Broadcaster buys standard license - What would you do?

tips-and-tricks

#1

Hi there party people,

one of my tracks has been aired on national TV. Nothing special of course, but this time I can’t remember somebody bought a broadcast nor an extended license for that particular track since, at least, 1 year.

What would you do in this case?


Music Licence & TV Advertisement
#2

I’d contact Envato and get them to contact the buyer on your behalf. Not sure if this is a definite solution but it’s worth a shot.


#3

Just had a similar experience and have contacted support.

Basically, last year, one of my tracks was purchased with a standard music license, it appeared in a video that went viral (all well and good) but just recently, Tunesat detected the video (along with my music) appearing in a programme on French National TV.

That’s all I will say for now until I hear more from support. I’ll be interested to see what people think about this situation and how many others have experienced it.

Cheers


#4

Quite frankly, I doubt Envato can to anything about that. I might be wrong. But please let us know how this turns out for you Gae! If Envato has a way to solve this, then I definetely want to know! :slightly_smiling:


#5

Hi Mike, Support is currently looking into it. :+1:

I don’t understand why you don’t think Envato can do anything about it though. Surely, if the YouTube user has sold his video on to the TV networks, then that’s breaking the Standard License usage agreement and he should pay for a broadcast license. If its a case of the TV show and broadcaster airing the YouTube video without the users (or my) permission, then that must be a copyright violation, right? Otherwise what’s the point of copyright at all?


#6

I don’t know the details of your case Gae, but let’s assume Envato will (try) to help out. What will they do? Write a letter with “please buy a broadcast license or…”? Pulling the Youtube video? The video was licensed right, but the airing on TV wasn’t. What if the buyer decides to ignore the e-mail? Contacting the Broadcaster? Nonsense.

Maybe the video with your music just got featured and was not “sold to the broadcaster”. Happens all the time with viral videos. In this case the broadcaster just needs to display the youtube channel name and pay backend royalties when the work is registered with a PRO.

I’d love to contact support with a handful of cases where no broadcast license was bought, but IMHO they can’t do anything about that. Honestly, If there’s a way they can do this, I wanna know. I’m curious, can anybody chime in who had such a case resolved by Envato support?


#7

Let’s wait and see what happens. :+1:


#8

UPDATE: Support are looking into this, have the legal team on board and hopefully should have some news soon! :+1:


#9

Hoping for the best :smiley:


#10

Good news, keep us posted Gae!


#11

UPDATE: Please note, I will not mention any personal names in this update. I am writing this purely in order to share my experience with other AJ authors, in the hope that it might be of some use to you in the future.

So it looks like we’ve reached a stalemate in this situation. The user has pleaded ignorance about his knowledge of the Network broadcast and has now stopped replying to support’s E -Mails after several weeks of toing and froing. I have essentially been told by Envato that they can’t do much more also citing a possible fair usage policy with regards the broadcasting of the YouTube video. The TV show in question was showing a YouTube compilation show with comedy voice-over.
I have though, been in touch with the Network owners of the TV station…a Network with multi-billion dollar turnover I might add. So far I’ve received a standard automated reply directing my “query” to the relevant department but nothing else. I don’t expect to have much success going down this route.

It looks like, in this situation, I/we have no control really over the copyright of my/our own music. So if a YouTube user buys a standard license, and the video migrates to a nationally broadcast TV channel or other, it’s very difficult/impossible to prove if the original user was involved in any deal with the Networks in the hope that they will upgrade the original standard license to a broadcast license. It might just be that the Network has taken the video without their consent but then as far as support is concerned, that’s a legal problem between the user and Network. It also seems that if a TV channel shows YouTube clips (containing our music) in a compilation show, “fair usage” might come into effect. :confused:

So essentially, In this situation it looks like we are either:-

  1. powerless and have to accept that these things might happen
  2. totally dependent on the user’s honesty and/or conscience.

It’s a complex area and one that I just don’t want to get too deeply involved with legally. I have a “what’s the point” attitude at the moment. :frowning:


#12

Thanks for the update Gae.

As I said earlier in this thread: It’s an entire different thing if they just show a youtube clip and I fully support the broadcasters decision. If they would have bought the track for broadcasting and only would have payed for a standard license, THAT would be a case where Envato actually could do something. Featuring a youtube video doesn’t fall in this category. In your case you would have probably been rewarded with backend royalties via your PRO if your track would be registered. That’s how it works in the world of music licensing.


#13

What do you mean by “I fully support the broadcasters decision”?

Broadcaster has not been contacted by Envato and has not come back to Gae yet. Just because they pulled content from another medium, doesn’t mean it’s ok for them to broadcast unlicensed material. I’m sure they had to pay something to the Youtuber. Usually this “Le Zap” show has around 4 tracks they use over and over again, to replace original audio. Probably to avoid any copyright issue that might arise.

Indeed if the track had been PRO registered, the story would have ended well and Gae would have been getting paid. But as you know it’s not the case. The license is all we’re left with, so it needs to be enforced. Or AJ’s policy on PRO needs to change radically and really soon. Until then, we are exposed to exploitation.


#14

I’m sorry, I ment the buyer. But I can’t see any fault from the perspective of the Broadcaster either. Youtube videos get aired on TV all the time, and I highly doubt the buyer or the owner of that video got compensated for that, but I could be wrong here. The composer would be compensated of course, unless he’s with audiojungle. So whose fault is this? Do you get my point?

Let’s not forget Gae, this is a special case. The main focus should be on “Broadcasters buying the standard license”, not “Youtuber bought a standard license for his video, which eventually got featured on a TV show”

Your buyer has bought the right license.


#15

Its still a weird situation. If I played copyrighted material on my YouTube and tried to make AdSense revenue from it, a copyright claim would be made and the AdSense blocked, but isn’t this just the same as what the broadcaster is doing in this instance? They are profiting from other peoples copyrighted material by airing it in their program along with adverts no doubt. One airing was even during prime time.


#16

Got another Broadcaster buying a standard license. Don’t know how to handle this and contacted Envato Support, hope they can help me out this time. The thing that gets me thinking: Is there a scenario where a broadcaster would indeed just need a standard license?


#17

Broadcasters usually have YouTube channels as well, as promotional outlets.


#18

That’s what I tought aswell. Maybe tunesat will help out.


#19

Also, it could just be to create a mockup for approval at this point. The standard price of a license isn’t going to be much to a broadcaster, and it avoids the big boss man saying that he doesn’t like the really repetitive lyrics of the audio track (audiojungle… audiojungle… audiojungle…).

Also, aside from YouTube, it could be for an internal training video, a birthday video for the CEO’s daughter done on company time, a digital press kit, internal presentation for a new show etc etc.

I’d always wait until you have evidence of people using the incorrect license before you go confronting anyone. Obviously keep an eye on it though!