Re: Where is Mary Tyler Moore Season 5?
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Originally Posted by Carlos Garcia
Also, let's not forget that even though most of the song was edited out, they DID use several seconds of "White Christmas" on the DVD version of the 1st season Christmas episode. Enough was used so that I could tell what song it was, yet I'm sure the amount used was small enough so Fox didn't have to pay any amount to the Irving Berlin estate.
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I know it's not what you're implying, but your post made me think of the oft-repeated statement that if you use fewer than "x" number of notes of a song, you don't have to pay royalties. This is an urban myth. More often than not, if it ends up in court, it comes down to whether or not the snippet of song that was used is recognizable to a lay-person. If it is, then royalties are owed. But even then, there are no hard and fast rules for any of this.
And if you DO have to negotiate royalties, it's just that: a negotiation. It can depend on the range of media where you'll be using the song (TV, radio, DVD, movie, etc.), the length of time for which you want to license it, the geographical area where it'll be heard... and more than anything, what value the licensor thinks the music has to you. If it's a huge hit song that you're licensing, and your production absolutely depends on you using the song (and the licensor KNOWS this!), then they're likely to hit you up for a bigger fee.
I recently was involved in the negotiation for the use of a well-known 50s song in a commercial. Our client had used the full song for the past 5 years in their advertising. This year, we only wanted to use the last line of the chorus: a simple 5-note mnemonic. Yet we still had to pay the same fee as in previous years. The licensor claimed that the song was now part of our client's "brand", and therefore had more value than if it was used as a one-time advertising jingle. The unspoken subtext to this argument was "you've used this song for 5 years now, and we know you can't do without it, so you're going to have to pay handsomely for it".