[Fmpro] A mechanical question

[Markholden@aol.com]

Michael Leahy writestuff at chello.be
Sun May 20 20:32:22 GMT 2007 writes:

>May I pump some collective knowledge? I have been contacted to license a 
>single track into a vid game. A quick question: are mechanical rights at all 
>negotiable in the US? I know that part of the rights is out of the hands of 
>labels and artists in Europe, who must always refer requests to their 
>respective rights organisations. But how does it work stateside?


Hi Michael-- in the US, one issues a synchronization license and a 
master-use license to the owners of the game. This is commonly referred 
to as a "sync and master license" but it's really two transactions. The 
sync license allows the owner of a motion picture to synchronize your 
intellectual property to their visual images. The master license 
additionally allows them the use of your master recording in their 
production within the contractual terms  on which you mutually agree.

These licenses are individually negotiated with all elements on the 
table. On the low side, you pay them for the privilege of being included! 
On the high side, they pay you a million dollars and you get a certain 
number of cents per unit sold. Or ANYTHING in between-- whatever you or 
your agent negotiate. Frankly, I've never considered this negotiation to 
be a "mechanical" transaction. However, that's my problem.

To my knowledge, there are no statutory mechanical royalties attached to 
music in video games sold via retail outlets in the US. It's different in 
Europe, of course.

One thing to look into via SoundExchange would be the "performers right" 
which might kick-in (possibly) from downloads, trailers, or online 
streams of a particular game. These have to do with mechanical royalties 
paid to featured and nonfeatured performers in qualifying product online. 
Contact SoundExchange for their policies.

If anyone else can chime-in on this thread, please do. . .

Mark Holden





************************************** See what's free at http://www.aol.com.