[Fmpro] Getty Images Launches Music Licensing Service

[kirbyko3@aol.com]

Excellent questions!? I'll tell you what I know based on my agreement with them, which is just the standard Pump artist agreement.


1. What does (did) Pump Audio "own"? Do they own copyright to the music in
their library? If so, is it a derivative copyright?
*** No, their agreement is a non-exclusive licensing arrangement with the writers and master owners. They act as
agent for your work that's in their catalog. They keep 50% of the licensing fee and 50% of the publishing PRO income.
You keep 50% of the PRO income and 100% of the writer's share of PRO. No different from some of the other music
libraries out there, and certainly a much better deal than some of them, which want to make you sign a work-for-hire
agreement with no upfront money, where they own everything outright but will give you 50% of the licensing fee if they
should get it placed. In the meantime, you're dead in the water and can't exploit the work.

2. If PA does not actually own copyright, but only have a license to resell
musical works owned by others, what actually was "sold" in the transaction
with Getty Images? Rights to sell something they don't own, or something
more? ***Part 1 of that question: not sure exactly, but wouldn't it be the same deal as an agency like Getty
buying out a small photo agency, who acts as agent o/b/o photographers? I don't see
anything suspicious there at all.

3. If a composer pulls a work from the PA catalog, what rights does that
leave PA with and for how long? **Once you give notice about a composition, I think they have 6 months
to remove it from their system and their clients' Pump Drives (don't have the contract in front of me). 
The notice period is extremely reasonable -- just the amount of time it would take for them to expunge the
music from their system and remove it from Pump Drive (hard drives distrib'd to clients) updates.

4. Do PA composers with catalog get to see all actual amounts paid by
customers who license musical works?  *** I suppose you could ask, but most broadcasters who use them have a per-show
blanket agreement. Let's say they get $2000 for a 1-hour documentary. They keep 10% off the top as a music supervision fee
(I know, I know) and the remaining amount is split in half. They take half, and the remaining half is split up among all the cues
in that show.  A lot of cues used = you don't make much at all. A handful of cues used = you get more $$.

Compared to other production music libraries, it's a great deal for an artist or composer.

As for what Getty was purchasing, my guess is they were buying the company, its assets, its contacts, its penetration into the industry,
and the profits that would make.




- Kerry


________________________________________________________________________
Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com