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Titles Caught in Music Rights Limbo (MRL) blocking Blu-ray releases... (1 Viewer)

Kyrsten Brad

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Good Day folks. Thought I'd start this thread to list titles that are definitely (or believed to be) in Music Rights Limbo (referred to as MRL). This is defined as titles that have had no Region A Blu-ray release due (possibly) to Music Rights Issues (referred to from here as MRIs (hehe!!) with that title. Now some titles listed may have had a VHS or DVD release in the past but as of this writing, no Blu-ray release. Others may have had no home media releases whatsoever, their only appearance outside of theaters being some runs on home cable TV.

Now I'm going to stick to strictly movie titles but this definition could also be applied to TV series that have seen no home media releases due to music rights issues with one such noted example being, until very recently, The Wonder Years (which is getting a long-anticipated DVD release).

My objective here is to establish this thread to talk about Music Rights Limbo, what I know about it and get in touch with people "in the know" especially on how MRIs work, how studios go about resolving MRIs for Blu-ray releases and any general info on the subject. If you happen to be one of these "in the know" people please by all means chime in (and correct me if I'm wrong on any issue).


And without further adieu:

Aloha Bobby & Rose (1975): I start with this title because it is now getting a (second) DVD release (as of July 29th, 2014) from Shout Factory/Timeless Video. I did email Timeless Video about a possible Blu and did get a response. Unfortunately there are no plans for a Blu at this time according to Timeless. In terms of MRL, I do seem to remember some early-mid 1970s hit titles ("Tiny Dancer" by Elton John) in the soundtrack from the limited amount of exposure I had to this film. Also I didn't think to ask my contact at Timeless the reason for no Blu (didn't want to come off as pushy) but I think a very polite inquiry might be in order.

Skatetown USA (1979): Ah yes, my favorite "Holy Grail" of movies which has gained a cult following but has never had any kind of home media release (save for a pirated, very poor quality 16mm transfer available on the "gray market" on DVD). Skatetown USA seems to be the classic MRL film as it has 3 strikes against it getting a blu-ray release. First of all the soundtrack is a mammoth "hit parade" of late 1970s hit songs. As one reviewer put it, "Musically Skatetown USA delivers the goods" and "there are so many hits in this movie, you'll probably never get to see it on home video due to music rights issues". Which follows that even if Sony/Columbia wanted to get this to market, the costs of re-licensing the music would be massive and probably cost-prohibitive.
Second, and this is key, the movie was pretty much a big box-office bomb. If you could talk to a lot of folks from October 1979 when this movie had its theatrical release, the vast majority probably never heard of it.
Which leads to aspect #3, a juxtaposition of the first two aspects. The combination of the high cost of relicensing the music combined with the fact that this title might not sell nearly enough to recover the costs makes for a very formidable obstacle to a Blu release.

Despite this, I still hold out some hope. On the Skatetown USA Wiki page, there was a blurb on it about a year ago where Sony had stated they were looking to get this released on home media but shortly after I saw that blurb, it vanished from the page. And this movie did feature Patrick Swayze in his very first feature role so that would in itself merit a home media release of some sort.

At this point I'd like to bring up another movie that has had a Blu release (from Criterion), The Last Days of Disco (1998). I bring up this movie, even if it was released almost two decades after Skatetown USA because Last Days of Disco has a "hit parade" soundtrack very similar to Skatetown USA (lots of late 1970s hit songs, heavy on disco) and one would think the same MRIs . I imagine that Criterion had a lot to deal with musically but they did get it released. One important difference though, Last Days of Disco, while not a box office monster smash did garner praise from film critics back in 1998 (while being overshadowed by the monster movie of that era, Titanic) which may have helped get it released.


I Wanna Hold Your Hand (1978): Like Aloha Bobby & Rose, this one did have a DVD release (there's currently 13 copies available on Amazon) back in Dec 2004. Brought to us in theaters back in 1978 by none other than Back to the Future geniuses, Robert Zemeckis and Bob Gale. Of course back in 1978 these two were simply aspiring movie directors just getting a start.
I bring this one up because definitely no Blu out and this title would likely have major music rights issues (hey the soundtrack consists mostly of songs from the Greatest Rock Band Ever). But it did get a DVD release so some issues were ironed out. I guess Robert Zemeckis and Bob Gale had some good relations with the folks who owned the Beatles library in 1978.
The PQ on the DVD release appears to be (by user accounts) acceptable but definitely shows its 1970s roots. Hey if we can get a DVD, why not a Blu?


Xanadu (1980): Oh yes, the third title in the God-awful Unholy Triad of Roller-Disco Movies which came about in late 1979-early 1980. Xanadu has seen some DVD releases over the past decade but of course no Blu. This film has the "classic" formula of being a total box office bomb but with a killer soundtrack. Olivia Newton-John and Electric Light Orchestra spearheaded the music which yielded several hit tunes on American Top 40. Might these hits be holding up any possible Blu-ray release?

Roller Boogie (1980): I bring Roller Boogie up not because there are major MRL issues, in fact I'd say there really isn't, but for comparison purposes with its "sister" movie from that era, Skatetown USA.
Quick, how many hit tunes can you reel off from the Roller Boogie soundtrack? I thought so, practically none. No comparison to the Skatetown USA "hit parade".
We did get a DVD release so why no Blu-ray release? I imagine there are other reasons and those in the know about this title know a lot more than I do. Still would make a nice triple-play release with its two other roller-disco brethren, Skatetown USA and Xanadu (though Xanadu only briefly goes roller-disco).

Thank God Its Friday (1978): One of the major "disco" films of the late 1970s, this movie actually enjoyed some box-office success as well as garnering a Oscar (for Best Song, Donna Summer's "Last Dance"). Though the soundtrack yielded 2 (or 3) AT40 charting songs, and one big smash hit, the soundtrack doesn't quite match up to the "hit parade" of Skatetown USA. We did get a (bare-bones) DVD release in 2006 but no Blu. Would it be MRIs holding up a Blu? Only Sony/Columbia knows for sure.


Sgt Pepper's Lonely Hearts Club Band (1978): I don't know much about this film and just thought to include it here as it is another film with a decent soundtrack but almost no box-office success despite being produced by Saturday Night Fever mogul Robert Stigwood. Have never seen it but several songs from the Beatles-cover heavy soundtrack did see chart success. Has apparently been released on DVD but no Blu.

Can't Stop The Music (1980): DVD release in 2002, now has somewhat of a cult status but no Blu. Ahhh well...stop the music!!
 

Thomas T

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The most obvious example, I believe, is Looking For Mr. Goodbar (1977) which has been tied up in music rights limbo for quite some time though I've heard rumors its on Criterion's release schedule ..... eventually.
 

Ejanss

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Kyrsten Brad said:
Xanadu (1980): Oh yes, the third title in the God-awful Unholy Triad of Roller-Disco Movies which came about in late 1979-early 1980. Xanadu has seen some DVD releases over the past decade but of course no Blu. This film has the "classic" formula of being a total box office bomb but with a killer soundtrack. Olivia Newton-John and Electric Light Orchestra spearheaded the music which yielded several hit tunes on American Top 40. Might these hits be holding up any possible Blu-ray release?
No, Xanadu came out very recently on DVD, but only to cash in on the Broadway show. Which ALSO treated the movie as the kitschy punchline everyone thought it was in the 80's. (And, um, looks like a lot of people are doing that, aren't they?...)
It's got to conquer THAT bit of injustice and outdated misplaced intolerance before it ever sees the light of Blu. :angry:

Now, as to why Electric Dreams (1984) never even made it to DVD in North America, let alone Blu, that's a bit more on the subject of the thread.

The Pirates of Penzance (1983) was held up for thirty years because of Linda Ronstadt music rights, but now that it finally hit DVD a few years ago, have they been cleared, or is the reason that's not on Blu just more of Universal's catalog-phobia, as with Xanadu?
 

Will Krupp

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Ejanss said:
No, Xanadu came out very recently on DVD, but only to cash in on the Broadway show.
No, you are incorrect. It was FIRST released on DVD back in 1999-2000 (orange cover) and re-issued as a "special edition" in 2009. Kyrsten Brad is completely right in mentioning DVD releases (plural.)
 

Charles Smith

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Did Where the Buffalo Roam ever get an authentic release with its original music intact? I don't know this one very well, myself, and obviously haven't followed it. As I recall, a VHS release had retained everything but a DVD release replaced a bunch of songs. I'd happily acquire a completely authentic release.
 

Will Krupp

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Bob Cashill said:
Not sure why a movie made in the late 90s like The Last Days of Disco would have to contend with music rights issues; these had been ironed out by then.
I agree. I usually tend to think of MRI's (to borrow KB's term) as dating from earlier than the home video boom of the early 80's. I'm sure there must be issues with some releases after 1984's SIXTEEN CANDLES (the one that pops immediately to mind as a famous case) but I can't think of any. By that point, I would think the clearances would have all been included (and future proofed) in any initial sale.
 

Joel Fontenot

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Bob Cashill said:
Not sure why a movie made in the late 90s like The Last Days of Disco would have to contend with music rights issues; these had been ironed out by then.
Will Krupp said:
I agree. I usually tend to think of MRI's (to borrow KB's term) as dating from earlier than the home video boom of the early 80's. I'm sure there must be issues with some releases after 1984's SIXTEEN CANDLES (the one that pops immediately to mind as a famous case) but I can't think of any. By that point, I would think the clearances would have all been included (and future proofed) in any initial sale.
I was thinking the same thing. By the 90s (maybe even the late 80s), I'm sure any music rights issues for a home video release were already ironed out prior to a movie even getting its theatrical release - just because everyone knew that a home video release will be the next step by default. It would have all been negotiated during the initial rights acquisition for the movie.

I also don't know if releasing on Blu-ray would be any different than releasing on DVD. Usually the licensing terms are related to "home video release" - and that should cover anything from Betamax, to VHS, to laserdisc, to DVD to Blu-ray. Maybe terms are dictated by how many releases within a certain amount of time, I don't know.

Maybe someone knows how these terms are defined to limit how something is released.
 

verneaux

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Star Trek's City on the Edge of Forever had to have music replaced. I think it was an Irving Berlin song.

Where's Charlie? has been blocked from release by Frank Loesser's widow who thinks it doesn't represent his best work.
 

Jon Hertzberg

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WAYNE'S WORLD is a '90s title that features an altered soundtrack (albeit slightly) for home video and broadcast cable versions of the film. The "Stairway to Heaven" guitar riff, which appeared in a scene in the original theatrical version, was removed due to rights / royalty disputes.

BAD LIEUTENANT, from '92, also has a Zeppelin-related change in the soundtrack. Schooly D's "Signifying Rapper," which sampled "Kashmir," was removed from most home video versions of the film under threat of lawsuit from Led Zeppelin's management.

As for the original premise of this post, I'm quite certain that if the film is available on DVD, with soundtrack intact, a Blu-ray with that same soundtrack would be entirely possible, should the studio want to release it on that format. So, if Shout isn't releasing ALOHA BOBBY AND ROSE on Blu-ray it's because they've deemed it unfeasible for some other reason (condition of materials, cost v. return, etc.).
Joel Fontenot said:
I was thinking the same thing. By the 90s (maybe even the late 80s), I'm sure any music rights issues for a home video release were already ironed out prior to a movie even getting its theatrical release - just because everyone knew that a home video release will be the next step by default. It would have all been negotiated during the initial rights acquisition for the movie.
 

David Weicker

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I know in the TV forums that Cold Case is mentioned frequently as having issues, and that is a post Y2K series. So it's possible that studios aren't as foresighted as we think they are.
 

Kyrsten Brad

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Jon Hertzberg said:
WAYNE'S WORLD is a '90s title that features an altered soundtrack (albeit slightly) for home video and broadcast cable versions of the film. The "Stairway to Heaven" guitar riff, which appeared in a scene in the original theatrical version, was removed due to rights / royalty disputes.

BAD LIEUTENANT, from '92, also has a Zeppelin-related change in the soundtrack. Schooly D's "Signifying Rapper," which sampled "Kashmir," was removed from most home video versions of the film under threat of lawsuit from Led Zeppelin's management.

As for the original premise of this post, I'm quite certain that if the film is available on DVD, with soundtrack intact, a Blu-ray with that same soundtrack would be entirely possible, should the studio want to release it on that format. So, if Shout isn't releasing ALOHA BOBBY AND ROSE on Blu-ray it's because they've deemed it unfeasible for some other reason (condition of materials, cost v. return, etc.).
I was thinking the same thing actually. There could be other non-soundtrack issues preventing Timeless from releasing a Blu-ray. Not the least of which is the work required for a well-produced HD scan and post processing for making a Blu. As for the music soundtrack of Aloha Bobby & Rose (which seems to have a very similar plot & feel to The Legend of Billie Jean made 10 years later), that does beg your question and one I'd like to ask the studios.
(If the soundtrack for a title is licensed, intact, for a DVD release, does that same license cover a Blu release as well? Or all music rights have to be re-negotiated for a Blu release?)
 

Joel Fontenot

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verneaux said:
Star Trek's City on the Edge of Forever had to have music replaced. I think it was an Irving Berlin song.

Where's Charlie? has been blocked from release by Frank Loesser's widow who thinks it doesn't represent his best work.
Yeah, for Star Trek, it was a Ray Noble recording of "Goodnight, Sweetheart" used in that episode that wasn't heard on any home video release until the initial DVD release in '99 (except, apparently, for a 1980 Paramount release of the episode in it's "Television Classics" series). For a while, I think it was an all instrumental re-recording of that song that was used in it's place.

David Weicker said:
I know in the TV forums that Cold Case is mentioned frequently as having issues, and that is a post Y2K series. So it's possible that studios aren't as foresighted as we think they are.
TV is a different animal. Full season releases of shows were not really all that common until about just after Cold Case started. For the many years of home video, only Star Trek and a handful of other shows were ever expected on video - and most of those were shows that were no longer in production. Remember all the Time-Life commercials for VHSs of various old TV shows being hocked? It's only been the last several years that it's now almost expected for a season of a show to come out on DVD/Blu-ray just before even the next season airs.

I would say that the way Fox treated the original DVD release of The X-Files showed everyone how to package full seasons. Prior to that, Paramount with the 2-episode per disk, and drawn out release schedule of Star Trek TOS showed everyone how NOT to do it.

I know that The Avengers were also being release as season box sets about that time too, but not familiar with exactly when.
 

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Kyrsten Brad said:
(If the soundtrack for a title is licensed, intact, for a DVD release, does that same license cover a Blu release as well? Or all music rights have to be re-negotiated for a Blu release?)
For the very rare times that a studio didn't already get the rights to the music in perpetuity from the beginning, I'm sure they would have done it when they were paying for the rights for a DVD release.
 

ahollis

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verneaux said:
Star Trek's City on the Edge of Forever had to have music replaced. I think it was an Irving Berlin song.Where's Charlie? has been blocked from release by Frank Loesser's widow who thinks it doesn't represent his best work.
Warner's said on FB that the rights issues for WHERE'S CHARLY has been cleared up. They are looking for decent elements to bring it out through WAC. PORGY AND BESS has also solved their rights problems. It's speculated to come from WAC also.
 

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