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Are there mechanicals for TV/commercial use?
Old 28th April 2019
  #1
Are there mechanicals for TV/commercial use?

For song plays on broadcast tv, connected tv, radio, are there mechanical royalties? And I mean both songs used as music in commercials and background music used in tv shows.

I just realized I’ve never thought to check that and I’m not a member of Harry Fox or anything..
Old 29th April 2019
  #2
Quote:
Originally Posted by maxiedaniels View Post
For song plays on broadcast tv, connected tv, radio, are there mechanical royalties? And I mean both songs used as music in commercials and background music used in tv shows.

I just realized I’ve never thought to check that and I’m not a member of Harry Fox or anything..
Nope. Not in the US. You can thank our politicians for that. Harry Fox will pay mechanicals for ringtones on phones and for direct digital downloads (but who really does those anymore?).

In some parts of the world you can get neighboring rights (the equivalent of Mechanical Royalties for public performances). It varies from country to country. Most will pay for In-show placements, not for TV Commercials. But like I said it varies from country to country so there could be some that do.

Sound Exchange here in the US pays neighboring rights for certain internet streaming services (but not all). But they only collect internet streaming, not broadcast at all.
Old 29th April 2019
  #3
Thank you for the response!

So, if I have music being used in shows outside the US, I could be missing royalties? I've had music worldwide in-show in UK, as an example, and quite a few various European countries.

And I know SoundExchange pays royalties for Pandora and other non-on-demand streaming services, but in terms of background music for commercials/tv, would that apply to having a song used in an advertisement airing as a Pandora commercial?
Old 30th April 2019
  #4
Lives for gear
If you still own the publishing (music/lyrics) rights and haven't licensed the song to them, use in a commercial or movie is a definite infringement in the US. Even if the owners of the recording (master/sync) have licensed it to them. If you prevail in court, hefty fees are set by statute... which is why a lot of infringers will negotiate if your lawyer approaches it the right way. There are a few "fair use" defenses, like accidental pickup in a tiny part of a documentary, but it's up to the infringer to try to use them.

BTW, the fact that a broadcaster pays an ASCAP / BMI / SESAC fee just covers public performance of the song as entertainment by itself. Not using it in sync with images, or as background in an ad.

IANAL. OP should really contact one.
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