Royalty Free/Buyout Music? at DVinfo.net

Eric Wotila · February 1st, 2005, 06:43 PM

I'm looking in to purchasing a buyout music collection, and I'm looking for suggestions as to what some good or well known collections are. I do a lot of news production, so I could use a collection with some good news themes. I'm new to the buyout music scene, so any pointers as to good collections would be extremely helpful!

I'm looking at DigitalJuice's BackTraxx. Any reviews of these? The music seems pretty good, but I have a question about the license agreement (can anyone help me with this?) It says,

"1. The Music may be used, altered, or incorporated according to the guidelines described herein into any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) that is created by YOU provided that production is not then sold or distributed as, or as a part of, a music collection or library. Use of this Music for mass-market retail or distribution requires a separate license that can be purchased by contacting Digital Juice, Inc at 1.800.525.2203 (US) or +1.352.369.0930 (International).".

What I'm concerned about is the last bit about mass-market retail. Does that mean, for instance, if the music is used in a distributed film, a seperate license is required? If not, any ideas what they're saying with that? (I'm no lawyer!)

Thanks in advance for any help here!

Richard Alvarez · February 1st, 2005, 08:40 PM

That is EXACTLY what it means. Most buy-outs have certain restrictions, especially when it comes to feature length films. They all differ though, so you'll have to do your research. A google search under "roylaty free music library" is a good place to start. Most have downloadable samples.

Eric Wotila · February 1st, 2005, 10:06 PM

<<<-- Originally posted by Richard Alvarez : That is EXACTLY what it means. Most buy-outs have certain restrictions, especially when it comes to feature length films. They all differ though, so you'll have to do your research. A google search under "roylaty free music library" is a good place to start. Most have downloadable samples. -->>>

Darn. I do a lot of productions that are planned for distribution. Any ideas on some good music libraries that don't have that kind of restriction?

Also, good music libraries for news themes? I do news prodution for a few stations, and one of them is looking for a new news theme. They can't afford original music, so I'm looking for some good buyout music for that.

Richard Alvarez · February 1st, 2005, 10:27 PM

Eric,
ALL buyout libraries have their own contracts. You WILL have to read them and take note of them. You WILL have to listen to some samples to make up your mind. As I said, You can google a search. If you need a head start try freeplaymusic.com

good luck

Joshua Provost · February 2nd, 2005, 11:45 AM

The way I read the language, that is saying you can't mass market or redistribute the <i>music</i>. It seems a phone call would be in order.

Monty Markland · February 2nd, 2005, 12:50 PM

This is not legal advice, but I would agree that the language could be interpreted in two different ways.

"1. The Music may be used, altered, or incorporated according to the guidelines described herein into any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) that is created by YOU provided that production is not then sold or distributed as, or as a part of, a music collection or library."

This portion seems clear at first. You can use it for anything once you buy it, except as a part of a music collection or library.

"Use of this Music for mass-market retail or distribution requires a separate license that can be purchased by contacting Digital Juice, Inc at 1.800.525.2203 (US) or +1.352.369.0930 (International)."

The problem arises here, and depends on what their definition of "mass-market retail or distribution" is.

The definition is dependent upon, among other things, industry standard definitions, whether their services/products are covered by the Uniform Commercial Code, what a reasonable buyer would take their words to mean... etc. etc.

Mass market retail and distribution or mass market retail and mass market distribution could mean either 1) such activities as to music collections and libraries, or 2) such activities as to any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) , or 3) a third category of activities that digitaljuice fails to define in the four corners of their license.

If mass-market retail and distribution does cover the independent production of commercial films, then what does it mean in the first paragraph "The Music may be used, altered, or incorporated according to the guidelines described herein into any production ... including ... broadcast, [or] commercial?

Perhaps it is okay to use it for broadcast television, but not in a film intended to be distributed to motion picture theaters or DVD rental and sales outlets.

Unclear. I'd make a phone call. I'd be curious to know, as they have some killer stuff on their site. I'd never visited it until now.

Monty Markland

Eric Wotila · February 2nd, 2005, 04:42 PM

<<<-- Originally posted by Monty Markland : I'd make a phone call. I'd be curious to know, as they have some killer stuff on their site. I'd never visited it until now.

Monty Markland -->>>

I called them up today. They told me that that confusing bit shouldn't even be in the license, because they get more questions about that than anything else! I asked about use in a feature film destined for national distibution (of course, that's being extremely optimistic, but better safe than sorry), and they said there's no problem there. I believe they said that that the "mass-market" bit is about use in CD collections, I'm not sure, but they said that any video project that contains the music will be fine, no matter what the distribution status is.

With that cleared up, I'll be buying BackTraxx within the next few days!

Kevin Kocak · February 2nd, 2005, 05:03 PM

I would make sure they take it out of the contract if it shouldn't be there because if you sign the contract and it is there you are bound legally by it. We actually altered their contract to terms that better suited our company and had Backtraxx sign it when we bought our libraries.

February 1st, 2005, 06:43 PM	#1
Eric Wotila Regular Crew Join Date: Jan 2005 Location: Cadillac, MI Posts: 129	Royalty Free/Buyout Music? I'm looking in to purchasing a buyout music collection, and I'm looking for suggestions as to what some good or well known collections are. I do a lot of news production, so I could use a collection with some good news themes. I'm new to the buyout music scene, so any pointers as to good collections would be extremely helpful! I'm looking at DigitalJuice's BackTraxx. Any reviews of these? The music seems pretty good, but I have a question about the license agreement (can anyone help me with this?) It says, "1. The Music may be used, altered, or incorporated according to the guidelines described herein into any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) that is created by YOU provided that production is not then sold or distributed as, or as a part of, a music collection or library. Use of this Music for mass-market retail or distribution requires a separate license that can be purchased by contacting Digital Juice, Inc at 1.800.525.2203 (US) or +1.352.369.0930 (International).". What I'm concerned about is the last bit about mass-market retail. Does that mean, for instance, if the music is used in a distributed film, a seperate license is required? If not, any ideas what they're saying with that? (I'm no lawyer!) Thanks in advance for any help here!

February 2nd, 2005, 12:50 PM	#6
Monty Markland New Boot Join Date: Jan 2005 Location: Dallas, Texas Posts: 17	Language This is not legal advice, but I would agree that the language could be interpreted in two different ways. "1. The Music may be used, altered, or incorporated according to the guidelines described herein into any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) that is created by YOU provided that production is not then sold or distributed as, or as a part of, a music collection or library." This portion seems clear at first. You can use it for anything once you buy it, except as a part of a music collection or library. "Use of this Music for mass-market retail or distribution requires a separate license that can be purchased by contacting Digital Juice, Inc at 1.800.525.2203 (US) or +1.352.369.0930 (International)." The problem arises here, and depends on what their definition of "mass-market retail or distribution" is. The definition is dependent upon, among other things, industry standard definitions, whether their services/products are covered by the Uniform Commercial Code, what a reasonable buyer would take their words to mean... etc. etc. Mass market retail and distribution or mass market retail and mass market distribution could mean either 1) such activities as to music collections and libraries, or 2) such activities as to any production (including but not limited to, broadcast, commercial, industrial, educational, and personal) , or 3) a third category of activities that digitaljuice fails to define in the four corners of their license. If mass-market retail and distribution does cover the independent production of commercial films, then what does it mean in the first paragraph "The Music may be used, altered, or incorporated according to the guidelines described herein into any production ... including ... broadcast, [or] commercial? Perhaps it is okay to use it for broadcast television, but not in a film intended to be distributed to motion picture theaters or DVD rental and sales outlets. Unclear. I'd make a phone call. I'd be curious to know, as they have some killer stuff on their site. I'd never visited it until now. Monty Markland

February 2nd, 2005, 04:42 PM	#7
Eric Wotila Regular Crew Join Date: Jan 2005 Location: Cadillac, MI Posts: 129	Re: Language <<<-- Originally posted by Monty Markland : I'd make a phone call. I'd be curious to know, as they have some killer stuff on their site. I'd never visited it until now. Monty Markland -->>> I called them up today. They told me that that confusing bit shouldn't even be in the license, because they get more questions about that than anything else! I asked about use in a feature film destined for national distibution (of course, that's being extremely optimistic, but better safe than sorry), and they said there's no problem there. I believe they said that that the "mass-market" bit is about use in CD collections, I'm not sure, but they said that any video project that contains the music will be fine, no matter what the distribution status is. With that cleared up, I'll be buying BackTraxx within the next few days!

February 1st, 2005, 08:40 PM	#2
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	That is EXACTLY what it means. Most buy-outs have certain restrictions, especially when it comes to feature length films. They all differ though, so you'll have to do your research. A google search under "roylaty free music library" is a good place to start. Most have downloadable samples.

February 1st, 2005, 10:06 PM	#3
Eric Wotila Regular Crew Join Date: Jan 2005 Location: Cadillac, MI Posts: 129	<<<-- Originally posted by Richard Alvarez : That is EXACTLY what it means. Most buy-outs have certain restrictions, especially when it comes to feature length films. They all differ though, so you'll have to do your research. A google search under "roylaty free music library" is a good place to start. Most have downloadable samples. -->>> Darn. I do a lot of productions that are planned for distribution. Any ideas on some good music libraries that don't have that kind of restriction? Also, good music libraries for news themes? I do news prodution for a few stations, and one of them is looking for a new news theme. They can't afford original music, so I'm looking for some good buyout music for that.

February 1st, 2005, 10:27 PM	#4
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	Eric, ALL buyout libraries have their own contracts. You WILL have to read them and take note of them. You WILL have to listen to some samples to make up your mind. As I said, You can google a search. If you need a head start try freeplaymusic.com good luck

February 2nd, 2005, 11:45 AM	#5
Joshua Provost Major Player Join Date: Sep 2004 Location: Phoenix, AZ Posts: 493	The way I read the language, that is saying you can't mass market or redistribute the <i>music</i>. It seems a phone call would be in order.

February 2nd, 2005, 05:03 PM	#8
Kevin Kocak Regular Crew Join Date: Dec 2004 Location: Tampa, Fl Posts: 149	I would make sure they take it out of the contract if it shouldn't be there because if you sign the contract and it is there you are bound legally by it. We actually altered their contract to terms that better suited our company and had Backtraxx sign it when we bought our libraries.