Considering that Finetooth the will be changing the lyrics for parody affect, and the song will both be aired on commercials, and be mechanically reproduced in a form of a singing comb, a license required for these deals will be a license for making derivative work, public performing the work, and a mechanical license.
2. Use the 7 aspects of scope and the 4 Cs to address BOTH licensor and licensee interests.
Subject matter: Bigwig Songs and Finetooth may agree that the subject matter of this case is the internationally famous song “Combing Dad’s Hair”.
Activities permitted: Bigwig Songs may like to keep the activities permitted to changing the lyrics of the song for humorous effect, and putting the song in their anticipated nationwide advertising campaign only, because a singing comb may be annoying to some people. But as the scenario anticipated, Finetooth will like the activities permitted to be the derivative work of the lyrics, and putting the work in a nationwide advertising campaign and on a comb. It should also state that all activities that are not expressed in the agreement is not granted.
Field of use: Bigwig Songs may wish to list out fixed channels of advertising, and limited it to these channels unless further notice and approval, while Finetooth may wish to keep the field of use to all media channels to maintain flexibility. Bigwig Songs may also limit the use of the song to be promoting Finetooth 's men’s hair care products only, and not other line of products, and make sure that the song is used on the certain line of singing comb only.
Exclusivity: Bigwig Songs may want to do a non-exclusive license to maintain the flexibility for licensing the song f...
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...he publishing revenue (if there is any sort of publishing revenue involved). Bigwig Songs may want Finetooth to pay for their loss and the cost of litigation if something about the deal went south. They may also want to keep a couple of free singing comb for themselves
Finetooth on the other hand, may simply wish to pay less as possible for the licensing deal to make it work. They may want the royalty to be based on units sold, and want to secure couple of royalty free singing comb for promotional uses.
Bigwig Songs will like the people who bought the singing comb or saw the ads to know that the music used is a parody of Combing Dad’s Hair and get credit for it, and make sure how the name of the song being showed to the public. Finetooth may simply wish to be recognized as the manufacturer of a singing comb and maker of a humorous ad and take credit for it.
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