Audio Licensing Confusion.

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insider
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Audio Licensing Confusion.

Post by insider » Wed May 04, 2016 9:17 am

I have used music from the Envato Market - Audiojungle to be specific and they charge a nominal rate of 15-20$ for usage in Youtube videos and higher charges for usage in games/movies etc. I need to use music primarily for my game's Youtube trailer and AudioJungle gives a License certificate which I can upload to Youtube in case of a faulty copyright infringement notice from Youtube and I can prove that I have purchased the Audio and is a licensed copy.
It looks like this :

LICENSE CERTIFICATE : Envato Market Item
==============================================

This document certifies the purchase of:
ONE MUSIC STANDARD LICENSE
as defined in the standard terms and conditions on Envato Market.

Licensor's Author Username: (Names taken out for privacy)
Licensee: (Names taken out for privacy)

And so on.

I have found music on SoundCloud.com and I was hoping to use them in my next Youtube game video trailer, but the procedure is confusing they charge $0.99 now is that license to listen which I think it is but there are no options for choosing it for usage in Youtube, Game soundtrack, Movies, etc.
I had contacted the Music Author and he replied,

Hey,

(Names taken out for privacy) sent you a message:
"Hi (Names taken out for privacy), for YouTube, etc I charge a standard $100.00. You can paypal me at paypal.me/(Names taken out for privacy) $100 per song and use it! Thanks! (Names taken out for privacy)"

Well he sent that reply after almost 2 months, so suppose I do send him 100$ for Youtube usage, which of course is an insane amount, where is the License certificate ?, is he going to generate one ?, I prefer website customer service not a one to one reply not to mention in case Youtube flags again for a faulty copyright infringement after I have paid him, there's no way to convince Youtube that I have paid the author without a License certificate.

I noticed many people using audio from SoundCloud in their commercial games, how would that be possible if the site doesn't give a License certificate or does it ?
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Re: Audio Licensing Confusion.

Post by EricB » Thu May 05, 2016 6:26 am

I noticed many people using audio from SoundCloud in their commercial games, how would that be possible if the site doesn't give a License certificate or does it ?
Soundcloud as far as I know does not handle redistribution licenses. They built in a "buy music to listen to" system like itunes or amazon, but it's not a license to redistribute.

As such you will have to deal with the individual composer. This means writing up a contract to grant you global royalty free commercial rights to redistribute the music in and on any medium for an indefinite amount of time. As well the rights to remix, edit, blah blah blah.
Safest bet is to have a lawyer draw you up a generic contract. Otherwise get to reading a lot about contract laws in yours and their countries/states.

Other "commercial games" are most likely going about this the same way. They write and sign a contract then pay the composer/artist their fees. This is how I did it in my projects. This is how everyone does it when working with "Freelancers."

When it comes to youtube, just submit your contract which both parties signed.

"Hi (Names taken out for privacy), for YouTube, etc I charge a standard $100.00. You can paypal me at paypal.me/(Names taken out for privacy) $100 per song and use it! Thanks! (Names taken out for privacy)"
I'm sure many composers will disagree, but to me, you're getting ripped off. $100 for ~only~ youtube rights to a non original song ~anyone~ can use is a bit steep (On an indie budget anyway, I understand quality, experience, and popularity have a premium.) Starving 3rd-8th year college game music composers a dime a dozen. Heck for $50 you can normally persuade a student looking for a resume builder to make you an original, exclusive, and full rights 3-5minute song.
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Re: Audio Licensing Confusion.

Post by c6burns » Sun May 08, 2016 2:28 am

bronzebeard wrote:
"Hi (Names taken out for privacy), for YouTube, etc I charge a standard $100.00. You can paypal me at paypal.me/(Names taken out for privacy) $100 per song and use it! Thanks! (Names taken out for privacy)"
I'm sure many composers will disagree, but to me, you're getting ripped off. $100 for ~only~ youtube rights to a non original song ~anyone~ can use is a bit steep (On an indie budget anyway, I understand quality, experience, and popularity have a premium.) Starving 3rd-8th year college game music composers a dime a dozen. Heck for $50 you can normally persuade a student looking for a resume builder to make you an original, exclusive, and full rights 3-5minute song.
Everything depends on the song. It's common to see 50$ for a 1 year youtube channel license in my experience. Therefore 100$ for a license in perpetuity sounds really good, but obviously it depends on qualitative factors about the song (as you have noted). How good is it, how popular is it, how much do YOU want it, etc etc. I've paid a few 400$ licenses for unlimited online distribution anywhere in perpetuity. I really wanted those particular songs, and they were somewhat popular in certain circles or communities.
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Re: Audio Licensing Confusion.

Post by EricB » Sat May 21, 2016 1:17 pm

c6burns wrote:
bronzebeard wrote:
"Hi (Names taken out for privacy), for YouTube, etc I charge a standard $100.00. You can paypal me at paypal.me/(Names taken out for privacy) $100 per song and use it! Thanks! (Names taken out for privacy)"
I'm sure many composers will disagree, but to me, you're getting ripped off. $100 for ~only~ youtube rights to a non original song ~anyone~ can use is a bit steep (On an indie budget anyway, I understand quality, experience, and popularity have a premium.) Starving 3rd-8th year college game music composers a dime a dozen. Heck for $50 you can normally persuade a student looking for a resume builder to make you an original, exclusive, and full rights 3-5minute song.
Everything depends on the song. It's common to see 50$ for a 1 year youtube channel license in my experience. Therefore 100$ for a license in perpetuity sounds really good, but obviously it depends on qualitative factors about the song (as you have noted). How good is it, how popular is it, how much do YOU want it, etc etc. I've paid a few 400$ licenses for unlimited online distribution anywhere in perpetuity. I really wanted those particular songs, and they were somewhat popular in certain circles or communities.
Which is why I said, " I understand quality, experience, and popularity have a premium." I know you can't get a Megadeth song for $20.

However most likely the song does not justify the price, specially for something on sound cloud, which will be used in a preproduction trailer video.

But hey, I'm a pure capitalist, pay what you're willing to pay. That's the great thing about free markets. :)
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