I have a question from a customer asking what kind of license he needs to use a track in a large live show.
If someone could help would be great thank you!
Such questions should be asked to the support service. And you need to explain in detail for what purposes the music will be used.
Thank you @EvgenM I’ll do so.
Live events are not mentioned in the license terms. It seems like the good people at Envato did not think of such uses.
So by default, the Standard license should be the one that’s required in this case.
It’d be great if you could share the answer from support, so we can all know what is the official stand on this.
Here is the answer from suport.
This is Syn from the Envato Customer Success team with an update to your request.
That would depend on a few details. Please check this table to understand the differences between the available types of licenses:
Don’t forget that this license is between you and the author. My response is general guidance only and is not legally binding - if you’re unsure about the license and how you would like to use the item you may want to think about getting legal advice.
Please let me know if I can provide any further assistance.
So they refuse to answer.
Support just gives you a link to the licenses table and tells you to get legal advice… wow.
This is insane!
I already did that ( consult the table) before asking for advice and I thought I was asking for legal advice.
So thats the suport I got.
I would consider what platform this event will be broadcasted on. Will it be broadcast on national TV? Or is the live event a Facebook Live video, or something like it? If it’s the latter, as the I understand the current licence wording, I would say that the standard licence covers it under the wing of “most web uses”. It would be good if things like this could be addressed in PurpleFog’s thread about broadcast licenses.
Duh! My bad, I just realised what you mean by live event!
I don’t think there is any broadcasting here. The license is used for the live event itself, not its broadcasting. This is the live context that is not addressed at all in the license terms.
In any case, the reply from Envato is appalling, and shows that they do not stand by their own terms. They want buyers and authors to interpret those terms by hiring legal counsels. This gives me very little hope that Ben will be able to deliver.
Looking at the licence wording further, I would interpret the following ˅˅ to mean that the standard licence will cover any public performance unless your track is licenced with a P.R.O.
(in which case, it can be used for public performance, but only so long as the customer has paid the required dues to the P.R.O. for the public use of the music)
Paragraph 2 (b) "specific direct playback uses, which are background music for one event, venue or location, one company’s private on-hold music system, or one personal mobile ring-tone.
Paragraph 4 (d) 1. For P.R.O. Music, public performance rights are not included with this license. See clause 14 for more details.
Paragraph 14 (b) Referencing paragraph 4: P.R.O. Music. If the Item is P.R.O. Music, this means the author of the item is a member of a P.R.O. and/or the item is registered with a P.R.O. If you intend to use the P.R.O. Music in an End Product that is publicly performed or broadcast, then you may need to obtain additional performing rights from a P.R.O. and be subject to additional fees which are collected by a P.R.O."
That’s my interpretation only. Someone with better legal knowledge and experience with PROs would know better than me.
I think there is still hope to be had. It is true that the licence only exists between the customer and the author, but Envato’s reluctance to pursue this isn’t necessarily an indicator that they won’t be open to the idea of improving the licence wording and/or implementation. Especially if there is a chance that getting customers to buy the correct licence would increase profits, which I think is a strong possibility. Let’s wait and see what Ben comes up with. You never know!
This is new to me. So they do address this type of use. Same thing with on-hold music. I’m pretty sure, this didn’t use to be included. I gotta get up to date with the terms then!
So here’s your definite answer @DynaMIC-Sound-Produc!
You’re right, I’ve been pessimistic lately.