06-06-2008, 02:58 PM
Well, I'm sure people won't stop watching if the theme song goes away.
A little digging reveals what's at issue. The rights holder caught CBC using the song in overseas broadcasts, which were not covered by the original terms. CBC apparently refused to pay a fair rate (easily determined, based on the existing rate), and the relationship deteriorated.
At the same time, the rights holder licensed the tune to Bell as a ringtone, which the agreement allowed her to do. CBC attempted to kill the deal, and demanded that Bell buy advertising from them as a condition of allowing the deal to go ahead.
The rights holder sued CBC for (a) unauthorized additional use, (b) improper interference in her licensing additional rights to Bell.
Going forward, it appears that CBC wants to protect its brand, profit from additional licensing (e.g. ringtones), and have unrestricted use of the song. They want to settle the litigation and walk away with all rights in perpetuity, so that they have complete control.
Given that ten years ago, nobody would predict this thing being licensed as a ring tone, what do you think all rights in all media is worth to the seller? Much more than it is to the buyer, guaranteed. The problem with any negotiation for all rights is that the buyer wants something for nothing.
(And if you don't think buyers are after something for nothing, you should read their contracts. Some of them actually specify estraterrestrial publishing in all rights contracts. Believe it.)
A little digging reveals what's at issue. The rights holder caught CBC using the song in overseas broadcasts, which were not covered by the original terms. CBC apparently refused to pay a fair rate (easily determined, based on the existing rate), and the relationship deteriorated.
At the same time, the rights holder licensed the tune to Bell as a ringtone, which the agreement allowed her to do. CBC attempted to kill the deal, and demanded that Bell buy advertising from them as a condition of allowing the deal to go ahead.
The rights holder sued CBC for (a) unauthorized additional use, (b) improper interference in her licensing additional rights to Bell.
Going forward, it appears that CBC wants to protect its brand, profit from additional licensing (e.g. ringtones), and have unrestricted use of the song. They want to settle the litigation and walk away with all rights in perpetuity, so that they have complete control.
Given that ten years ago, nobody would predict this thing being licensed as a ring tone, what do you think all rights in all media is worth to the seller? Much more than it is to the buyer, guaranteed. The problem with any negotiation for all rights is that the buyer wants something for nothing.
(And if you don't think buyers are after something for nothing, you should read their contracts. Some of them actually specify estraterrestrial publishing in all rights contracts. Believe it.)