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I don't like how the Party City commercial uses 'Thriller'

BillieJean84

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I don't know if its just me but I don't like how the Party City for halloween costumes, uses 'Thriller'. First off all, the rendition is not so good. Second, I just don't like it.
 
Oh my goodness. I am glad someone else noticed this stupidity. Ever since MJ died, I have been hearing jis music on commercials now more than ever. Maybe I am just more attentive but even my sister noticed this and she is not even a huge fan.
What is up with this? Bogus, I tell ya!
 
If any commercials going to use any song of MJ, Katherine should get whatever profit.
 
I've seen the commercial, and first thing I wondered if using Thriller had to be approved by which ever entity controls use of Michael's music. Surely a company would seek info and approval prior to it's use? And some sort of payment must be made to use said music?

If it was okayed and there is some sort of fee paid for it's use, then it personally doesn't bother me. The commercial was "catchy", didn't hate it, didn't love it, but it does catch one's attention.

jmo
 
tbh id love to have the fedora. And yes you are over thinking this stuff. If Michael didn't like costumes so much i would have a problem with this but i dont. I haven't seen the advert your all discussing but if they have permission its not against the law. Michael loved Halloween. Its right he has a little spot in the best holiday ever.
 
BillieJean84 said:
If any commercials going to use any song of MJ,
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Katherine
should get
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whatever
profit.
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The estate gets what is called in the Music Industry - Royalties

Royalties (sometimes, running royalties, or private sector taxes) are usage-based payments made by one party (the "licensee") and another (the "licensor") for ongoing use of an asset, sometimes an intellectual property (IP).

Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such but there are also other modes and metrics of compensation.

A royalty interest is the right to collect a stream of future royalty payments, often used in the oil industry and music industry to describe a percentage ownership of future production or revenues from a given leasehold, which may be divested from the original owner of the asset.

A license agreement defines the terms under which a resource or property such as petroleum, minerals, patents, trademarks, and copyrights are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc.

Source:Wikipedia

As Always

:angel:
 
I'm not overthinking it. lol. I geniunely dislike that commercial. & the song they used.
 
BillieJean84 said:
If any commercials going to use any song of MJ, Katherine should get whatever profit.
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How is that? Mike didn't write the song, nor owns the publishing, and they don't use his recording, so he/estate doesn't get paid. Rod Temperton does though.
 
Thank you! I'm glad I'm not the only one who doesn't like that commercial. The commercial itself isn't bad but it's that they run it so many times, over and over! Sometimes within minutes of each other! It's too much. They also ran it last year which of course, was just a few months after Michael's passing so I thought that was tacky and insensitive of them.
 
Also it's not really the "Thriller" song they are using. It's a bad, bad imitation of the song. LOL. The dancing costumed party goers also do really bad Thriller dance imitations. Heh. But they repeat that commercial so often I want to scream.
 
DuranDuran said:
How is that? Mike didn't write the song, nor owns the publishing, and they don't use his recording, so he/estate doesn't get paid. Rod Temperton does though.
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we all know this dry calculating situation doesn't apply so easily here, since the song brings only one subject to mind..Michael Jackson. so, we have to be talking about likeness..image..useage of his voice...sometimes, when an artist gets big enough, other factors come into play. nobody is thinking of Rod Temperton, when you hear Thriller. except for music geeks. and engineers.

but we all know who the mass general public is thinking of.

plus, in the ad, they do the dance. it's one thing to do it in public for no profit. but this company is profiting from doing a dance that Michael co coreographed. so..i'm guessing there's a lot more business transactions to be considered with the Michael Jackson brand, in this situation.

when a name becomes this big a brand, new rules are surely going to apply. i'm guessing the estate knows more about it than we do, but if i were a betting person and i asked the estate lawyers what all Michael should get out of this, i'm sure we'd hear a lot more than what applies to the average artist. i'm not saying Temperton doesn't get his, but i'm sure other rules are added to the traditional rules in this case.
 
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144 said:
we all know this dry calculating situation doesn't apply so easily here, since the song brings only one subject to mind..Michael Jackson. so, we have to be talking about likeness..image..useage of his voice...sometimes, when an artist gets big enough, other factors come into play. nobody is thinking of Rod Temperton, when you hear Thriller. except for music geeks. and engineers.

but we all know who the mass general public is thinking of.
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It's not his likeness or voice, because it's different singers and music. The 3 remaining Beatles sued Nike in the mid-80's because Nike actually used the band's recording of Revolution without permission instead of using cover singers. In that case Nike used the Beatles' likeness. The makers of this commercial doesn't have to get any permission from or pay the estate since Mike has nothing to do with the songwriting ofThriller and they don't use his version. You don't have to get permission from anybody to remake a song, only to use or sample a previous recording. The act covering the song does have to pay royalties to whoever owns the copyright of the song, not necessarily the songwriter if the songwriter is not the owner.
 
144 said:
plus, in the ad, they do the dance. it's one thing to do it in public for no profit. but this company is profiting from doing a dance that Michael co coreographed. so..i'm guessing there's a lot more business transactions to be considered with the Michael Jackson brand, in this situation.
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Going by this logic, then Mike has to pay Bob Fosse, Gene Kelly, James Brown, Fred Astaire, whoever came up with the glide (aka moonwalk), the makers of West Side Story, etc. Perhaps he should pay Elvis too.
elvis-jailhouse.jpg

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I don't like it either. I only saw it once so far and I cringed.
 
I heard bout this commercial and heard it wasnt good. So glad i havent seen it LOL
 
DuranDuran said:
Going by this logic, then Mike has to pay Bob Fosse, Gene Kelly, James Brown, Fred Astaire, whoever came up with the glide (aka moonwalk), the makers of West Side Story, etc. Perhaps he should pay Elvis too.
elvis-jailhouse.jpg

4p761.jpg
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not really. it's all in how you put it together. if you popularize something, it's yours. like i said, you're being cut and dry about this. among Michael's many ironically hidden talents, is he was a musicologist. and, quite frankly, it's always possible that he studied the past, saw who got cheated, and made sure it wouldn't happen to him. he took creative control for a reason. like i said, the estate lawyers know more than we do. i'm sure there are some things we don't know, that benefit Michael, right now. it's always easy to devalue MJ one way or the other. let's just say, silence and secrets are golden.

and how do you know that Priscilla Presley didn't make some arrangements regarding Elvis?

MJ made sure he was known for something, in particular. his MJJ productions had an insignia with him on his toes. you might have those pics of ELvis there, but Elvis made sure he was kKNOWN for something else. Michael is KNOWN for the moonwalk.

they called Elvis the 'Pelvis'. they didn't call him the 'moonwalk'. but ELvis wasn't the first to shake his pelvis, either. but if a person knows how to trademark something, kudos to them.
 
oh for the love of god! when you make a tribute video you use things from Michael. Michael did this and it caught on you people dissect something and make nothing into something. Its sad.
 
For those who havent seen this advert... I reccomend seeing it before you judge it...

I just watched it and i thought it was AWESOME!!! its women singing it btw...



Enjoy you know you will

btw its not as bad as you say it is.... Making a mountain out of a ant hill
 
yas! i was so pissed! i was texting then i heard the "dun duuuun!" thinkin its a new mike something and then they started singin im like 0_o what.the.f*ck.
 
GinnyJackson said:
For those who havent seen this advert... I reccomend seeing it before you judge it...

I just watched it and i thought it was AWESOME!!! its women singing it btw...



Enjoy you know you will

btw its not as bad as you say it is.... Making a mountain out of a ant hill
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Aww geez why did I play that video again? I've been force fed that commercial on TV at least 10,000 times in the last year. LOL!

I don't know (or care) about the legalities behind this but when they play a commercial over and over again minutes apart I don't care if it's the greatest commercial ever made, it will become annoying at some point. But I probably watch too much TV. :D

I feel the same way about the annoying and repetitive Radio City Music Hall Christmas spectacular commercial (probably only in the NY/NJ tri-state area) that I dread every year. Hear it once, fine. But a thousand times in a day and you want to jump out of a window. It's October. I know it's coming.
 
144 said:
MJ made sure he was known for something, in particular. his MJJ productions had an insignia with him on his toes. you might have those pics of ELvis there, but Elvis made sure he was kKNOWN for something else. Michael is KNOWN for the moonwalk.
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He can copyright a logo or trademark, but a dance step can't be copyrighted. Anybody can use it.









 
you guys need to Chill this aint that big of a thing. they aint even doing the dance! its just a song.
 
DuranDuran said:
How is that? Mike didn't write the song, nor owns the publishing, and they don't use his recording, so he/estate doesn't get paid. Rod Temperton does though.
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Everytime a cover of a song is made the original recording artist receives a royalty fee, and although Rod Temperton wrote the song you forget Michael owns the rights to all his music..which is virtually unheard of still today.
 
SeriousEffect. said:
Everytime a cover of a song is made the original recording artist receives a royalty fee, and although Rod Temperton wrote the song you forget Michael owns the rights to all his music..which is virtually unheard of still today.
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The original performer of a song doesn't get paid from a remake, only the songwriter & publishing company. If the original performer is the songwriter, then they get a cut. If a songwriter is a songwriter for hire, they don't get royalties, only a flat fee. If someone samples a song or if someone uses the original recording, then the original performer can (but not guaranteed) get a royalty, depending on whatever is in their contract they have with their record company.
 
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