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Where the publicist uses music in the advertisement,
the music or jingle may be created in-house, by commissioned original
score, or by obtaining a use licenses for existing compositions.
The writing of new jingles may involve procuring the services
of say 3 composers and choosing the best of the submitted jingles.
See Cross-links: JINGLE.
The complete jingle package supplied would
include music arrangement, charts, hiring singers, musicians and
actors, booking the studio, and mixing, editing, and synchronizing
the audio and video sequences.
The ownership of the copyright of the original
scores may be purchased outright as is the case in flat fees paid
in work for hire contracts. Sometimes, however, the composer and/or
producer may want to retain joint ownership of the copyright which
would provide them with an ongoing piece of the action. Other
agreements may allow the composer to retain only a piece of the
performance rights pie. Or, the composer and/or producer may retain
all rights in copyright ownership and simply license the composition
to the publicist. See Cross-links: COPYRIGHT LAW
under "Copyright Owner," "Work Made for Hire,"
and "Exclusive Rights."
Oftentimes the publicist will seek to obtain
music that is already popular to the public for his music advertisements.
Authorization to use existing music in commercial advertising
must be procured from the copyright owner or from his bona fide
licensing agent, e.g., from his music publisher or mechanical
rights agent. Caution: compulsory licenses may not be used for
advertising music. See Cross-links: COPYRIGHT LAW
under "Compulsory License."
The fee paid for the popular music used in advertisements varies greatly. The rate negotiated depends on the popularity of the song and the scope and length of its use. Highly popular songs can command up to $200,000 for a one year television/radio license in the U.S.. And this amount can top out into 8 figures! A similar license for the Japanese market may also be extremely expensive.
See Cross-links: PUBLICITY-A CLOSER LOOK, PRESS, PRESS KIT, PRESS RELEASE, MEDIA KIT, RIGHT under "Right to Publicity," PUBLICIST, PUBLIC RELATIONS, PROMOTION, RECORD PROMOTION, RECORD PROMOTION-A CLOSER LOOK.
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