New Issues In Television Music Licensing (Part 2)

A. Dramatic Series:

    There are a number of dramatic series which license via an option scheme containing between four and ten separate scenarios all with different fees.  An example of this type of series follows.

    Initial Term: 

    Media: Free TV and Basic Cable TV.  In Context Promo in All Media

    Term: Two (2) Years

    Territory: U.S. & Canada

    Options:

     

    Option 1: All forms of TV (now known or hereafter devised);

    Non-Theatrical/Common Carriers & In-Context Promos in All Media; Worldwide; 5 Years.

    Option 2: All forms of TV (now known or hereafter devised);

    Non-Theatrical/Common Carriers & In-Context Promos in All Media; U.S. & Canada; In Perpetuity.

    Option 3: All forms of TV (now known or hereafter devised);

    Non-Theatrical/Common Carriers & In-Context Promos in All Media; Worldwide; In Perpetuity.

    Option 4: All forms of Home Video and Personal Video/DVD/EST rights (now known or hereafter devised) regardless of the means of delivery (incl. in-context promos in All Media); Worldwide; In Perpetuity.

    Option 5: All Media (now known or hereafter devised) via any distribution method or means of transmission for any viewing device excluding theatrical, all audio visual devices and products for personal use, internet (including without limitation whether by streaming, downloading or otherwise), future networking technologies and storage and retrieval devices for use of the composition embodied in the program substantially as a whole & In-Context Promos to All Media; Worldwide; In Perpetuity.

    Option 6: Internet (whether in streaming, non-permanent downloadable or other formats) including in-context promos in All Media; Worldwide; 1 month (renewable).

    Option 7: Internet (whether in streaming, non-permanent downloadable or other formats) including in-context promos in All Media; Worldwide; 1 year (renewable).

    Option 8: Non-Theatrical/Common Carriers; Worldwide; 1 month (renewable),

    Option 9: EST (Electronic Sell-thru) (incl. in-context promos in All Media); Worldwide; 1 year (renewable).

    B. Shorter Term Licenses

      Certain programs which do not have a projected long audience shelf life since they focus primarily on contemporary events and issues (such as, “Access Hollywood,” “Ellen DeGeneres Show,” “Jimmy Kimmel Live,” “The Tonight Show,” etc.) will many times only request short-term licenses, limited-territory licenses, many times with options.

       For example, one such show requests:

       

       

      Term:

      2 Yr. Worldwide,

      Free/Basic/

      Satellite/Radio/

      On-demand streaming

      Option:

      4 Yr. Worldwide,

      Free/Basic/

      Satellite/TV/

      Radio

      Option 2:

      World, 2 Yrs,

      All TV

      Option 3:

      7 years, Video,

      10,000 Units,

      Worldwide

       

      Another requests:

      License Terms: (Includes in-context advertising and promotion):

       

      1. United States, Canada 30 Days, Free TV only, plus World ex-U.S. and Canada/All TV Media, including but not limited to Free, Basic, Pay, Direct-by-satellite, Subscription and CATV.