Telltale Games

coolsome · 01/07/2010, 12:31 pm

I remember hereing lucus arts having all rights to ads and tales have to negotate what they sell Im not sure if its true itsjust what iv herd

Ashton · 01/07/2010, 02:49 pm

Honestly, that's a very muddy issue...

TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

but I'm no IP attourney...

coolsome · 01/07/2010, 03:42 pm

Quote:

Originally Posted by Ashton

Honestly, that's a very muddy issue...

TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

but I'm no IP attourney...

they can relese it as marys little lamb collection for all I care as long as I get that sound track

Falanca · 01/07/2010, 03:44 pm

Quote:

Originally Posted by Ashton

Honestly, that's a very muddy issue...

TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the *MUSIC* but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo...

but I'm no IP attourney...

Well they ARE selling the actual game and merchandising with that name and logo, so I doubt this could be an important issue if they ever want to release a soundtrack.

Rather Dashing · 01/07/2010, 03:58 pm

I think it's a far more complex legal and contractual issue than anyone who's posted yet is giving it credit for.

While Tales is apparently not a "commissioned" work, it seems that any product probably needs LucasArts OK to be sold, and I really doubt that naming it something different would avoid any legal issues. The music is by its very nature linked to the Monkey Island property, and if Telltale wants to develop or merchandise for the franchise they probably need permission from LucasArts.

Ashton · 01/07/2010, 04:28 pm

Quote:

Originally Posted by Rather Dashing

While Tales is apparently not a "commissioned" work, it seems that any product probably needs LucasArts OK to be sold, and I really doubt that naming it something different would avoid any legal issues. The music is by its very nature linked to the Monkey Island property, and if Telltale wants to develop or merchandise for the franchise they probably need permission from LucasArts.

It depends on the contract that the composer worked under. He might have all rights to the original tracks. Or, as you said, it may be under a joint lisence or even be exclusive property of LA. It's a very muddy issue. In a joint or exclusive lisence then yes, LA has to give the go-ahead and likely will require a royalty (despite all the work having been done by TTG)

Ash735 · 01/08/2010, 08:14 am

If we could hear from Michael Land that would be great, we've heard from just about everyone else on the game so far on these forums

Again it would depend on what the contract says, I would assume that Land has at least Joint Owner ship of the music as he's worked on the soundtrack for every game so far and that's a bit of a back catalog to NOT have any rights over.

I would assume Lucasarts would hold the rights to some extent but as SMI:SE has shown, Land had no part at all with the re-mastering of the tracks. So maybe a soundtrack would be possible but themes used in past games (Main theme, Underwater, Chapter Screen, etc) might be owned by LucasArts whilst it could be possible that any new scores could be part owned by Telltale.

Secret Fawful · 01/08/2010, 01:54 pm

I'd love a soundtrack, and since the soundtrack is made by Michael Land for this game, and every track is custom, I would say that it would work. Sure, they'd need LA's consent for the name, but so what? How hard would that be to actually get?

Charles Kelly · 01/08/2010, 03:20 pm

While there may be various legal issues involved I think it really comes down to whether Telltale want to release the soundtrack or not. I really hope they do because the music in Tales is outstanding.

jmm · 01/08/2010, 03:35 pm

It's all about the round shiny metal: if Telltale sells MI stuff, LA will want it's cut. How large? We don't know, but that determines if it is profitable enough to produce it.
For instance (taking as reference S&M Season 1 soundtrack): It sells for 19.95

LA's cut: 5 (25%)
Production cost: 2 (make'em, ship'em to the warehouse, etc.)
Physical Item cost (2 cds + casing + cover): 3
Item Profit: 50%

LA's cut: 8 (40%)
Production cost: 2 (make'em, ship'em to the warehouse, storage, etc.)
Physical Item cost (2 cds + casing + cover): 3
Item Profit: 35%

I suspect production cost per item is more than $2, so the actual profit will be less.

Anyway, still at 35% it is pretty good, right? What if Telltale can use that money in something more profitable or maybe LA is more greedy?

I'd love a soundtrack, but I won't bet on it. For all we know, Telltale only got the rights to make ToMI (5 episodes + DVD Version) and nothing more AND LA already has another company ready to make a new MI.

Ashton · 01/08/2010, 04:07 pm

Quote:

Originally Posted by jmm

For all we know, Telltale only got the rights to make ToMI (5 episodes + DVD Version) and nothing more AND LA already has another company ready to make a new MI.

BALPHEMY!!!

....but given LA's track record, enirely possible... (also possible that the lisence was only ToMI 1-5 with NO plans for a sequil........)

Juicius Maximus · 01/08/2010, 04:13 pm

I actually tried researching this on the US patent office website. Turns out accurately searching for patents is hard....and really boring

Shemp · 01/09/2010, 04:12 am

But why the cliffhanger at the end of episode 5 if they can't make season 2?

Ashton · 01/09/2010, 07:42 am

Quote:

Originally Posted by Shemp

But why the cliffhanger at the end of episode 5 if they can't make season 2?

Either:

A. Lucas Arts wanted a cliffhanger to leave the series open to a sequil
or
B. TTG *Wants* to make a second one, and are leaving the door open, incase LA decides 10 years from now to make another MI game

01/07/2010, 12:31 pm	#1
coolsome Sam D Coolsome Join Date: Jun 2009 Location: England Posts: 5,970	do tales have the licence to make a soundtrack? I remember hereing lucus arts having all rights to ads and tales have to negotate what they sell Im not sure if its true itsjust what iv herd __________________

01/08/2010, 01:54 pm	#8
Secret Fawful Fearless Oathbreaker Join Date: Jun 2009 Location: Stuck In This Pose Sexiness: Off The Charts! Posts: 5,136	I'd love a soundtrack, and since the soundtrack is made by Michael Land for this game, and every track is custom, I would say that it would work. Sure, they'd need LA's consent for the name, but so what? How hard would that be to actually get? __________________ You're the greatest. The greatest! - GuruGuru214 You'll go far in this life, Fawful. - That Guy In The Wheelchair Fawful, you sir, are made of win. - mgrant I love the Fawful! - Davies You're like a bad comedian. - monkey_05_06 ** you. - Giant Tope Why do you have to be such an hole? - Avistew You're a miserable little weasel who derives pleasure from being a *. - AllenB Grow up. - Mike Haley Now Playing: ~~Space Quest 0: Replicated~~ - ~~Space Quest I EGA: The Sarien Encounter~~ - Space Quest I VGA: The Sarien Encounter** - Space Quest II EGA: Vohaul's Revenge - Space Quest II VGA: Vohaul's Revenge - Space Quest III: The Pirates of Pestulon - Space Quest IV: Roger Wilco and the Time Rippers - Space Quest V: The Next Mutation - Space Quest VI: Roger Wilco in the Spinal Frontier - Space Quest: The Lost Chapter

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01/07/2010, 02:49 pm	#2
Ashton Senior Member Join Date: Apr 2008 Posts: 1,017	Honestly, that's a very muddy issue... TTG write the soundtrack (original tracks - some were from other MI games) so they should have all rights to the MUSIC but because LA owns rights to Monkey Island, I'd think that they could release a "Pirate music" CD, but to release a "ToMI Soundtrack" they would need to pay a royalty to LA for use of the "Monkey Island" name and logo... but I'm no IP attourney...

01/07/2010, 03:58 pm	#5
Rather Dashing Throw Baby Join Date: Jun 2008 Posts: 7,813	I think it's a far more complex legal and contractual issue than anyone who's posted yet is giving it credit for. While Tales is apparently not a "commissioned" work, it seems that any product probably needs LucasArts OK to be sold, and I really doubt that naming it something different would avoid any legal issues. The music is by its very nature linked to the Monkey Island property, and if Telltale wants to develop or merchandise for the franchise they probably need permission from LucasArts.

01/08/2010, 08:14 am	#7
Ash735 Senior Member Join Date: Jun 2009 Location: Manchester, UK Posts: 1,149	If we could hear from Michael Land that would be great, we've heard from just about everyone else on the game so far on these forums Again it would depend on what the contract says, I would assume that Land has at least Joint Owner ship of the music as he's worked on the soundtrack for every game so far and that's a bit of a back catalog to NOT have any rights over. I would assume Lucasarts would hold the rights to some extent but as SMI:SE has shown, Land had no part at all with the re-mastering of the tracks. So maybe a soundtrack would be possible but themes used in past games (Main theme, Underwater, Chapter Screen, etc) might be owned by LucasArts whilst it could be possible that any new scores could be part owned by Telltale.

01/08/2010, 03:20 pm	#9
Charles Kelly Member Join Date: Apr 2008 Posts: 94	While there may be various legal issues involved I think it really comes down to whether Telltale want to release the soundtrack or not. I really hope they do because the music in Tales is outstanding.

01/08/2010, 03:35 pm	#10
jmm Fremen Fedaykin Join Date: Apr 2007 Location: Arrakis (also known as Dune) Posts: 1,177	It's all about the round shiny metal: if Telltale sells MI stuff, LA will want it's cut. How large? We don't know, but that determines if it is profitable enough to produce it. For instance (taking as reference S&M Season 1 soundtrack): It sells for 19.95 LA's cut: 5 (25%) Production cost: 2 (make'em, ship'em to the warehouse, etc.) Physical Item cost (2 cds + casing + cover): 3 Item Profit: 50% LA's cut: 8 (40%) Production cost: 2 (make'em, ship'em to the warehouse, storage, etc.) Physical Item cost (2 cds + casing + cover): 3 Item Profit: 35% I suspect production cost per item is more than $2, so the actual profit will be less. Anyway, still at 35% it is pretty good, right? What if Telltale can use that money in something more profitable or maybe LA is more greedy? I'd love a soundtrack, but I won't bet on it. For all we know, Telltale only got the rights to make ToMI (5 episodes + DVD Version) and nothing more AND LA already has another company ready to make a new MI.

01/08/2010, 04:13 pm	#12
Juicius Maximus Drooler Extraordinaire Join Date: Jun 2009 Posts: 348	I actually tried researching this on the US patent office website. Turns out accurately searching for patents is hard....and really boring

01/09/2010, 04:12 am	#13
Shemp Junior Member Join Date: Nov 2006 Posts: 27	But why the cliffhanger at the end of episode 5 if they can't make season 2?