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do tales have the licence to make a soundtrack?

posted by coolsome on - last edited - Viewed by 249 users
I remember hereing lucus arts having all rights to ads and tales have to negotate what they sell Im not sure if its true itsjust what iv herd
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  • Honestly, that's a very muddy issue...

    TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

    but I'm no IP attourney...
  • Ashton;251193 said:
    Honestly, that's a very muddy issue...

    TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

    but I'm no IP attourney...
    they can relese it as marys little lamb collection for all I care as long as I get that sound track
  • Ashton;251193 said:
    Honestly, that's a very muddy issue...

    TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

    but I'm no IP attourney...
    Well they ARE selling the actual game and merchandising with that name and logo, so I doubt this could be an important issue if they ever want to release a soundtrack.
  • I think it's a far more complex legal and contractual issue than anyone who's posted yet is giving it credit for.

    While Tales is apparently not a "commissioned" work, it seems that any product probably needs LucasArts OK to be sold, and I really doubt that naming it something different would avoid any legal issues. The music is by its very nature linked to the Monkey Island property, and if Telltale wants to develop or merchandise for the franchise they probably need permission from LucasArts.
  • Rather Dashing;251205 said:
    While Tales is apparently not a "commissioned" work, it seems that any product probably needs LucasArts OK to be sold, and I really doubt that naming it something different would avoid any legal issues. The music is by its very nature linked to the Monkey Island property, and if Telltale wants to develop or merchandise for the franchise they probably need permission from LucasArts.
    It depends on the contract that the composer worked under. He might have all rights to the original tracks. Or, as you said, it may be under a joint lisence or even be exclusive property of LA. It's a very muddy issue. In a joint or exclusive lisence then yes, LA has to give the go-ahead and likely will require a royalty (despite all the work having been done by TTG)
  • If we could hear from Michael Land that would be great, we've heard from just about everyone else on the game so far on these forums :D Again it would depend on what the contract says, I would assume that Land has at least Joint Owner ship of the music as he's worked on the soundtrack for every game so far and that's a bit of a back catalog to NOT have any rights over.

    I would assume Lucasarts would hold the rights to some extent but as SMI:SE has shown, Land had no part at all with the re-mastering of the tracks. So maybe a soundtrack would be possible but themes used in past games (Main theme, Underwater, Chapter Screen, etc) might be owned by LucasArts whilst it could be possible that any new scores could be part owned by Telltale.
  • I'd love a soundtrack, and since the soundtrack is made by Michael Land for this game, and every track is custom, I would say that it would work. Sure, they'd need LA's consent for the name, but so what? How hard would that be to actually get?
  • While there may be various legal issues involved I think it really comes down to whether Telltale want to release the soundtrack or not. I really hope they do because the music in Tales is outstanding.
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    jmm
    It's all about the round shiny metal: if Telltale sells MI stuff, LA will want it's cut. How large? We don't know, but that determines if it is profitable enough to produce it.
    For instance (taking as reference S&M Season 1 soundtrack): It sells for 19.95

    LA's cut: 5 (25%)
    Production cost: 2 (make'em, ship'em to the warehouse, etc.)
    Physical Item cost (2 cds + casing + cover): 3
    Item Profit: 50%

    LA's cut: 8 (40%)
    Production cost: 2 (make'em, ship'em to the warehouse, storage, etc.)
    Physical Item cost (2 cds + casing + cover): 3
    Item Profit: 35%

    I suspect production cost per item is more than $2, so the actual profit will be less.

    Anyway, still at 35% it is pretty good, right? What if Telltale can use that money in something more profitable or maybe LA is more greedy?

    I'd love a soundtrack, but I won't bet on it. For all we know, Telltale only got the rights to make ToMI (5 episodes + DVD Version) and nothing more AND LA already has another company ready to make a new MI.
  • jmm;251505 said:
    For all we know, Telltale only got the rights to make ToMI (5 episodes + DVD Version) and nothing more AND LA already has another company ready to make a new MI.
    BALPHEMY!!!

    ....but given LA's track record, enirely possible... (also possible that the lisence was only ToMI 1-5 with NO plans for a sequil........)
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