Comments on: You’d Think They’d Have People to Check This Stuff

By: Lothor

Lothor — Wed, 26 Mar 2008 06:59:38 +0000

What I remember reading, I read quite some time ago. It’s possible what I referred to is an old rule which has since been superseded. By “permission” I’m talking about permission from the artist(s). Permission from a licensing body such as ASCAP is what I termed compensation: they don’t discriminate (in a value-neutral sense) as to who can and can’t use it, they just take the money. I can see that I wasn’t clear about that. I wasn’t talking about using it and then IF you get caught you pay someone off.

Anyway, as I (vaguely) recall what I’m remembering, if you use without getting prior permission from the artist(s) there’s a specific, more or less objective formula for caluclating the proper compensation amount (which I don’t remember any details of), not a third party deciding what the compensation should be on a case-by-case basis. Whereas if you get permission they could give it for free or make compensation $1 or $1,000,000, or whatever the parties agree on.

OTOH if there’s no licensing body involved then the wanna-users would have to deal directly with the artist(s) in question or their representatives.

By: Jason

Jason — Sun, 24 Feb 2008 00:41:09 +0000

Josh,

Permission is ALWAYS required. Compensation is just a part of it, but if you’re using someone’s work, you’re going to need to get their permission. If you don’t you’re setting yourself up for some major litigation.

And it doesn’t matter if it’s “just” for promoting it for potential licensing or advertising. They’re using an artist’s work for their own benifit, if they don’t license it they’re liable for some major damages.

By: Tyler

Tyler — Sat, 23 Feb 2008 04:00:46 +0000

It is odd. First time I saw the trailer I thought someone on youtube had remixed into a personal fanvid, because the music seems so random and out of place.

Perhaps the marketing execs have realized how popular such fanvids hold and decided to try and tap into it?

By: joshschr

joshschr — Fri, 22 Feb 2008 22:23:55 +0000

I think compensation greases the wheels to permission, but I don’t think there’s a “fair market value” that a third party could stipulate to force a creator to share their work. Marvel could offer FF a billion dollar to use their music, but Grohl, et al could still withhold permission. Or maybe I’m misunderstanding your point, Lothor.

I kind of agree with Anonymous. It seems unusual that a non-primetime comic book cartoon would use popular music for a promotion.

By: Lothor

Lothor — Fri, 22 Feb 2008 22:15:17 +0000

I was always under the impression (from reading, not just making stuff up in my head) that permission isn’t actually required, just compensation. One of the reasons people do permissions is the rates are better, plus sometimes for the PR; or vice versa (don’t use because don’t want the bad PR of someone saying they don’t want their music used). AIR “Don’t Worry, Be Happy” was used as the theme music for someone’s Presidential bid (Bush ’88?); Bobby McFarrin was public about not wanting them to use it, but because they paid he couldn’t force them to not use it.

By: Anonymous

Anonymous — Fri, 22 Feb 2008 19:52:02 +0000

The video’s still alive and well on YouTube.

And isn’t it a lot more likely that this was never meant to be an officially-broadcast trailer, but rather an internal thing to show to advertisers and the like?

By: ThiefTMA

ThiefTMA — Fri, 22 Feb 2008 18:56:53 +0000

Well, it’s called Wolverine and the X-Men. I’d link you to the video, but it’s been taken down.

By: yo go re

yo go re — Fri, 22 Feb 2008 17:13:08 +0000

there’s a Wolverine cartoon?

By: Edward Liu

Edward Liu — Fri, 22 Feb 2008 15:47:19 +0000

Sorry, E.D., but all the articles about this (at the WSJ and E! Online) say it’s the Foo Fighters AND their record company suing Marvel.

By: E.D.

E.D. — Fri, 22 Feb 2008 14:52:45 +0000

To be fair, it’s not the Foo Fighters as much as it’s their record company.

By: R

Fri, 22 Feb 2008 14:28:51 +0000

See I wondered about that when I saw it,cuz I doubted they’d be using licenced music in the actual show. If I’d mentioned it to Dave Grohl I coulda been the new Ken Kneisel!