Copyright & Licensing ??

[NCC1701]

I can't afford to ask an attorney. So, I come to my SCoA friends, who might know something about this ...

I have been selling my original nature sounds recordings online for 8-9 years, originally on eBay and still on my web site.

I was contacted recently asking if I'd be willing to license one of the recordings. I do not want to give up my copyright nor control of the recording, especially since the recording in question is my #1 biggest seller.

Can I grant license to use small bits of it, safely? How do I know if this person is trying to pull a swift one on me? Is granting license as simple as replying, "OK, send me the money"?

Here's a three message email exchange ...

I was wondering you would consider licensing any of your sounds for a
commercial use.


I am building a thunderstorm app for the iPhone and would like to use some
clips of your sound.


Please let me know, and thanks.

Sorry I've taken so long to respond. I don't check my email daily.

I don't have any immediate problem with your idea. Is there any money in it
for me?

We would be willing to offer 200$ for the use a portion of your track. We do not plan to use it for anything more then synchronizing lightning on fish tanks.

I would however need a CD with a high quality file sent up to me ASAP.


Please advise

I could use an extra $200 and have no issue with him using a few thunderclaps. Just wanna make sure I'm not endangering my copyright.

What if this guy makes a million, and I get $200 out of it? LOL

[jwight]

Not a lawyer, etc. Licensing: copyright, legal issues, authorship, media work licensing, Creative Commons | Digital Artists' Handbook

Based on the success of some iPhone apps you might be better off asking for royalty fees - or not.

[smark]

Legal subjects, likes... music clips and sounds, artwork, words, photo's etc. Get a Lawyer to be safe. Find a way to afford it. Good luck.

[ManchVegas]

Royalties = yes, but "royalties only" = no. You also need a licensing agreement with a licensing fee - however nominal. The license agreement could give the developer a development time window after which the license expires and must be renewed. If you give the developer a 2 year window to create the iPhone app and publish it in iTunes and they sit on the license and do nothing for 2+ years, then that is their loss. Don't let them park the license on a shelf forever. Limit the license to the 1 iPhone application AND any updates to that 1 application. You must use licensing language that expressly prohibits them from attempting to extend the application of the license to other products and applications like "Thunderstorm 2" or other hardware platforms (like iPads or Android phones) that you did not agree to when the license agreement was signed.

iPads are a different animal - as are other tablets and other smart phones. You may issue one license agreement, but with different royalty payments/payments schedules for the different hardware platforms.

You must expect that the developer will attempt to exploit any perceived weakness in the license agreement and royalty payments so that they can cut you out of the revenue stream.

I worked 15 years for a company in the digital font industry (familiar with TrueType fonts?). That company would buy other companies that sold fonts, then park those patents on a shelf and retire those fonts - because it could.

Protect yourself, but at the same time expect to get burned. It's one of the laws of business.

[deepblueQ]

I'd consider a lawyer necessary in this situation, but even that is no guarantee all will go well for you. Just a risk/benefit analysis... thing is, with the current state of the system that enforces this stuff, there's zero guarantee you'll get what's owed you.

Probably what I'd weight most heavily is your opinion of those asking to use it, because if they're good people then all will go well, but if they're in it for maximum profits in minimum time, the only way to be reasonably sure you won't get screwed is to refuse it right now.

[smark]

We have lawyers where I work, all day handle these kind of licensing issues. Don't loose your pants.

[NCC1701]

It seems more complicated than the $200 is worth. I might burn a few thunderclaps to disk and let him take it or leave it, no license. That wouldn't be threatening to me. Kinda like pulling a few adverbs and verbs out of a novel.

[The Rigger]

Originally Posted by NCC1701

It seems more complicated than the $200 is worth. I might burn a few thunderclaps to disk and let him take it or leave it, no license. That wouldn't be threatening to me. Kinda like pulling a few adverbs and verbs out of a novel.

...Except that he could then take your unprotected thunderclaps, copyright them himself (since you didn't), and turn around and burn *you* for a piece of every CD you sell from here to eternity.

Don't think it'll happen? I work in the Performing Arts; I see it all the time...

You need to protect yourself. Most states have a Lawyer's Referral Service that gets you a free or reasonably-priced initial consultation with a lawyer in any specific field. Contact the State Bar Association in the state where you live. Copyright law is complicated for a very good reason, and you need help.

[Smart Enuf]

To add to Rigger's note: For future reference, the American Bar Association has a website listing states, including Florida, with attorneys who do pro bono work on intellectual property law issues. Pro Bono States | Section of Intellectual Property Law

[NCC1701]

Originally Posted by The Rigger

...Except that he could then take your unprotected thunderclaps, copyright them himself (since you didn't)

The entire recording is protected by copyright. But, small parts of it aren't??

Thanks for the advice, and the link from Smart Enuf.

A response is a little overdue. I guess I'll have to reply that I need more time. At which point he may decide to go to another option. My recordings aren't the only ones, just the best.



I knew when I started this thread that I was going to get some good advice. Complicated, but good.