[Perform-talk] Rights to a Jingle

[Brad Dunse]

Eddie,

No worries. It is, and always is, your copyright and right to change or 
not. They can ask you if you'd change something for them to use it, but 
they can't just change it themselves. They receive no royalty from it. They 
likely will have to apply for a sync license to be able to air it on TV. 
Perhaps a master license and mechanical non-compulsory license depending on 
what they all wish to do with it. You might wish to get it air ready, 
approach the right contacts in the company. Which doesn't mean "Dear 
Marketing Director", it means finding out through what means you need to 
contact personally the person in charge of these things, present it in a 
professional way, as the professional you are. If they offer you a contract 
, it would be good with a company this size and potential if they were in 
fact interested, to have an entertainment attorney look at it. Regular 
attorney's do not know the standard fare. It could be they would try to 
offer you a one time purchase of it along with all the rights, but I 
wouldn't do that myself. Someone mentioned NSAI I think? Can't remember if 
that was here or another list, , if you are a member, you can always 
utilize them for specifics too. SongU.com also has classes on these types 
of things. There are also books like This Business Of Music available form 
RFB&D that explain a lot of things.

Brad


At 11:12 AM 3/25/2010, you wrote:
>Hi Brad.  Sorry it has taken me so long to write back.  this is very 
>helpful.  Now, if they change the jingle and I agree to the changes, what 
>sort of royalties do they receive as a result of those changes if any?
>----- Original Message ----- From: "Brad Dunse" <brad at braddunsemusic.com>
>To: "Performing Arts Division list" <perform-talk at nfbnet.org>
>Sent: Tuesday, March 09, 2010 4:39 PM
>Subject: Re: [Perform-talk] Rights to a Jingle
>
>
>>Copyrights are owned  from the point of the pen hitting the paper. Proof 
>>of that is where it matters, hence the registration of copyrights through 
>>the Library of Congress Copyright Office. If it is something you plan to 
>>pitch to them as a promo that's cool, but it ought be  demoed in a 
>>professional ready to go out of the box jingle, with openess to changing 
>>it if they wish to fit any commercial motif they may be heading on. If it 
>>is a song or something you're going to YouTube, care need be taken using 
>>their name. Most times using a trademarked name or common name in  a song 
>>is OK as long as it shows them in good light, from a performer they feel 
>>is likeable. As for their owning your jingle simpley because you used 
>>their name, they have none. You'd only be pitching it to them and if they 
>>say no, its a moot issue because it won't be on the market or flying 
>>about anywhere. Hope that helps. Good luck on  that project.
>>
>>Brad
>>
>>
>>
>>
>>
>>
>>
>>
>>At 04:28 PM 3/9/2010, you wrote:
>>>Hi listers.
>>>I have written a jingle for Starbucks and would like to know if I can 
>>>copyrite it as my own or if Starbucks would have a legal claim to it 
>>>since it mentions their name.  Thanks.
>>>Eddie
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>>
>>Brad Dunse
>>
>>Courage is being scared to death and saddling up anyway
>>
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>>E Mail: brad at braddunsemusic.com
>>
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Brad Dunse

The greater danger for most of us is not that our aim is too high and we 
miss it,
but that it is too low and we reach it

Phone: 715-760-0712
E Mail: brad at braddunsemusic.com

Website: http://www.braddunsemusic.com

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