The item was purchased with a standard license and after tracking it down through social media the song is used in a fishing show on Fox Sports Channel in Florida. That would require a broadcast license. Who do i contact? The company who purchased the song or…? Thanks.
I think you have to open a ticket to Envato to claim. Or, at least, they will tell you what to do.
You should indeed contact support. They may be able to help you (though they won’t fight for it).
Gather some information on Fox Sports Florida, how many people can potentially access this channel? Is it available throughout the state? This will help you determine which license was actually required.
Give this info with the username of your buyer (or rather their name as shown in the invoice), with the date and order number, to support so they can contact this user.
In the meantime, look for your buyer’s contact though googling their name, brand,… Envato will not give their contact, as they say they have to protect their customers privacy (they also they that cannot intervene in disputes as the licensing is between the author and his/her customer, which completely contradicts their previous statements, but oh well.)
Once you have a mean to contact your customer, send them a polite message, saying something like “it’s been brought to my attention that you’ve used my track “xxx” in a broadcast context (aired on Fox Sports Fla). However you did not get the correct license, as any broadcast use requires a broadcast license. The Standard license you bought does not cover such uses. Please let me know, how you want to go about it, to get this fixed. Thank you, regards.”
Then wait to see how they respond.
Also, if it goes smoothly, don’t forget to ask them if they filled a cuesheet.
Thanks for the replies. It’s pretty easy to find them as they left their production company name on the invoice. That’s how I tracked down my track…by following their page and seeing what it was used in eventually. I think I will send them a message. Thanks.
So i spoke to the guy. He was extremely sorry and wants to know what he should do. Is there a way to upgrade the license? What should he do to make up the difference in price?
They can either buy the correct license and ask you for a refund for the first incorrect license. Or simpler yet, go though support to ask for an upgrade.
we worked something out. Thanks!
I don’t know how licensing works here, and I have questions about this. The song was already used in a broadcast. Shouldn’t he have contacted a lawyer about compensation for misuse?
The broadcast could have reached a large audience, and get replayed in different formats. Isn’t this similar to only receiving a small fee for a jingle that gets used in a major ad campaign without an agreement for its use? He’s now owed damages for violating their agreement.
In fact yes, he can sue them. He can try to get cash which will be few times bigger than he lost due to illegal broadcast (broadcast license + eventually PRO royalties). That’s what I’ve heard, I’m not a lawyer.