Who owns the past shows? OA or Sirius or shared?

0  2014-07-11 by doritosalsa

If the writing is on the wall and Opie and Jim are done when the contract is up then who owns the past 10 years of shows? Do we know if Opie has it written in his contract on being able to play take his shows with him or no?

20 comments

They somehow belong to the estate of Steve Carlesi.

"Property of Foundry Music"

It's watermarked

Yessss.

And that's how you produce.

At a guess, I would say Sirius own the permanent rights to the content (but they would be limited in using the OpieAndAnthony brand for some set period of time). That would mean the boys would have to license the content from Sirius (and CBS before that) to be able to use it outside of 'fair use'.

Thats how these things would be done usually. If you have an employee make something on your time with your tools (like the studio and Sirius producers) it is licensed under 'work for hire' (so you own it automatically), BUT if you have a contractor make something (which is what has happened here) you have to set out the rights on paper, and lawyers will always push for permanent rights because otherwise they are taking money off the table for no reason. Thats really what they are paying for, not the boys time but licensing for the brand and content.

Sxm probably owns it just like CBS owns most of there shit from the free fm days

I would imagine SiriusXM owns the content for a certain period of time and then the ownership is transferred to Opie and Anthony.

Why would you imagine that?

He used his imagination

I feel like I remember hearing that that's how a lot of radio contracts work. The company owns the content for x amount of years and then after that time is up the content is transferred over to the talent. Unless your agent is shitty or the company is paying you to maintain ownership of your content.

Do you have any examples where that's been the case? It wasn't so for O&A and while a big name like Stern might get special treatment, i don't know of any other shows which got that deal. Except possibly self-syndicating shows which sold their content to multiple stations.

Free Beer and Hot Wings have mentioned on air that they don't own their content til 5 years after their contract is up.

Unless your agent is shitty

Well that's unfortunate for the boys...

This sounds likes a Harvey Levin question

They've gotten fucked before with not being able to play old show audio. So I assume they own it all.

I'm trying to remember if they ever said they wrote it into their contract. We have the internet now for this but I hope they have hard copies

I would guess that Sirius would have written a non-disclosure for certain terms of contract. Its standard practise because otherwise, the boys spill the exact, detailed terms of their licensing contract on air and anyone else that has a shitter deal with Sirius knows they got fucked over. It takes the negotiating edge away from Sirius.

Just from the claims on the YouTube clips themselves it's got to be Sirius - they were always the ones enforcing their rights on past clips, and O&A had to go through Sirius lawyers to get the actions to stop. That would certainly be typical - Sirius contracts with O&A to produce content, which they then own.

There could be a provision in a contract allowing O&A to use the clips if they ever leave Sirius (depending on how the contract was drafted - O&A/Sirius could always insert something to this end). It would make sense - past content is virtually valueless to Sirius if O&A leave, and O&A would certainly still find it valuable (the only real value to Sirius is its power in negotiating, given that O&A would want it).

I own it. They can't ever have it.

It's watermarked