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
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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
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.
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)
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.
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.
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........)
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