPOUT IGNORANT RUBBISH.

Weird Al doesn't have to do ZILCH, but he PREFERS to get the OK for the original artist.

ANYONE can parody ANY song that's ever been released WITHOUT CONSENT.

Sheesh, some of you think the music biz should be regulated like some fascist organisation. The rules are simple and anyone can google them, but nooooo, you'd rather make shit up. I've been pointing this out for more than ten years, but Prince fams rather spread ignorance, or repeat lies Prince told them, or make shit up. Why the fuck are you lot so proud to be so ignorant? Think, it ain't illegal yet.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #43 posted 10/12/09 11:59pm

BartVanHemelen

avatar

Tame said:

"Uh Huh." the jingle for Pepsi. cool


I hope you were joking.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #44 posted 10/13/09 12:04am

BartVanHemelen

avatar

sgmusic said:

You run into legal issues when you try to use or sample the original recording or change the lyrics or the arrangement. That absolutely requires the copyright owner's permission. Hence the Weird Al rejection


WRONG. Sheesh, now folks inside the business are spreading ignorance.

http://www.publaw.com/parody.html

http://www.weirdal.com/faq.htm

Does Al get permission to do his parodies?

Al does get permission from the original writers of the songs that he parodies. While the law supports his ability to parody without permission, he feels it's important to maintain the relationships that he's built with artists and writers over the years. Plus, Al wants to make sure that he gets his songwriter credit (as writer of new lyrics) as well as his rightful share of the royalties.


But hey, what does he know -- it's not like he makes his living from this.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #45 posted 10/13/09 12:10am

BartVanHemelen

avatar

sgmusic said:

Regarding cover tunes: I have been in the music business for over twenty years and I know that no artist (writer or copyright owner) can refuse the (cover) use of published music for a tribute/compilation CD - commercial, movie or otherwise as long as the fee is paid.


WRONG.

You need to get a proper license to use a song in a commercial or movie etcetera.

http://magnatune.com/info/license

Basically, whenever music is used in a commercial project or public space, that music has to be licensed for a specific type of use. The rights to use music are bought and sold every day.


http://www.ancientnile.co...ercial.php

When music is recorded there may be more than one copyright owner having an interest in the recording. The music itself may be an original and produced by one person, the lyrics may be an original literary work produced by another person and the sound recording itself can be a copyright work by the studio. Also Performers' Rights may also exist in the recorded music.


http://dreamsteep.com/wri...poses.html

When a song is used in a television program or on film, it is not only performed, but is also reproduced in film, video, and/or CD digital copies. Because performance and reproduction of copies are among the exclusive rights that come with copyright ownership, the film or television producers must obtain the proper licensing to use a song in an audio-visual production. The licensing of songs for audio-visual formats involves two separate copyrights: (1) the copyright in the underlying musical composition, which is owned by the publisher; and 2) the copyright in the specific recording of the composition, which is owned by the record company. A synchronization license (synch license) covers the right to use the composition and a master recording license covers the use of the recording.

Movies are made to be reproduced (as opposed to performed one time only), so filmmakers must obtain both a synch license and a master recording license to use copyrighted music. Commercials and television shows that will be reproduced in syndication also require both licenses. Certain television programs, such as live sports events and awards shows, may use a song with only a performance license from ASCAP, BMI or SESAC, because these programs are one-time performances that are generally not intended for reproduction.

There is no compulsory license (as in mechanical licensing) for synchronization and master recording licensing in audio-visual reproduction. Permission to use the song and the fee are at the discretion of the copyright owners, so an artist/publisher earns whatever he can negotiate for the use of his music on-screen. In television licensing deals, the negotiation issues include the type of media covered by the license (cable TV, network TV, home video, etc), the territory of the license (the U.S., North America, the world) and the term (length) of the license. Because of the greater permanence of movies, film producers will want to buy the rights to use the song in all types of media, throughout the world and in perpetuity, so the price of licensing music for films can be very substantial.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #46 posted 10/13/09 12:12am

BartVanHemelen

avatar

ludwig said:

He wrote a song for Coca-Cola. But as far as I know it was never revealed if it really was "always coca-cola". It would make sense, because coca-cola was the sponsor of his concerts in 1993 and the "always coca-cola" ads were shown on video screens at the rock over germany festivals that year before prince performed.


Uptown claims it is, and I believe them.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #47 posted 10/13/09 12:12am

BartVanHemelen

avatar

Imago said:

I believe Prince penned "Uh huh", the song Ray Charles performed in the Pepsi Commercial, no?


Oh for fuck's sake.
© Bart Van Hemelen
This posting is provided AS IS with no warranties, and confers no rights.
It is not authorized by Prince or the NPG Music Club. You assume all risk for
your use. All rights reserved.
  - E-mail - orgNote - Report post to moderator
Reply #48 posted 10/13/09 4:28am

OnlyNDaUsa

avatar

BartVanHemelen said:

ernestsewell said:

Remember also that Prince said no to Weird Al covering "Let's Go Crazy", so he does have some say so in it...


For fuck's sake: there's a FAQ on Weird Al's site and STILL PEOPLE PREFER TO SPOUT IGNORANT RUBBISH.

Weird Al doesn't have to do ZILCH, but he PREFERS to get the OK for the original artist.

ANYONE can parody ANY song that's ever been released WITHOUT CONSENT.

Sheesh, some of you think the music biz should be regulated like some fascist organisation. The rules are simple and anyone can google them, but nooooo, you'd rather make shit up. I've been pointing this out for more than ten years, but Prince fams rather spread ignorance, or repeat lies Prince told them, or make shit up. Why the fuck are you lot so proud to be so ignorant? Think, it ain't illegal yet.


CAMPBELL, aka SKYYWALKER, et al. v. ACUFF ROSE M
http://www.law.cornell.ed...92.ZS.html

Pretty much the SCOTUS said: parodies are protected.
"Keep on shilling for Big Pharm!"
  - E-mail - orgNote - Report post to moderator
Reply #49 posted 10/13/09 10:26pm

PurpleDiamond2
009

kewlschool said:

Pizza Hut used "Cream" in a commercial. (All vocals were taking out) It was clearly Prince's version. It was in the year DP came out or the year after.


what the??? eek out of all songs they could have used lol
  - E-mail - orgNote - Report post to moderator
Reply #50 posted 10/14/09 2:59am

Huggiebear

avatar

What about Butt Out Jeans and The Prince car alarm, where the scream from gett off scares off the car jacker.
So what are u going 2 do? R u just gonna sit there and watch? I'm not gonna stop until the war is over. Its gonna take a long time
  - E-mail - orgNote - Report post to moderator
Page 2 of 2 <12
  New topic   Printable     (Log in to 'subscribe' to this topic)
« Previous topic  Next topic »
Forums > Prince: Music and More > Prince's music used in commercials