Music Pubishing and The Value of “Glee”

Older pop hits are finding new life on the Fox TV series “Glee.

Broadway show tunes, Journey, Madonna, and others are finding both “Glee” covers and originals of their songs selling at the top of  iTunes charts.   As of April 2010, three “Glee” cast albums were in the top 10 of iTunes charts and have sold more than one million units.

Music publishers’ interest in “Glee” was skeptical at first (publishes for Bryan Adams and Coldplay both initially said no), but many are now seeing the potential exposure and monetary value of licensing to the hit show.

In the case of a show such as “Glee,” a synchronization license would be negotiated between the music publisher and the producers of the show for the use.  On-camera performance, featured vocal performance, and beginning/end credits, are licensed for a higher fee than background uses.  With “Glee,” there is often no need to secure master recording rights, as the songs are being re-recorded and performed by the “Glee” cast.  Publishers also receive public performance royalties as tracked by ASCAP, BMI, or SESAC for each airing in the U.S. (and by the related performance society in foreign countries).

Critics of the show have said “Glee” ignores music clearance in its story-lines.  In the real world, so long as the glee club is practicing and performing in class, there is an exemption of a public performance license for classroom instruction.  But, if the Glee club/band/chorus are putting on shows, they do need to get licenses. If it is a dramatic work, the schools should secure a license to put on the play, for musical performances, many times there is a purchase or rental of the sheet music.

About ipandentertainmentlaw

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by ipandentertainmentlaw

One Response to “Music Pubishing and The Value of “Glee””

  • ecoxlaw

    I find the intricacies of performance royalties and licensing an interesting topic, and it never occurred to me that Glee impliedly raised it. As you described regarding the real world, public performance brings in ASCAP, BMI, or SESAC to ensure that the publishers/writers receive royalties. I recently wrote about the [imminent?] demise of open-mic nights because of the inability of small coffeehouses to pay the yearly fees to the PROs. That, in conjunction with the situations brought to mind by Glee, causes me to consider: How are talent shows, glee club performances, etc., treated by the PROs? When the students are each performing different covers, as a non-dramatic work, should the school be paying a yearly fee, as is required for the small coffee shops hosting open-mic nights?

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