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GarryONeal says

...in the middle of NASCAR on Fox. But I checked and I never sold an extended license for that track. That sucks. It’s not the money, and they only used a part of the intro and outro, but still. I wonder how often that happens, and if it’s happened to anyone else here.

No denying it was kind of neat. NASCAR driver Clint Boyer and golfer Jim Furyk were in it.

Garry

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KR_Music says

Wow! It must be so motivating!

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Melodality says

No doubt It’s great to hear your music on TV, but to find out that it wasn’t licensed properly is very disappointing. Unfortunately, it happens quite often, believe it or not, I have even heard my track on TV which included the AJ watermark :)

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TortoiseTree says

Hey Garry, congrats on the music on your ad. Yeah, it kinda sucks they didn’t buy the extended license. I don’t really know 100% how it all works and we’ve had open debates about it where some feel a TV ad needs an extended and some don’t… no matter what, must’ve been cool hearing your music on TV!

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garethcoker Envato team says

Hey Garry, congrats on your placement. I’m going to go on a mini-rant here, but it’s good that major company / ad agency took notice of your music.

Envato is fairly clear about this since they cleared up the licensing text and made it much clearer to the end user than before.

http://audiojungle.net/licenses/faq

Envato’s point of view is that because a commercial doesn’t DIRECTLY generate money for the user/client (the company that is paying the network for the ad space) – then they should not need the extended license for it. I don’t agree with this point of view, but I can also understand it and I appreciate them laying it out clearly. Frankly, it’s because of the music that many people end up liking commercials, which is why jingle writers are paid so much money. It won’t be long before a huge company ends up buying an ident here that gets aired millions of times a day, for $14.

Now, if FOX had used your music during the NASCAR show itself, then you would have sold an extended license, as that’s what Envato states in its licensing terms.

There are plenty of other things on that licensing page that I don’t agree with either (especially what constitutes a series and how many licenses are needed for a series, ONE!!! ) – but those are their terms and by having our music here, those are the terms our items are subject to.

I feel like very little research went into the TV/film part of the licensing, compared to other areas. Tracks on TV generate huge amounts of income for composers even on some of the most obscure channels. Discovery, for example pays at about $150 per minute of music. This rate is the same for each new episode, and then when the episodes inevitably get repeated, the rate is significantly lower but still not insignificant. On bigger channels than Discovery, such as the main networks, this figure is even higher.

Even if Envato want to keep Audiojungle completely ‘royalty-free’, and I understand this from a branding point of view, they really should consider doing more research into the film/tv area – an area that is clearly unfamiliar to them – and stop short-selling their authors. A broadcast license at maybe $150-$200 for a $14 track would be reasonable (still very conservative in the grand scheme of things). And this license would be on a per episode or per film basis, not for a whole series! Ugh.

This is the main reason why I don’t – and currently never will – upload my best library music here. That goes to a more boutique library which generates royalties for me. Of course, there is always the possiblity that I’m missing out on having a hit track here, but 150 tracks in and I’ve only had 1 be on the best sellers list at any time, so I don’t think it’s likely. I don’t have many hit tracks, but a lot of semi-consistent sellers.

Sorry, got slightly off topic there. Anyway, and now you can probably understand why Overwhelmed – the track used in the Sam Adams commercial – was taken off AJ by Tim McMorris. ;) – technically speaking, that track could have been used by Sam Adams for $14 and advertised nationally for what seems to have been about a 4 month period, during some of the highest rated TV programs (NFL games). Obviously I don’t know how it all went down, but Tim is lucky that Sam Adams – or the agency making their commercials – had the nobility to contact him about a deal, because under the terms here, they had every right to use the track for $14.

There are plenty of examples, which – understandably – Envato likes to show off about (though they are missing the bigger picture), of authors having their music used in the above scenario by major clients. It’s sad, but it’s also the risk you take by uploading your music here.

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Art-of-Sound says

Even if it was used with extended license, $35 gain is still ridiculous considering the project. Envato should adapt a scheme where license price depends on project’s budget. For example, for a project with budget over $1000, like a TV commercial, there are entirely different rates than for a student project.

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Allegro120 says

I commented at the time that would have to invent a third type of license for these cases. Attract large producers. Also up 1 or 2 dollars for the normal licence. Everyone would win, no lose.

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Sophonic says

I don’t know who is running things but I’m pretty sure the goal of any company is to make more money. I think Envato/audiojungle is leaving huge money on the table for them and us and its really just plain wierd that nothing ever gets done about this even thought crystal clear points like Gareth’s and others get made on the forums time after time and we know they all see and read them.

Congrats Gary on the placement, sorry your thread got hi-jacked but it is at emergency status here on A.J. right now at least for us author’s anyways.

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Twisterium says

No doubt It’s great to hear your music on TV, but to find out that it wasn’t licensed properly is very disappointing. Unfortunately, it happens quite often, believe it or not, I have even heard my track on TV which included the AJ watermark :)

Ha-ha! Amazing! :):):)

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vaisnava says

Well congrats for them using it so publicly, but I am sorry for you as well. Something similar has happened with me in the past and for the $7 I received there is a big feeling of being taken advantage of. Which I truly think it is. I just do not know what artists can do when the world is so full of bedroom musicians and studios.

Seems like a race to the bottom in many aspects of life, not just the arts… Accountant based thinking maximizing profits, minimizing costs. I also kind of think that most people do not really consider music as an actual product anymore… but rather just some abstract digital data that the internet is loaded with.

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