[Fmpro] Getty QQQQQQ's

[kirbyko3@aol.com]

Pump Audio doesn't own anything either. They act as agent... it's a contract, it's non-exclusive representation of your music, no copyright assignment, no work-for-hire, no intellectual property ownership or assignment of rights, no exclusive representation of you or your catalog. They don't take ownership of any of your copyrights or masters.? They act as agent, as does Gorfaine-Schwartz.?If at any time you don't like it, you can leave. Copyright assignment couldn't be part of the sale to Getty because PA doesn't have any copyrights to assign.

And if PA sublicensed its catalog to another entity in exchange for a set fee, and that agency then placed that music, then the composer WOULD get a cut of that overall fee if their music was used. I would encourage you, if you have access to a music biz lawyer via FilmMusic.net, to download a copy of their agreement from their website and have someone pick it apart.?? I'm happy to relay my experience with Pump Audio, but I didn't intend for this thread to become a defense of them.? Sometimes there ARE "good-guys" in the world, and I happen to think that PA is one of them.

So that's my $.02 about Pump Audio, having worked with them both on the biz side in my former life, and as a composer in my current one.

Kerry


-----Original Message-----
From: Mark Northam <mnortham at gmdgroup.com>
To: fmpro at nxport.com
Sent: Wed, 3 Oct 2007 4:39 pm
Subject: Re: [Fmpro] Getty QQQQQQ's



There's a big difference. Gorfaine-Schwartz doesn't "own" anything. Does
(did) Pump Audio? It would appear at a minimum they had a contractual
interest in 50% of the publishing royalty stream in perpetuity for the
placements they made. But what about copyright???

A critical issue: Did PA own any portion of copyright in the music? That is,
did they own any intellectual property assets (copyright) or just the
nonexclusive right to re-llicense the works (no assets, just a contract)?

Was there copyright transfer as part of the sale?

If they owned derivative copyrights in all the works, they would certainly
have more rights to do with those copyrights what they wanted, subject of
course to the deal with the original copyright owner.

Suppose Pump Audio took $10 million and gave another company the
nonexclusive right to re-license a subset of the works in PA's catalog.
Should composers get any portion of that "placement" fee? If not, why?

Is this a catalog "transfer" from PA to Getty?

Now comes the Getty deal, where Getty now has the rights to license the
entire PA catalog. Did Getty buy a bunch of licensing contracts, or
something more, such as copyrights?

Where are the music lawyers when we need them?

Best,

Mark Northam


On 10/3/07 1:31 PM, "kirbyko3 at aol.com" <kirbyko3 at aol.com> wrote:

> 
> Les, if one's agreement with Pump is that PA acts as agent for your music, and
> their accepting your music doesn't guarantee usage, and no payment is due you
> unless your music gets placed, why do you think that I, as a composer, should
> get a percentage of the sale price?
> 
> 
> 
> That's like saying that if someone bought Gorfaine-Schwartz, every composer
> they rep should get a percentage of the sale.? I don't see the connection.
> 
> 
> 
> Kerry
> 
> 
> -----Original Message-----
> From: LesHurdle <leshurdle at avradionet.com>
> To: fmpro at nxport.com
> Sent: Wed, 3 Oct 2007 4:19 pm
> Subject: Re: [Fmpro] Getty QQQQQQ's
> 
> 
> 
> 
> 
> On Oct 3, 2007, at 12:51 PM, Mark Northam wrote:
> 
>> But the question still
>> stands: what does PA exactly own?
>> 
>> * Only a license?
> 
> No the question still is, what did they sell the Getty folk;
> 1   A business model only?
> 2   YOUR product?
> 
> If it's your product.. where is your share of the profit from the sale?
> 
> L
> 
> 
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