Legal / licensing question

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Probably US-centric. Those of you who watch television have likely seen promo ads on TBS this week for Adam Sandler's movie "Mr. Deeds." Scenes from the movie are shown to the backing of Pete Townshend's "Let My Love Open the Door," which is featured in the film. (If I recall correctly, it's played over the closing credits.

The question: Has TBS purchased the rights to this song for these advertisements, or did Townshend essentially sell the song to the movie, so that anyone who purchased the broadcast rights in the future gets the use of the song as part of the package?

― Mitya (mitya), Friday, 2 December 2005 00:06 (twenty years ago)

I'm sure that there's some clause in the publishing agreement between Townshend and the makers of Mr. Deeds that says that the song may be used in "promotion or marketing of the film".

Plus, Time Warner owns both TBS and Atlantic Records. And Columbia Pictures uses Turner as a distributor. So it's all incestious anyway.

― Pleasant Plains /// (Pleasant Plains ///), Friday, 2 December 2005 00:57 (twenty years ago)

one of two possible situations:

1. the filmmakers licensed the song from townshend's publishing company for use in the film. the film was then licensed to tbs for screening and a percentage of monies from that license were given to the publishing company.

2. tbs licensed the song [for the promos] separately in addition to purchasing the rights to air the film. townshend's publishing co receives not one, but two royalties.

― maria tessa sciarrino (theoreticalgirl), Friday, 2 December 2005 01:08 (twenty years ago)

It's doubtful that TBS purchased the rights separately. My guess is the song is tied to the film contractually. What a great movie, though, eh?

― mcd (mcd), Friday, 2 December 2005 01:52 (twenty years ago)

When a song license is purchased it is determined in the contract whether they will receive a blanket license or single use. Obviously the blanket license will cost you a little extra...

― John Jacob, Friday, 2 December 2005 02:13 (twenty years ago)

I haven't seen the ad, but the question is whether the music is used "in context" or added on for the commercial. In other words, most music licenses will include a use for the song to be used if the scene in question is part of advertising. But, yeah as in this ad, it costs much more to use the song specifically and on top of other scenes.

My guess would be that TBS negotiated to use this song independent of any license that the makers of Mr. Deeds did for the movie.

But don't assume that cuz Time Warner owns TBS and Atlantic that there was a better deal. The left hand of media conglomerate usually has no idea what the right hand is doing. Although, now that I think about it, there will sometimes be blanket licenses (e.g., pay a set fee for all the songs from the Atlantic catalog that TBS wants to use).

― Aaron W (Aaron W), Friday, 2 December 2005 02:21 (twenty years ago)

Didn't TimeWarner sell their record company? I know I read that sometime in 2005.

― BeeOK (boo radley), Friday, 2 December 2005 03:17 (twenty years ago)

Didn't TimeWarner sell their record company? I know I read that sometime in 2005.

Yes. Time Warner and Warner Music Group are not connected anymore, and haven't been for a couple of years.

― Vic Funk, Friday, 2 December 2005 12:14 (twenty years ago)

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