[Fmpro] A mechanical question

[Pete]

Michael,

As far as I know, video game mechanical rights are
negotiable in the US. But, unfortunately I've never
licensed anything for video games.

Maybe check with the Game Audio Network Guild...

http://www.audiogang.org

Please share with us whatever you find out!

P e t e
S u r d o v a l


--- Markholden at aol.com wrote:

> 
> 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
> 
> 
> 
> 
> 
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