Skip to main content

I was in my room when suddenly I heard "Diamonds in Her Eyes" coming from the livingroom. Since the CD is in my car, I was a little confused, so I ran into the livingroom to see where it was coming from and saw that it was on a commercial for People's Jewellers. It is on Global Television, a Canadian station.

How awesome is that?!!

************************************************************ "Some of my most memorable interviews have been quite dishonest." - Neil Finn

Original Post

Replies sorted oldest to newest

So I'm the only one who cares?

Well, I just thought it was cool because as far as I can tell, it's as though Pajama Club doesn't even exist in Canada and suddenly their song was on my TV. Maybe it will generate some interest in them here and maybe it means that someone here is actually aware that they even exist, hence the use of their song.

Plus I like it when they actually use good good music in advertising.
Song works well with the commercial. I wonder how this happened....maybe Gryph can shed some light on this. There must be a Neil Finn fan amongst the marketing people at People's.

Is this the first time Neil has done this....I am actually surprised he would have one of his songs in a commercial.....seems to go against his beliefs. Money talks I guess.
quote:
Originally posted by renzo:
Song works well with the commercial. I wonder how this happened....maybe Gryph can shed some light on this. There must be a Neil Finn fan amongst the marketing people at People's.

Is this the first time Neil has done this....I am actually surprised he would have one of his songs in a commercial.....seems to go against his beliefs. Money talks I guess.


I doubt that Neil is even aware that the song was used in this commercial. Legally, they don't have to ask his permission. Some companies may ask before as a courtesy but it is not required. They just have to pay whatever royalties are owed. Here's a link to an interview with Weird Al Yankovic. In this clip, he talks about the Lady Gaga parody but he does mention that he didn't have to ask her permission or any artist permission for that matter. He personally does just as a courtesy.
http://www.youtube.com/watch?v=TBZhoP05TpY
quote:
Originally posted by amjfrenz:
quote:
Originally posted by renzo:
Is this the first time Neil has done this....I am actually surprised he would have one of his songs in a commercial.....seems to go against his beliefs. Money talks I guess.


I doubt that Neil is even aware that the song was used in this commercial. Legally, they don't have to ask his permission. Some companies may ask before as a courtesy but it is not required. They just have to pay whatever royalties are owed. Here's a link to an interview with Weird Al Yankovic. In this clip, he talks about the Lady Gaga parody but he does mention that he didn't have to ask her permission or any artist permission for that matter. He personally does just as a courtesy.
http://www.youtube.com/watch?v=TBZhoP05TpY


I think you'll find it's rather a different thing to use a song in TV advertising than to cover or otherwise use a song, such as in a TV show. Yes, royalties always have to be paid, but where that song is being used to drive commercial gain ... I recall back when Microsoft released the Windows Operating System and they wished to use It's the End of the World as We Know Itby REM, but the band refused, hence their use of the Stones' Start Me Up. U2 have also refused many requests to use their songs in advertising, so I think the artist (or management) always has some say in the use of songs for commercial purposes such as this.
quote:
Originally posted by mummakook:
I think the artist (or management) always has some say in the use of songs for commercial purposes such as this.


- i agree. I'm sure Neil &/or management would have had to give permission for the track to be used.

In answer to Renzo's question - only other e.g. I can think of of Neil's music being used to advertise is DDIO featuring in a NZ tourist board ad. several years ago
I know that here in the UK, when registering the copyright of songs with Royalty collections agencies, such as the Performing Rights Society / Mechanical Copyright Protection Society, the writer, or the writer and publisher, are given the option of whether or not anyone wishing to licence a song must contact the copyright owners.

So basically you can say a blind 'yes' to anyone wishing to licence your music, or you can have a say in who can / cannot, should you be you are approached.

I would presume it's similar in overseas territories?

The Super Furry Animals (a wonderful psychedelic Welsh band) turned down a HUGE, I mean HUGE advertising offer from Coca Cola for the use of 'Hello Sunshine'
I still do not believe that it is a legal requirement to ask beforehand. As I mentioned, some companies do ask beforehand because they don't want to get into a nasty battle with the artist after the fact, just as Weird Al had mentioned. If you are dealing with the Stones, you had better talk to Mick or he will take you to court. Plus the Stones negotiated an insane amount of money for the use of their song. Take Van Halen as another example. Their song Right Now was used in a Coke commercial a few years back. In this case, they were asked beforehand and they said yes. But they also said at the time that if they had said no, they could not stop Coke for putting together a cover version and using that instead. So their logic was that if Coke is going to use the song anyways, they would rather that their version was used. Another example is Supertramp. Here in Canada there is a news program called W5 that use to use an old Supertram song as its theme music. When Roger Hodgson was interviewed on Canadian TV, this was mentioned to him and he was completely unaware about it. So I still doubt that Neil knows about this. In fact I don't think that this commercial is being shown outside Canada since I haven't noticed it on US TV yet. I know that someone has mentioned it on the PJ facebook account but I am not sure how often Neil looks at that site. Maybe someone should tweet Neil and ask.
quote:
I still do not believe that it is a legal requirement to ask beforehand


Well amjfrenz,I know that with my own publishing deal I have to give permission if a company wants to licence a piece of my music for commercial use.

A couple of years ago I turned down a company who wanted to use a piece of music in a television advertisement.

Perhaps it's different in other countries/artists/type of publishing deal, but this was/is certainly the case in my personal experience
quote:
Originally posted by amjfrenz:
I still do not believe that it is a legal requirement to ask beforehand. As I mentioned, some companies do ask beforehand because they don't want to get into a nasty battle with the artist after the fact, just as Weird Al had mentioned. If you are dealing with the Stones, you had better talk to Mick or he will take you to court. Plus the Stones negotiated an insane amount of money for the use of their song. Take Van Halen as another example. Their song Right Now was used in a Coke commercial a few years back. In this case, they were asked beforehand and they said yes. But they also said at the time that if they had said no, they could not stop Coke for putting together a cover version and using that instead. So their logic was that if Coke is going to use the song anyways, they would rather that their version was used. Another example is Supertramp. Here in Canada there is a news program called W5 that use to use an old Supertram song as its theme music. When Roger Hodgson was interviewed on Canadian TV, this was mentioned to him and he was completely unaware about it. So I still doubt that Neil knows about this. In fact I don't think that this commercial is being shown outside Canada since I haven't noticed it on US TV yet. I know that someone has mentioned it on the PJ facebook account but I am not sure how often Neil looks at that site. Maybe someone should tweet Neil and ask.


Neil absolutely DOES know the song is being used because he more or less told me so! I mentioned it to him on Twitter soon after I first saw it and he replied that they wanted the PJ Club songs to be heard. A vague response, but a response nonetheless, and, to me, it implies that he specifically agreed to advertising use. (I'm also the one who mentioned and posted the ad on the PJ Club Facebook page BTW.)

I also emailed Peter when I first saw the commercial, and it seemed to be news to him.

I don't know the specific ins and outs of permission for song use, but I do know that how a song is used dictates the protocol for using it. Sometimes you get a license from the royalty issuing company such as ASCAP and BMI in the US, and SOCAN in Canada, and sometimes you get permission from the copyright owner or their agent/representative. Whether you are playing another artist's song live, recording it on an album, using it on television, etc dictates the protocol you follow, It may be that this protocol varies by country. I also know that there are sometimes blanket license agreements used in television so that networks don't have to go through the logistical nightmare of having to license the use every single song, but still ensure royalties are paid. I don't think this would apply to independent advertising though.
quote:
Originally posted by Robsabres:
Just heard it myself in a Zales jewelry commercial!


Yeah! Aimlessly channel-surfing last night, and there it was, it's the same as the Canadian commercial but with Zales logo on it instead of People's Jewellers. Awesome - something to savor this holiday season, a commercial with GREAT MUSIC!! Big Grin
As I mentioned in the other thread, I am by no means a prude but I was a bit shocked with the bit of the song that the ad agency chose and the way that they used it! Neil sings "it's nice to see you in my bed" right as she opens the box! As though you can get a woman into bed by giving her diamonds?! It's seems like such an sweet & innocent Christmas ad so that line just seems totally out of place to me IMHO!
Jennifer, I agree, I was initially quite surprised that bit of lyric made the cut for the commercial - not because I'm offended by it, but because it's different than the cartoony sexuality usually exploited for commercial use in the States.

Having said that, it makes me gleeful (and merry and bright) every time I see the commercial... and I was absolutely delighted last night to see they're using "Diamonds" on another of their commercials (a recut montage of a bunch of the spots.) I used to be virulently anti my favorite performers licensing their music for commercial use, but I guess I'm at once more jaded and more relaxed about it now, and just glad to know they're making a buck that will help them continue to make their own music. THAT'S a Christmas miracle, in my book!

Add Reply

Post
    All times London, UK.

    ©1998-Eternity, Frenz.com. All post content is the copyrighted work of the person who wrote it. Please don't copy, reproduce, or publish anything you see written here without the author's permission.
×
×
×
×
Link copied to your clipboard.
×
×