Author: angiogram
Subject: Ottawa Band Conquers Superbowl!
Date: 02/04/08 2:16 pm

Last night during a pre-taped, pre-game interview with Tom Brady, Fox played a clip of a My Dad vs. Yours song.

This is the thread to ask for handouts kids, or if you must, berate them with the usual sell-out drivel....

Personally, I thought it was great, but I do hope they get paid!
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Author: losergeek
Subject: Re: Ottawa Band Conquers Superbowl!
Date: 02/04/08 3:35 pm

angiogram wrote:

Last night during a pre-taped, pre-game interview with Tom Brady, Fox played a clip of a My Dad vs. Yours song. This is the thread to ask for handouts kids, or if you must, berate them with the usual sell-out drivel.... Personally, I thought it was great, but I do hope they get paid!

Pitchfork had an article saying that they also used a Arcade Fire without asking permission or (presumedly) paying any royalties, so I wouldn't be surprised if My Dad isn't making any dough off this either.
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Author: Jimwoo
Subject:
Date: 02/04/08 5:38 pm

This is just the controversy they need to break out of Ottawa. Capitalize!
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Author: arturo00
Subject:
Date: 02/04/08 10:42 pm

They infact did not ask for our permission. I didn't see the clip myself, but received numerous histerical phone calls.

We've been trying to get to the bottom of this but haven't even been able to find someone we can talk to at Fox Sports.

Also, we realized that the song they used, "Hablo Paisano" is on our myspace profile. Myspace is owned by Fox Media. There was that whole controversy concerning Myspace reserving the rights to whatever content you post on their site, however after reading the "Terms and Use Agreements" I didn't see any mention of them being able to use material for a televised event, only for internet use on Myspace and other internet affiliates. Rest assured that we are looking into the matter...

The bottom line...we didn't know anything about this what-so-ever.
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Last edited by arturo00 on 02/04/08 10:48 pm; edited 1 time in total.

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Author: arturo00
Subject:
Date: 02/04/08 10:44 pm

Also, if you have a copy of the interview it was used in, I (and the rest of the band) would love to see it.
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Author: trellicktower
Subject:
Date: 02/05/08 8:17 am

arturo00 wrote:

They infact did not ask for our permission. I didn't see the clip myself, but received numerous histerical phone calls. We've been trying to get to the bottom of this but haven't even been able to find someone we can talk to at Fox Sports. Also, we realized that the song they used, "Hablo Paisano" is on our myspace profile. Myspace is owned by Fox Media. There was that whole controversy concerning Myspace reserving the rights to whatever content you post on their site, however after reading the "Terms and Use Agreements" I didn't see any mention of them being able to use material for a televised event, only for internet use on Myspace and other internet affiliates. Rest assured that we are looking into the matter... The bottom line...we didn't know anything about this what-so-ever.

the bottom line...sue their asses if you can

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Author: scallen
Subject:
Date: 02/05/08 9:02 am

it's your own damn fault for throwing a chorus of "na na na, hey hey hey, goodbye" in the middle of the song... haha.

totally bizarre.congrats. def look into it, with a lawyer, if only for an official letter on a law firm's letterhead :)

arturo00 wrote:

They infact did not ask for our permission. I didn't see the clip myself, but received numerous histerical phone calls. We've been trying to get to the bottom of this but haven't even been able to find someone we can talk to at Fox Sports. Also, we realized that the song they used, "Hablo Paisano" is on our myspace profile. Myspace is owned by Fox Media. There was that whole controversy concerning Myspace reserving the rights to whatever content you post on their site, however after reading the "Terms and Use Agreements" I didn't see any mention of them being able to use material for a televised event, only for internet use on Myspace and other internet affiliates. Rest assured that we are looking into the matter... The bottom line...we didn't know anything about this what-so-ever.

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Last edited by scallen on 02/05/08 9:48 am; edited 1 time in total.

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Author: duderocker
Subject:
Date: 02/05/08 9:07 am

it's great exposure...but yeah, talk to a lawyer and get some coin

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Author: matthewwhatever
Subject:
Date: 02/05/08 10:32 am

I think you'd have a pretty strong case against them...the Myspace T&C states pretty clearly that the license you give to Myspace when you post your music "...does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services."

On top of that, since the song was on an album, you definitely have copyright on it. Based on my (very limited, based entirely on the Copyright Office FAQ) understanding of American copyright law, the moment you published the song on CD, you acquired a copyright on it in Canada -- and, by extension, the US, since we have a bilateral recognition of copyright.

The only argument Fox could possibly make is that their use of the song falls under the Fair Use category. This is a pretty murky area, though -- among other things, they'd have to say that their broadcast was non-commercial/education in nature (which, given that it's the Super Bowl, would probably get laughed out of court), or they'd have to show that they used an insubstantial (roughly 10% or less) portion of the song. I can't remember how long Habla Paisano is, but I'm assuming that if they played enough of it for lots of people to recognize it, they played a substantial portion of it.

As everyone else has said, find a copyright lawyer as soon as possible, and see what they think. If that's not a financially feasible option, you could get in touch with Fox's legal department...I'm not sure who handles their TV copyright, but the Fox website lists someone responsible for web copyright infringement, and they may or may not be willing to direct you to the right person.

EDIT: Hmmm...it turns out that Fox has done this before, and gotten away with it by arguing "ephemeral use". If you guys are registered with ASCAP or BMI, you might be able to go after royalties, but otherwise you might be completely out of luck.


(And on a totally unrelated sidenote, apparently you can copyright Elvis sightings!)
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Author: pantless_crab
Subject:
Date: 02/05/08 4:20 pm

newscorps got deep pockets
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Author: angiogram
Subject:
Date: 02/05/08 7:08 pm

Is it possible that this matter could fall under normal mechanical royalty guidelines, just like if your song is played on the radio etc?
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Author: mydadvsyours
Subject:
Date: 02/05/08 7:18 pm

We will definitely get royalties but right now various Canadian organizations including SOCAN and ASCAP (our US Rep) have told us they needed permission to use our song.

We still need a clip of that video. I can't believe there's no youtube video of that interview.

angiogram wrote:

Is it possible that this matter could fall under normal mechanical royalty guidelines, just like if your song is played on the radio etc?

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Author: angiogram
Subject:
Date: 02/06/08 9:16 am

mydadvsyours wrote:

We will definitely get royalties but right now various Canadian organizations including SOCAN and ASCAP (our US Rep) have told us they needed permission to use our song. We still need a clip of that video. I can't believe there's no youtube video of that interview. angiogram wrote: Is it possible that this matter could fall under normal mechanical royalty guidelines, just like if your song is played on the radio etc?

Yeah I was looking for the vid too. I imagine Fox clamps down pretty fast and hard on any of their material being put on Youtube. Oh the irony...
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Author: arturo00
Subject:
Date: 02/09/08 3:55 pm

We have been receiving numerous phone calls and emails regarding this story so here is all the info we have at the moment.

We received confirmation from the VPs at Fox Sports that the My Dad Vs. Yours song "Habla Paisano" was used during the Super Bowl pregame show. The song was played in the background during a prerecorded interview between Terry Bradshaw and Tom Brady around 5:34PM Eastern Time. The song was not looped and played for 1min. and 25 seconds.

According to Fox Vice President of Business and Legal Affairs, Robert Hacker and the manager of Fox Sports Net Music, Barbara Isley, their use of the song without our permission was allowed due to the "ephemeral recording" provision of the US copyright act.

That's all the info I have right now as we need to talk to SOCAN, ASCAP and the Guild of Canadian Film Composers about what happens next.

MDVY
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Author: bobby dukes
Subject:
Date: 02/09/08 4:05 pm

if you fail to get the royalties out of those bastards at fox, at least demand that they bring arrested development back, and get a spot in the show
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