Quote:
| There's no reason for a record company not to give the right to use a song that they allowed 15 years ago. |
Clearing music rights in this case has virtually nothing to do with the record companies. The song rights are owned by
music publishers, which is a bit of a misnomer because they rarely actually publish anything. These are companies and people who own the rights to songs like real estate. They make money by selling the rights to use a song, or grouping the songs as a package and selling them outright. The latter is how, for example, Michael Jackson came to own the entire Beatles catalog--not the recordings or the music, but the publishing rights to re-use the songs (from which he made a lot of money).
Music publishers don't care if their actions do or don't sell records. They have nothing to do with that. Sometimes artists own their songs, but many times it's just some company or individual who has nothing to do with its creation or music. For example, Sonny Bono couldn't include one of his songs in a rebroadcast of one of his TV shows. He wrote the song and it was his TV show, but the person who owned the publishing rights to half of the song wouldn't grant permission.
As Fox exec Peter Staddon told me for an article I wrote about music rights for TV DVDs: "Often, if you approach an artist, they say, 'Yeah, sure, use it.' Then you talk to the music[-publishing] company, and they say, 'Yeah, you can use it. Here's the bill.' "
About shows like WKRP and The Wonder Years, which use a lot of songs by various artists in one episode, he said: "Each one of those [songs] is a separate negotiation. You could get 95 percent of the music cleared, and if one person is still holding out for something outrageous, then you're back to square one."
Quote:
| I find it short-sighted bordering on incompetance that producers of shows did not make arrangements for clearances beyond network airings and including other media. |
Home video wasn't even a force--and certainly not for TV shows--when many of these shows were popular. But things are done differently now.
Staddon: "One thing we're much better at now is working with the TV production companies up front to make sure we're not going to be facing this issue on titles in the future. When they are in production on something, they clear the music not just for the initial broadcast but also for the home-video rights."