No Brand Names?

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uncbilly
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No Brand Names?

Post by uncbilly » Wed May 14, 2014 12:08 pm

It has been said that brand names are a no-no when songwriting. Makes perfect sense to me. But is that mostly/only for TV/Film work?

I read a TAXI listing for Country that listed the band Florida/Georgia line. So I clicked to check them out. You could almost play a drinking game based on how many times they say "Chevy pickup." :) (and how many times they "bro-hug" :lol: )

Then I yesterday I heard "She Looks So Perfect" by 5 Seconds of Summer. The chorus is "She looks so perfect standing there in my American Apparel underwear"

Both major brand names. And I don't see the "no brand names" rule listed in any country listings (today, anyway).

So my questions are:

- Does the "no-brands" apply only to TV/Film stuff?

- Did the artists above have to make deals with the brands in order to use the brand? (The "how we wrote it" blurb from the band doesn't mention any deal.)

- If it is legal for an artist to simply mention a brand in a song without prior consent, what rights do the brand-holders have to issue a cease-and-desist order? Would a brand have prove actual financial damages from the mention? Or could they say "We simply don't want our brand associated with this artist."

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Re: No Brand Names?

Post by pboss » Wed May 14, 2014 1:58 pm

I think the distinction here is between a major label artist with a hit song, and it does not matter if something specific is in the lyric, like a name, place, or brand, & the purpose of music licensing, where you want the same song to be able to fit into multiple situations.

So, go for the vibe of the examples they give, but think about how you can make your lyrics fit more than one specific situation, and it has a chance of being used more.
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Re: No Brand Names?

Post by Len911 » Wed May 14, 2014 3:55 pm

Remember this chorus from Mel Tillis?

"And she said, you're just a coca cola cowboy
You got an Eastwood smile and Robert Redford hair
But you walked across my heart like it was Texas
And you taught me how to say, I just don't care"

"The song was featured in the film, Every Which Way But Loose"

Three of the four lines violated the rules in one way or another. :lol:

Horses for courses.
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Re: No Brand Names?

Post by andygabrys » Wed May 14, 2014 4:09 pm

its different if you are an artist and you write a song to sell songs.

if you are a TV / Film writer you write songs to have songs placed in Film / TV. The constraints include lack of place names, lack of names of people, lack of brand names etc because those tend to pigeonhole the song and make it less universal and restrict the number of uses.

The first category can cross over to the second even if the song contains certain names if it fits the scene.

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Re: No Brand Names?

Post by uncbilly » Wed May 14, 2014 8:10 pm

Ah, so in TV/Film:

- Fitting the scene is the first gating factor

- Then there's the potential for a brand mention to be at odds with an advertising sponsor like if a song had the word "Coca-Cola" on a show whose paying sponsor was Pepsi. In which case Pepsi gets mad at the Producer, but the artist is not involved or liable for anything And there may several sponsors over the entire life of the show.

If I got the above correctly, I can see how some Producers would simply have a "zero tolerance policy" for brand names just to streamline their workflow.
I can also see how the more savvy ones would seek out connections to increase their ad revenue by offering tie-ins.

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Re: No Brand Names?

Post by andygabrys » Wed May 14, 2014 8:18 pm

uncbilly wrote:Ah, so in TV/Film:

- Fitting the scene is the first gating factor

- Then there's the potential for a brand mention to be at odds with an advertising sponsor like if a song had the word "Coca-Cola" on a show whose paying sponsor was Pepsi. In which case Pepsi gets mad at the Producer, but the artist is not involved or liable for anything And there may several sponsors over the entire life of the show.

If I got the above correctly, I can see how some Producers would simply have a "zero tolerance policy" for brand names just to streamline their workflow.
I can also see how the more savvy ones would seek out connections to increase their ad revenue by offering tie-ins.
yep as I know it to be, that's pretty much it.

other examples would be using "New York, New York" in a TV show set in Cincinnati. It would only make sense if the characters took a trip to New York city or something.

or a tune like "crazy Town" - Jason Aldean (I think). seems innocent enough, but Nashville is mentioned in the first line, followed by "Hollywood with a little twang". It would be hard to make that work for a show set in Seattle, unless again they went to Nashville, or were thinking about Nashville or something.

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Re: No Brand Names?

Post by uncbilly » Wed May 14, 2014 9:15 pm

other examples would be using "New York, New York" in a TV show set in Cincinnati.
Given this limitation of a song with a city name, and the understanding that TAXI success is essentially a pure numbers game, I'd be inclined to shy away from listings that request specific city names unless I had a song already finished. Better to spend my time on something that doesn't have such limited usefulness if it doesn't get forwarded/placed.

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Re: No Brand Names?

Post by andygabrys » Thu May 15, 2014 7:23 am

uncbilly wrote:
other examples would be using "New York, New York" in a TV show set in Cincinnati.
Given this limitation of a song with a city name, and the understanding that TAXI success is essentially a pure numbers game, I'd be inclined to shy away from listings that request specific city names unless I had a song already finished. Better to spend my time on something that doesn't have such limited usefulness if it doesn't get forwarded/placed.
that's true. there was a discussion that has gone around a few times whether or not its "worth it" to submit for the big $$$ ad placements that sometimes come around via TAXI. The ones that TAXI and everybody else in the land are in on the search for music and the chances of being selected as the winner are very small. The answer that seemed to make a lot of sense was (roughly paraphrased) "if I write a track that is 2min + its in a style that I can place with one of my existing library contacts if it doesn't go for this ad, then writing for the ad is fine".

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Re: No Brand Names?

Post by uncbilly » Thu May 15, 2014 8:09 am

"if I write a track that is 2min + its in a style that I can place with one of my existing library contacts if it doesn't go for this ad, then writing for the ad is fine".
Makes perfect sense - Don't chase after one cat, better to spend the time pourin' milk where a bunch of 'em will smell it.

Thanks for taking the time to clear this stuff up for me, Andy, Len, and Pboss!

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Re: No Brand Names?

Post by mojobone » Mon Jun 16, 2014 7:17 pm

Yes, and sometimes when such a pitch fails, it's easy to change a line or two to make it more universal; just remember, "coke" rhymes with more stuff than "pepsi". ;)
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