in all media in perpetuity
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- earendel
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in all media in perpetuity
When I was on Who Wants to be a Millionaire? in December 2000 I had to sign some paperwork that basically gave ABC the right to my image "in all media in perpetuity" (or words to that effect). So should the unlikely occur and I get the chance to be on J!, what happens? Does J! have smiliar language in their contracts?
"Elen sila lumenn omentielvo...A star shines on the hour of our meeting."
- alietr
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Re: in all media in perpetuity
IIRC, yeah, pretty much.
- Volante
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Re: in all media in perpetuity
Wouldn't happen to have the exact text handy would you? Feels like there's details missing from that...earendel wrote:When I was on Who Wants to be a Millionaire? in December 2000 I had to sign some paperwork that basically gave ABC the right to my image "in all media in perpetuity" (or words to that effect). So should the unlikely occur and I get the chance to be on J!, what happens? Does J! have smiliar language in their contracts?
The best thing that Neil Armstrong ever did, was to let us all imagine we were him.
Latest movies (1-10): An Autumn Afternoon (7), Europa Europa (7), Tampopo (9), Baby Doll (6)
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- MarkBarrett
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Re: in all media in perpetuity
Here's what my paperwork had in 2005:
I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me. I agree that the telecast or other exploitation of the program in which I may appear will not entitle me to receive any additional prizes, cash or gifts. I shall cooperate by making available and furnishing any information or material that is requested of me, including, without limitation, participating in, and granting all rights in and to, behind-the-scenes/"making of" promotional materials (as applicable). The photographs, tapes, movies and recording of everything I say or do on the program will be owned by Producer to do with as Producer wishes at any time in the future, as often as Producer wishes; the program or any part thereof can be rearranged or added to other material without payment to me of any kind whatsover.
**********
That was part 10 of 22 such things to read and sign. Excuse any typos above. I quickly threw back the time machine to 10th grade typing class to copy it from my paperwork.
I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me. I agree that the telecast or other exploitation of the program in which I may appear will not entitle me to receive any additional prizes, cash or gifts. I shall cooperate by making available and furnishing any information or material that is requested of me, including, without limitation, participating in, and granting all rights in and to, behind-the-scenes/"making of" promotional materials (as applicable). The photographs, tapes, movies and recording of everything I say or do on the program will be owned by Producer to do with as Producer wishes at any time in the future, as often as Producer wishes; the program or any part thereof can be rearranged or added to other material without payment to me of any kind whatsover.
**********
That was part 10 of 22 such things to read and sign. Excuse any typos above. I quickly threw back the time machine to 10th grade typing class to copy it from my paperwork.
- Volante
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Re: in all media in perpetuity
That's what I thought.MarkBarrett wrote:Here's what my paperwork had in 2005:
I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me. I agree that the telecast or other exploitation of the program in which I may appear will not entitle me to receive any additional prizes, cash or gifts. I shall cooperate by making available and furnishing any information or material that is requested of me, including, without limitation, participating in, and granting all rights in and to, behind-the-scenes/"making of" promotional materials (as applicable). The photographs, tapes, movies and recording of everything I say or do on the program will be owned by Producer to do with as Producer wishes at any time in the future, as often as Producer wishes; the program or any part thereof can be rearranged or added to other material without payment to me of any kind whatsover.
**********
That was part 10 of 22 such things to read and sign. Excuse any typos above. I quickly threw back the time machine to 10th grade typing class to copy it from my paperwork.
It's any and all media distribution of your appearance, not of you personally.
Basically, they maintain the rights to your appearance on the show in any format present and future (VHS, DVD, Blu-Ray, web stream, Holodisc, eyeMplant, BrainJack, etc.)
I call it the "WKRP Clause." Back in the good ol' days of TV (Read: before VHS) songs were licenced to appear on TV and TV only. When VHS came around (and DVD), music rights were not secured for that medium, so they would have to be renegotiated. Unfortunately, this meant the music rightsholders were able to jack up the price...so the TV rightsholders said, "Screw it" and either replaced or omitted the songs. WKRP is considered one of the prime examples due to all the music they used and flat out cant' relicence it due to cost (expect WKRP to come out on media some time in the early 2100s). It's also the same reason Married With Children has a hackneyed muzak pseudo-"Love and Marriage" monstrosity on DVD.
So that clause basically covers that possibility. You can't renegotiate your rights to appear in any future release of what you appeared in.
The best thing that Neil Armstrong ever did, was to let us all imagine we were him.
Latest movies (1-10): An Autumn Afternoon (7), Europa Europa (7), Tampopo (9), Baby Doll (6)
Latest movies (1-10): An Autumn Afternoon (7), Europa Europa (7), Tampopo (9), Baby Doll (6)
- MarkBarrett
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Re: in all media in perpetuity
If the thread is going to go the way of TV shows not on DVD? The Wonder Years. I can at least watch episodes through Amazon thanks to Prime. The Cocker opening song is different, though. How many heads are there on the dragon preventing any chance of the Adam West version of Batman seeing the light of day? Lawyers, artists, money and rights are a bad combination for fans.
It was a huge battle, but artist by artist, song by song the makers of Freaks and Geeks were able to get it done. Good for them and great for fans.
It was a huge battle, but artist by artist, song by song the makers of Freaks and Geeks were able to get it done. Good for them and great for fans.
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Re: in all media in perpetuity
You may be able to tell from my sig that the WKRP situation is very painful for me. Unfortunately, not only did they cut out all of the music, but they had to take out every line that was in any way connected to the music at hand, and since (as far as I can tell) the music and dialog were not recorded on separate tracks, they had to have new dialogue recorded (that's if it would fit) wherever they took out the song.
In most cases, the entire joke was lost (Pink Floyd's Animals anybody?), but some of the changes made the entire episode make no sense. The other one that comes to mind is Johnny complaining that Rip "can't even tell the difference between Carl Perkins and Elvis Presley", while they had completely cut the (immediately previous iirc) scene where Rip had played Carl Perkins' Blue Suede Shoes and announced it as Elvis Presley.
Oh, and "Hold me closer, terrible dresser". For some reason, I didn't get the joke.
Brian
In most cases, the entire joke was lost (Pink Floyd's Animals anybody?), but some of the changes made the entire episode make no sense. The other one that comes to mind is Johnny complaining that Rip "can't even tell the difference between Carl Perkins and Elvis Presley", while they had completely cut the (immediately previous iirc) scene where Rip had played Carl Perkins' Blue Suede Shoes and announced it as Elvis Presley.
Oh, and "Hold me closer, terrible dresser". For some reason, I didn't get the joke.
Brian
...but the senator, while insisting he was not intoxicated, could not explain his nudity.
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Re: in all media in perpetuity
It was more Shout! Factory than the makers that did the heavy lifting there, but the makers do deserve credit for uncompromisingly seeking a company that was willing to do what it took to publish their show intact.MarkBarrett wrote:It was a huge battle, but artist by artist, song by song the makers of Freaks and Geeks were able to get it done. Good for them and great for fans.
- Spaceman Spiff
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Re: in all media in perpetuity
Perhaps a more accurate name for it is the Peggy Lee Clause. A lot of this came up after Ms. Lee's lawsuit with Disney over the music in Lady and the Tramp.Volante wrote:I call it the "WKRP Clause." Back in the good ol' days of TV (Read: before VHS) songs were licenced to appear on TV and TV only. When VHS came around (and DVD), music rights were not secured for that medium, so they would have to be renegotiated. Unfortunately, this meant the music rightsholders were able to jack up the price...so the TV rightsholders said, "Screw it" and either replaced or omitted the songs. WKRP is considered one of the prime examples due to all the music they used and flat out cant' relicence it due to cost (expect WKRP to come out on media some time in the early 2100s). It's also the same reason Married With Children has a hackneyed muzak pseudo-"Love and Marriage" monstrosity on DVD.
http://www.ew.com/ew/article/0,,313939,00.html
- immaf
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Re: in all media in perpetuity
It's the "throughout the universe" that makes it art.I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me
Teems with quiet fun.
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Re: in all media in perpetuity
Unfortunate for viewers, perhaps. But new (at the time) media was a potentially huge market, and artists and/or rightsholders to the music have a right to a share of it.Volante wrote:MarkBarrett wrote: Unfortunately, this meant the music rightsholders were able to jack up the price...so the TV rightsholders said, "Screw it" and either replaced or omitted the songs. WKRP is considered one of the prime examples due to all the music they used and flat out cant' relicence it due to cost (expect WKRP to come out on media some time in the early 2100s). It's also the same reason Married With Children has a hackneyed muzak pseudo-"Love and Marriage" monstrosity on DVD.
So that clause basically covers that possibility. You can't renegotiate your rights to appear in any future release of what you appeared in.
- Volante
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Re: in all media in perpetuity
It all backfired, of course, when the TV right holders just went, "Well fine! We'll just cut it out!"...so the music rights holders got zilch in the end. (Really? Losing a couple pennies per sale is worth remixing and reediting every stinkin episode? Penny wise, dollar foolish...) (And perhaps a touch of irony, these days it's probably a 15% chance it's the same damn company.)Vanya wrote:Unfortunate for viewers, perhaps. But new (at the time) media was a potentially huge market, and artists and/or rightsholders to the music have a right to a share of it.Volante wrote:MarkBarrett wrote: Unfortunately, this meant the music rightsholders were able to jack up the price...so the TV rightsholders said, "Screw it" and either replaced or omitted the songs. WKRP is considered one of the prime examples due to all the music they used and flat out cant' relicence it due to cost (expect WKRP to come out on media some time in the early 2100s). It's also the same reason Married With Children has a hackneyed muzak pseudo-"Love and Marriage" monstrosity on DVD.
So that clause basically covers that possibility. You can't renegotiate your rights to appear in any future release of what you appeared in.
The best thing that Neil Armstrong ever did, was to let us all imagine we were him.
Latest movies (1-10): An Autumn Afternoon (7), Europa Europa (7), Tampopo (9), Baby Doll (6)
Latest movies (1-10): An Autumn Afternoon (7), Europa Europa (7), Tampopo (9), Baby Doll (6)
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Re: in all media in perpetuity
I got a good laugh of that, too. Are they contemplating a Klingon syndication version?immaf wrote:It's the "throughout the universe" that makes it art.I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me
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Re: in all media in perpetuity
I think that's the basis for a legal challenge. World or universe, which is it?immaf wrote:It's the "throughout the universe" that makes it art.I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me
- boson
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Re: in all media in perpetuity
Somebody, somewhere, probably got cheated out of their royalties because a savvy lawyer argued that, since the tv show was beamed up to a satellite and back down to Earth, their "worldwide" contract was null and void.immaf wrote:It's the "throughout the universe" that makes it art.I hereby grant to Producer, its successors, licensees, and assignees, the non-exclusive but irrevocable perpetual and worldwide right and license to photograph me and/or to use my likeness, voice, name, biographical material and any remarks I may make in connection with the production, distribution, exhibition, advertising and other exploitation of the program throughout the universe by any method and in all media, now known or hereafter devised, including, without limiation, the right to use the program or any portion of the program in which I appear in any interactive, online or computer-assisted media for any purpose whatsoever, without further compensation to me
- RCraig
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Re: in all media in perpetuity
Ah, nice. I bet that is right. I'd always wondered about the "universe" clause.boson wrote: Somebody, somewhere, probably got cheated out of their royalties because a savvy lawyer argued that, since the tv show was beamed up to a satellite and back down to Earth, their "worldwide" contract was null and void.
I think that song royalties are also the dominant reason that the show pretty much never does Audio Daily Doubles with copyrighted music anymore. Also one more reason why all those early seasons are so hard to find and never re-aired on GSN etc.
- dhkendall
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Re: in all media in perpetuity
They do do audio clues though (like using Tao Cruz's "Dynamite" twice so far this calendar year, having it be a TS both times) - however, I'll bet any money that all the audio clues they do use are from artists on Sony's label.RCraig wrote:Ah, nice. I bet that is right. I'd always wondered about the "universe" clause.boson wrote: Somebody, somewhere, probably got cheated out of their royalties because a savvy lawyer argued that, since the tv show was beamed up to a satellite and back down to Earth, their "worldwide" contract was null and void.
I think that song royalties are also the dominant reason that the show pretty much never does Audio Daily Doubles with copyrighted music anymore. Also one more reason why all those early seasons are so hard to find and never re-aired on GSN etc.
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- HugoZ
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Re: in all media in perpetuity
Oooh...sorry. In this case, Island/Universal Music.dhkendall wrote:They do do audio clues though (like using Tao Cruz's "Dynamite" twice so far this calendar year, having it be a TS both times) - however, I'll bet any money that all the audio clues they do use are from artists on Sony's label.
But one outlier does not a trend negate.
Now if Jeopardy! was an ABC/Disney property, you'd be taking your money to the bank.
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Re: in all media in perpetuity
We need a "multiple universes" clause....
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Re: in all media in perpetuity
We don't; they do. Those of us who have already recorded anything under the current contracts' verbiage will be rolling in the dough when efficient quantum transmissions are developed.harrumph wrote:We need a "multiple universes" clause....