Originally Posted by hmm
Huh? Ad agencies handle that stuff on a regular basis. It's merely a matter of licensing the clips for a specific range of usage. You are not buying out the rights to a given clip. The fee is always dependent on how they will be used. Anyway do not assume that it wasn't done simply because it's a lot of work. This stuff happens all the time, even if it is not typically on that scale.
Originally Posted by akqies
I haven't assumed any such thing but it sounds like you assumed I did just as you assumed that he and Apple obtained all the proper licenses. Do you really know? I certain don't, hence the pondering.
Oh, it's easy to know because if companies don't get permission, there are lawsuits and we always seems to know when Apple gets sued. I manage the development of rights management software for a living. Every media, publishing, advertising and content development company, whether a licensee or licensor or both, have departments dedicated to this, whether they manage it using a spreadsheet or use enterprise software like the stuff that I work on. Everything has a right associated to it. And it all must be cleared.
Sometimes companies do make mistakes in that they imply they have rights when they don't, but that usually is restricted to the cases where they've bought some rights, but use the content for a right they don't really have. For example, let's say you bought the right to use some content on broadcast television. Does that include cable TV? Does it include VOD? Does it include web distribution if it's streaming in real time just like the broadcast? If you bought DVD rights, does that automatically include Blu-ray rights if you bought the DVD rights before Blu-ray existed? Let's say you buy the right to some footage that has music in it. Did the composer or performer sign away their rights in the media that you're now using it in?
If you have a program or clip with music, the music (which is considered an elemental right) must be cleared separately from the program itself. And if the music is from a recording, you have to clear both the publishing right (where the fees go to the publisher and/or the writers) and the performance right (where the fees go to the label).
When you watch a movie and there's a scene in someone's "apartment" and there's some poster on the wall in the background, if it's recognizable, even that has to be cleared (although I personally think that such passive uses should be fair use).
Etc. But it does get complicated and one can think that a clip is in the public domain and use it and have someone sue them anyway who claims to own the rights, but may not really.
When I read all these posts about, "did they get the rights?", it makes me laugh. If it's something that's been seen on major media from a major company, believe me, they got the rights. If they didn't, they would have had a "cease and desist" order or a lawsuit very quickly after first broadcast. The only exception would be where the rights holder can't be found and the lawyer says they can take a risk and if someone sues, they'll find a way to settle.
That's also why when some TV shows ("WKRP In Cincinnati" and "Crime Story" come to mind) go to home video, they lose their original music - the original music was licensed only for broadcast and it's now too expensive to license those hit songs for home video use.