Here’s a link to the Fisherprice ad and it is the third ad along, it appears to be from a TV broadcast. McCann China sent me this link: https://v.qq.com/x/page/t0716dw8osr.html
The response I got from McCann China https://en.wikipedia.org/wiki/McCann_(company) was this:
" The video was uploaded to Tencent by a personal account, it’s not a online broadcast video and there’s no media spending on Tencent.
It follows “most web uses” in all of the licenses including the license we’ve bought"
This is a global advertising company and they want me to accept that this was a personal video???
What do you all think?
Info about Tencent:
Tencent Video Téngxùn Shìpín ) is a Chinese video [streaming] As of April 2018, it has over 500 million mobile [monthly active users] and 63 million subscribers. It is estimated that Tencent Video will be generating a revenue of 18.3 billion yuan by the end of 2017.
Tencent Video features video content on China’s biggest television maker, [TCL Corporation]
Unfortunately, as Tunesat doesn’t track channels from China, their word is all you can get.
It is not unusual for advertising companies to have music needs that are not destined to be broadcast. Online advertising is huge and in demand, so it is very possible that they indeed used your music solely in a web context.
With AJ licensing model, even a global company such as McCann or their customer Fisher Price, can use the Standard license.
Not much you can do. Unless you manage to find proof that you music was indeed broadcast.
I agree it is very difficult to prove. The video definitely looks like a run of ads though…
It does look like a run of ads indeed. But McCann would have much to lose by lying to you. Don’t think they would risk it, just to save a few hundred bucks.
I don’t know, but maybe your P.R.O. can help to deal with it, since they are interested in their royalties share.
I haven’t registered the track so maybe that’s the answer, I can get retrospective royalties, not sure if they cover China though…
Although I don’t know about this particular case, it is very normal for huge companies to make hundreds, if not thousands, of small videos only for web use. I have licensed tracks myself to a couple of the biggest companies in the world for videos that were only used on YouTube, sometimes just in one of their smaller locations. No broadcast there unfortunately.
On the other hand, I have also gotten royalties several years after ads have aired, which were quite significant (several thousand). So that’s something definitely worth pursuing.
Definitely registering this track now! Thanks