FAQ

Frequently Asked Questions

I heard that music publishing problems caused song deletions on previous ’68 and Aloha releases? What was that all about?

Contracts we have with the various owners/publishers of the songs in the TV specials expire over time and come up for renewal. The long-standing arrangement with all of the publishers is that each is paid equally for the number of seconds their songs are heard - a "favored nations" agreement it's called in the biz. Upon expiration time, most renewals are routine, but sometimes one publisher or another will insist on a big increase in what they're paid. Our agreeing to do so with one publisher would automatically give all the other songs' publishers a raise because of the favored nations agreement. This would cripple the budget for distributing the particular video/DVD involved and drive up the retail price to compensate, particularly if the publisher in question were demanding an exorbitant figure. It would also set the bar higher for publisher payment expectations for new projects with this material. A publisher can choose to be disagreeable for other reasons, too.

Sadly, we were at a total impasse with a few publishers when Lightyear, our contracted distributor at the time, was ready to put out a new run of ‘68 and Aloha videos (new packaging, enhanced sound) in 1999 and also put them out on DVD for the first time. For the most part, we would have preferred to halt distribution of the videos and delay the introduction of the programs on DVD until the publishing problems could be resolved, but Lightyear's contract with us gave them the right to have video and DVD in the marketplace and we had to honor that contract. Also, there was a continuous demand for the material from the public to be met. We did the best we could. We had the song deletions noted on the new packaging, we put information in the main FAQ on Elvis.com and made other efforts to communicate with the fans. We were completely up front about it and suggested that any fans who wanted to have the '68 and Aloha material on DVD might want to wait until the new comprehensive special editions came out. What company EVER is that candid with its core constituency and its general public?

The music publishing obstacles for video and DVD (also for television) do not affect BMG/RCA's soundtrack releases. Clearances for record releases are standardized and not subject to the treacherous waters of negotiation there can be for video/DVD/TV releases. These problems also do not exist for performances that originated outside the USA. In most other countries, publishing clearances for TV, video and DVD are standardized like they are for CD releases. But, these performances originated in America and, thus, the way the laws are here, the music publishers can demand anything they want or they can simply say "no" for no good reason. That stinks, but that's the way it is.

The massive amount of music on the comprehensive ’68 and Aloha DVD sets was quite a challenge to get cleared, but, miraculously, it all worked out.

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