Music may keep television shows off DVD
By Bruce R. Miller Journal staff writer | Posted: Sunday, February 20, 2005
LOS ANGELES -- If you've wondered why your favorite television series hasn't been released on DVD, it could be as simple as this: Music.
"The cost of the musical compositions can add up to more than we'd see in a royalty from a DVD sale," says Paul Brownstein, president of Paul Brownstein Productions, a DVD distributor. "You'd have to be in a loss position on every single DVD that comes out."
If a show was known for its music -- something like "Miami Vice," for example -- the search for rights could be endless. And, says Brownstein, "sometimes the publisher just says no. Sometimes it's a matter of 'add up the number of songs' and you just can't afford to put it out."
In certain cases, the DVD's producer decides to replace the music. "I've done three seasons of 'Felicity' and all the original music was pulled out and replaced with a new score," says David Naylor, president of the DVD Group.
While purists may not be pleased with altered episodes, they are able to see the shows. Not so for fans of some variety series. Because Cher, Dean Martin and others sang popular songs on their series, it's probably a rights nightmare for a DVD distributor to track down the owners of all the music.
Replace it? Impossible.
On those shows that have had soundtracks substituted, the DVD boxes are marked.
"We make sure people are aware that the DVD does not contain the original music," says Marc Rashba, vice president of catalog marketing for Sony Pictures Home Entertainment.
Sometimes, negotiations are key. If a song was essential to setting a program's mood, producers will fight for it. If it's not, they'll compromise.
"We've had 'must-have' pieces and then 'try-to-get' pieces," says Gary Scott Thompson, the creator of "Las Vegas" and force behind its first-season DVD release. "And then we have 'we have to change' pieces. If we had put all the music in it, we would have never been able to produce that DVD."
Rather than fool the public into thinking it's getting the same thing that was shown on television, Thompson has added footage to the "Las Vegas" DVD that was too hot for NBC.
"We have strip clubs. We have wet T-shirt contests. We have a lot of stuff like that," Thompson says. "We put about five or six minutes' worth back into the shows that I personally thought helped the show."
Because DVD sales can be lucrative, current producers are mindful of the "extras" they can include. They're saving material that might have been discarded and they're looking carefully at the rights they'll need to get.
With vintage series, it may be a problem just to figure out who owns what.
"Older shows fall under a lot older contracts," says Rashba. "Every deal is different."
If a DVD producer wants a commentary track, he may have to pay talent to provide it. "A lot of the talent will ask for a fee because ulimately that residual is probably not as substantial as something that is a hot show currently on network."
If a DVD is produced while the show is still on the air, it's easier to get the necessary contracts signed. "In the case of 'Las Vegas,' I produced it myself," Thompson says. "I made the phone calls. I went to Jimmy Caan. I went to all the actors and said, 'We're going to do this.' It's a timing thing."
Producers says Thompson's approach is best. "You've got someone who is completely behind the release, you realize you're going to get the access you need to make the best disc possible," says Naylor. "There's nothing worse than turning up on a set and being told that the lead actor or actress doesn't like their deal and, basically, you can't shoot anything."
Once those contracts are in place, it's a matter of finding the material.
With older shows, the film could be in excellent condition. Sometimes, Rashba says, "you find a lot of scratchy stuff that no one's really touched."
Other times, it's a major disappointment.
"There were 71 'Smothers Brothers' and on one of the two-inch tapes the oxide had flaked off," says Brownstein. "It's just a crapshoot."
Now, producers say, they're aware of the needs of DVD distributors. Like Thompson, the producers of "Lost" aren't wasting a minute.
"With 'Lost' we started pretty much as soon as (the ABC president) gave the green light to the show," says Naylor. "We started shooting material for the DVD before a frame was shot. We've got production meetings...close to 100 tapes of the creation of the show."
"The cost of the musical compositions can add up to more than we'd see in a royalty from a DVD sale," says Paul Brownstein, president of Paul Brownstein Productions, a DVD distributor. "You'd have to be in a loss position on every single DVD that comes out."
If a show was known for its music -- something like "Miami Vice," for example -- the search for rights could be endless. And, says Brownstein, "sometimes the publisher just says no. Sometimes it's a matter of 'add up the number of songs' and you just can't afford to put it out."
In certain cases, the DVD's producer decides to replace the music. "I've done three seasons of 'Felicity' and all the original music was pulled out and replaced with a new score," says David Naylor, president of the DVD Group.
While purists may not be pleased with altered episodes, they are able to see the shows. Not so for fans of some variety series. Because Cher, Dean Martin and others sang popular songs on their series, it's probably a rights nightmare for a DVD distributor to track down the owners of all the music.
Replace it? Impossible.
On those shows that have had soundtracks substituted, the DVD boxes are marked.
"We make sure people are aware that the DVD does not contain the original music," says Marc Rashba, vice president of catalog marketing for Sony Pictures Home Entertainment.
Sometimes, negotiations are key. If a song was essential to setting a program's mood, producers will fight for it. If it's not, they'll compromise.
"We've had 'must-have' pieces and then 'try-to-get' pieces," says Gary Scott Thompson, the creator of "Las Vegas" and force behind its first-season DVD release. "And then we have 'we have to change' pieces. If we had put all the music in it, we would have never been able to produce that DVD."
Rather than fool the public into thinking it's getting the same thing that was shown on television, Thompson has added footage to the "Las Vegas" DVD that was too hot for NBC.
"We have strip clubs. We have wet T-shirt contests. We have a lot of stuff like that," Thompson says. "We put about five or six minutes' worth back into the shows that I personally thought helped the show."
Because DVD sales can be lucrative, current producers are mindful of the "extras" they can include. They're saving material that might have been discarded and they're looking carefully at the rights they'll need to get.
With vintage series, it may be a problem just to figure out who owns what.
"Older shows fall under a lot older contracts," says Rashba. "Every deal is different."
If a DVD producer wants a commentary track, he may have to pay talent to provide it. "A lot of the talent will ask for a fee because ulimately that residual is probably not as substantial as something that is a hot show currently on network."
If a DVD is produced while the show is still on the air, it's easier to get the necessary contracts signed. "In the case of 'Las Vegas,' I produced it myself," Thompson says. "I made the phone calls. I went to Jimmy Caan. I went to all the actors and said, 'We're going to do this.' It's a timing thing."
Producers says Thompson's approach is best. "You've got someone who is completely behind the release, you realize you're going to get the access you need to make the best disc possible," says Naylor. "There's nothing worse than turning up on a set and being told that the lead actor or actress doesn't like their deal and, basically, you can't shoot anything."
Once those contracts are in place, it's a matter of finding the material.
With older shows, the film could be in excellent condition. Sometimes, Rashba says, "you find a lot of scratchy stuff that no one's really touched."
Other times, it's a major disappointment.
"There were 71 'Smothers Brothers' and on one of the two-inch tapes the oxide had flaked off," says Brownstein. "It's just a crapshoot."
Now, producers say, they're aware of the needs of DVD distributors. Like Thompson, the producers of "Lost" aren't wasting a minute.
"With 'Lost' we started pretty much as soon as (the ABC president) gave the green light to the show," says Naylor. "We started shooting material for the DVD before a frame was shot. We've got production meetings...close to 100 tapes of the creation of the show."
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