Just want to double check. I have licensed music for a manufacturing clients tv commercial (I’m sure they’ll put it online too). They want to make the commercial a “taggable” where any of their distributors throughout the US can change the sale being offered. So, 1 main spot and in Cleveland the sale might be “free financing” , in Chicago “50% off labor” etc.
They want to let their distributors find local production companies to take the “master spot” we produce, then fill in the blanks on the local sale. (Insert a voice over and typed graphics explaining the sale.) The local production company would then get this to the tv or cable station for airing.
Would this be within the terms of my original music license agreement with Envato?
I tend to agree with @St-TropezMedia. The distributors would make different end-users. I don’t think the “allowed variation” policy could apply in this case. At least, you could certainly argue against it.
But that specifically says, " You’re making a version with avery minorrevision to text or content"
This is more than a minor change. They are changing the city & phone graphics. Also the “deal” (Think “50% off labor and free delivery”) both in audio and graphics on-screen. For a 30 second tv commercial the “deal” maybe up on screen 8 of the 30 seconds.
Correct. And making more than a “minor change” will require a separate license.
Reread the relevant section concerning music as well -
“For all other types of items, each license you purchase only allows you to make one unique end product (which can be copied and made available to end users of that product). The end product depends on the nature of the item.”
“A piece of music can be added to video footage to create one complete video. If you want to make a different video with the same music, you’ll need to purchase a new license.”
Since they’re changing the city & phone graphics as well as the “deal”, each spot can only be considered as an individual work requiring its own broadcast license relevant to each market in which the spot is broadcast.
While this may be debated as to whether it falls under minor text revisions, what cannot be debated is that the distributors are separate entities and thus multiple end-users. This is an immediate deal-breaker as licenses including their exception policies such as the “allowed variation” policy, are only valid for one single end-user.
I did send a note to Envato Help and have heard nothing in days. By far, you guys have been way more help in this issue. You all have helped me make my final decision.
I will re-purchase the music with the correct license. Any spots I tag will use it. For the spots being sent to “local” dealers, I will create a “new master” that will not have a music track at all. They can then use whatever they want (and hopefully- license themselves).