Theme Night Music Madness

Theme nights have become a popular way for sports teams to engage fans by creating unique, immersive experiences that go beyond the game itself. These theme nights are getting very creative and involve some huge brands like Star Wars, Harry Potter, Dora the Explorer, and even TV shows like Friends, Seinfeld, Game of Thrones and The Simpsons.   Of course, these events involve special video elements, graphics packages, special merchandise, and even performances that tie into the chosen theme.

One missing element stands out.  Many of these nights do not include music from these properties. You would think that the tunes come hand in hand with the imagery, logos and assets that are associated with these brands, but there are a variety of issues that can stand in the way of music use for the night.

Music Ownership- TV show theme songs are owned or co-owned by the network.  Yes, even a theme song like “I’ll be There for You” by the Rembrandts isn’t just a band clearance issue, but it’s also an NBC clearance issue.  They basically co-own the track.  The network will approve or deny the use in the stadium.  Music/theme songs are highly valued by IP (intellectual property) departments and can carry a premium fee. 

SAG/AFTRA- In some cases, the songs are performed by SAG/AFTRA performers and not by “bands”.  In those cases, an additional fee would be paid to SAG or AFTRA for the use of those artists’ performances.  These fees are very reasonable and don’t typically prohibit team use.

‘Parody’ is a Problem- Over the past 30+ years, teams have relied on and shielded themselves from the legal arena by claiming “parody” for a piece that mimics or copies the imagery of a TV show or movie scene.  Parody law allows individuals to use copyrighted material, like a scene from a TV show, in a manner that is transformative and intended to comment on or critique the original work. A parody must evoke the original work to be recognizable but must also add new expression, meaning, or message, often through humor or satire. This makes it different from copying, as the intent is to make a social or critical point rather than simply replicating the original content. Parody is protected.  HOWEVER, when teams are simply recreating a TV show open or a scene from a movie, that would have to be cleared with the intellectual property lawyers for the brand.

I sense your frustration.  How can we run a theme night without the use of the music?!  You can, but you need to think about what you are doing with the music.  If you are playing the audio raw in stadium, no video content, then you are ok.  If you have video content being used, and the result is synced or has the appearance of sync, you are using the music improperly.

If you have music in a video, scene recreation or a unique open for the theme night, save your legal department the hassle and get the sync rights.   Even if you must pay a premium for the rights, it’s worth the hassle.  You do not want to get caught using them improperly, without permission and end up in legal hot water.

The other option is finding a sound-like track that could be a close substitute.  It’s not the best sounding option, especially if you are using the track to recreate an opening sequence, but it can be a much more affordable option.  Just BE CAREFUL.  Even if you are not using the theme music, you could still be in violation of the brand’s intellectual property by recreating a sequence (like having players open umbrellas or dance in a fountain as a recreation of the ‘Friends’ opening sequence.  You may not be using the song, but you are using the imagery and recreating the scene).

There are words of warning here, but these brands and intellectual property departments want you to create and have successful events.  It’s your use and reuse of these songs and brands that brings in new fans and the combined fandoms of your team and the brand.  These partnerships work, and the music can and will work for you as well.  Just be smart about recreations and music use. 

As always, we are here to help answer your music licensing and use needs.  Please contact John Adams to schedule a meeting or consultation.