What applies on explainer cum commercial videos(infomercials) of top notch brands - Commercial or Broadcast Rights?

[melliflousvoice]

Hi,
This is confusing, there are some top notch brands that make infomercials who want to know if they require broadcast rights or just commercial usage for their monetised Youtube channel. Product is online gaming which promotes ethical gambling. What should I do? 😐

Thanks!
 

Edited July 25, 2022 by melliflousvoice

[smashradio]

I recommend editing your post title. Haha. 

Normally, I'd say commercial rights on this one. You set your own terms, of course, but generally, broadcast rights are for TV, radio and paid advertising. 

Here's what the terms say about the different rights packages: 

"When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose."

In short: Commercial rights gives them the right to use the voice over for business purposes and promotional purposes (basically anything for-profit that is not considered "paid advertising channels" or "broadcast")

Broadcast gives them the rights to use it in paid marketing channels (like Facebook ads, Youtube ads, tv/radio and so on. 

Edited July 25, 2022 by smashradio

[melliflousvoice]

Sadly, I'm unable to edit the title now (please guide me if that's possible). I understand that commercial usage gives the right for business and promotional purposes however, infomercials are commercials and hence, broadcast usage should apply, isn't it?

Edited July 25, 2022 by melliflousvoice

[smashradio]

8 minutes ago, melliflousvoice said:

Sadly, I'm unable to edit the title now (please guide me if that's possible). I understand that commercial usage gives the right for business and promotional purposes however, infomercials are commercials and hence, broadcast usage should apply, isn't it?

It doesn't matter if it's a commercial or not. What matters is how it's used. If they use that infomercial to pay for ad space (i.e., pre-roll ads on Youtube), they would need broadcast rights. If they are just using it on their regular Youtube channel or website, it's not paid advertising. 

If my buyers are in doubt and I'm not 100% clear on which package they should go for, I recommend Broadcast rights since it expands their rights for future use. 

I could order a voice-over for a commercial (promoting my for-profit product) but only use it as a regular video on my website. It would need commercial rights. 

The moment I want to pay for ad space on Facebook with that voice, I would need broadcast rights. The usage is the difference. Not the type of video it's used for. 

Edited July 25, 2022 by smashradio

[melliflousvoice]

This clears a lot doubts, thanks. Just one question, how about the usage on their website which is using the video to explain how their game is played. Also, if the video is used in the app (paid or unpaid), will it be subject to broadcast usage? 

Edited July 25, 2022 by melliflousvoice

[smashradio]

13 minutes ago, melliflousvoice said:

This clears a lot doubts, thanks. Just one question, how about the usage on their website which is using the video to explain how their game is played. Also, if the video is used in the app (paid or unpaid), will it be subject to broadcast usage? 

If it's not in paid advertising channels, then no, it would be subject to commercial usage. At least, that's my understanding of the matter. 

Glad I could help!

Edited July 25, 2022 by smashradio

[melliflousvoice]

Thanks a bunch Leo! 🙂

[ramstudiosl]

I recommend editing your post title.😁

[melliflousvoice]

3 hours ago, ramstudiosl said:

I recommend editing your post title.😁

I can't buddy.....(teach me how - whispering softly 🤫)