Film-Tech Forum ARCHIVE: Theatre chain using THX trailer sound bite in radio ads

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Posted by Paul Konen (Member # 41) on 11-14-2002, 09:30 AM:

AMC is opening a new 18-plex in Arlington Texas.

They have radio spots using their initials as the start for adjectives.
Awesome, Magnificent, Collossal and so on.

What got me today was hearing another radio spot that touted the usual AMC amenities with the THX Broadway sound trailer in the background.

My question is: Do you think people will go expecting THX sound because of this sound bite? Are they falsely advertising the type of Digital Sound the complex has?

Thanks
Paul.

Posted by John Pytlak (Member # 331) on 11-14-2002, 09:50 AM:

The trailer (including the sound) is likely copyrighted, and would need to be cleared with the copyright owner to use in any advertising.

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Posted by Jesse Skeen (Member # 586) on 11-14-2002, 01:39 PM:

I thought AMC stood for All Movies Compromised?

Posted by Brad Miller (Member # 2) on 11-14-2002, 01:53 PM:

I am almost certain that the Broadway sound is copyrighted. Whoever approved that spot at AMC should be ashamed of themself.

Posted by Scott Norwood (Member # 30) on 11-14-2002, 01:57 PM:

Will this theatre actually have a THX-certified auditorium? If so, I could imagine that Lucasfilm might allow the use of the Broadway sound for promotional purposes.

Otherwise, we can probably expect a lawsuit....

Posted by Bobby Henderson (Member # 840) on 11-14-2002, 05:44 PM:

Lucasfilm THX would have grounds for a copyright infringement suit against AMC for its use of the easily recognizable "Broadway" theme.

Perhaps the thing AMC's advertisers may not realize is such music is automatically copyrighted at the moment of its creation. Given the fact AMC has next to nothing in terms of THX certified theaters (with the new Arlington build probably having no THX screens) AMC has no business using the theme music.

I worked for a TV station in Georgia who lost a copyright infringement suit. They (like very many TV stations across the nation) used some popular music in a locally produced TV commercial. Turns out a lawyer who worked for ASCAP or BMI (I forget which) saw the commercial and decided to press the issue. The TV station got slam-dunked in court with a very expensive judgment. So many people violate copyrights with unapproved use of protected material, but every once in awhile someone gets tagged.

I'm pretty shocked AMC would use the THX Broadway theme instead of trying to find some piece of stock music giving off the same sort of feeling.

Posted by Gordon McLeod (Member # 33) on 11-14-2002, 05:49 PM:

I beleive that the broadway theme is on a CD called Digital Domain and sounds the same except for the last base note

Posted by David Favel (Member # 1125) on 11-14-2002, 07:16 PM:

Or is there a law that states that a music clip must be 20 seconds long?

Posted by Bobby Henderson (Member # 840) on 11-14-2002, 07:46 PM:

Perhaps you are referring to the court rulings involving rap groups and their samplings of other albums, such as Van Halen suing Tone Loc over sampling guitar riffs from "Jamie's Crying" for the hit "Wild Thing." Tone Loc's other hit, "Funky Cold Medina" sampled guitar snippets from Foreigner's "Hot Blooded."

Some music groups were able to get around such law suits for the sampled snippets used being very bried --as well as arguing First Amendment editorial expression rights.

When it comes to selling something in a commercial, such as what AMC is doing in their ads, everything must be cleared. Just a simple flash of a copyrighted photo or piece or art, filming or taping someone in the spot you don't secure with a written release and especially using any copyrighted music no matter how brief can land you in court.

Most copyright violations go unpunished. But if someone makes an example out of you, the time you spend in court may be very rudely brief with you forking over your wallet at the end.

Some companies, like Disney and Time Warner, are extremely litigious and just ache to sue the snot out of anyone they can catch trying to profit from their trademarked cartoon characters and other properties. Other parties don't care quite so much.

The United States government only cares about copyright and trademark infringement when it concerns American's stealing the intellectual property of other Americans. But when the theft crosses borders the State Department and Congress turn a blind eye to it. Just look at the bullshit going on with China. This nation conducts what amounts to state-sponsored mass-piracy. Everything from Levis jeans to DVD. Add to that the deplorable human rights record held by the Chinese government. Yet China continues to get award "most favored nation" trading status. At further investigation, that status is usually awarded because some greedy American businessmen too cheap-ass to keep jobs in the states like to use inexpensive Chinese labor to get their wares built. That trading status apparently keeps their money making wheels well greased.

Posted by William T. Parr (Member # 677) on 11-15-2002, 08:07 AM:

Hey Paul,

It will be interesting to see if what I have heard about AMC's new theatres is true. They were forced to put in THX in all auditoriums at the Disney Treasure Island 12 in Anahiem. It has been rumored that the theatre in Arlington is supposed to be an All THX venue as well. Also gone are the Toradial Screens and Surround Speakers in the cieling. Will have to wait and see.

Posted by Jason Burroughs (Member # 68) on 11-15-2002, 09:29 AM:

The AMC Pleasure Island does indeed have at least one THX auditorium. However this is because the theater is OWNED by Disney but OPERATED by AMC.

Posted by Thomas Hauerslev (Member # 566) on 11-15-2002, 09:33 AM:

A new THX approved radio broadcast

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Cheers, Thomas
www.in70mm.com

Posted by Manny Knowles (Member # 1171) on 11-15-2002, 03:24 PM:

quote:
Or is there a law that states that a music clip must be 20 seconds long?

There is such a thing as a SoundMark, such as the three tones used for NBC, the THX theme and the short sequence of (four?) notes used by Dolby. Another short, yet easily-recognized piece of music is the Twentieth Century-Fox Fanfare.

At the heart of the matter lies in the intended use of the "music." If the piece in question is a song, then it's probably okay to go ahead and sample it for use in another song. I don't think there is a law per se, but I remember there being some kind of general agreement after rap started blurring the collective understanding of "fair use" back in the 1980s. I think it came down to a 15 second limit on sampling.

Commercials, on the other hand, are not regarded as works of art and aren't permitted to go snatching and grabbing without getting proper clearances from copyright holders.

Advertisers need to be even more careful about swiping a SoundMark because they are, by their very nature, short themes that are designed to be closely identified with a particular commercial establishment. Hence, the THX theme (and others) may be totally exempted from the whole concept of "fair use." That is to say, nobody but the company with whom a SoundMark is associated can use it.

In the case of AMC's use of the THX theme, it becomes even more eggregious because of the association of the theme with a certain type of movie theatre. If the advertised AMC location does not offer what is suggested by their use of the THX theme then they are, in my opinion, opening themselves to a copyright infringement lawsuit and a false advertising one as well.

A version of patent or trademark registration is required in order for a sound to be recognized and protected as a SoundMark.

Click here to learn more about SoundMarks.

Posted by John Pytlak (Member # 331) on 11-16-2002, 09:10 PM:

A good example of a SoundMark is Intel's brief theme for "Intel Inside".

Posted by Charles Everett (Member # 889) on 11-17-2002, 03:51 PM:

THX shouldn't mind that AMC is giving it props. When AMC acquired General Cinema this year AMC took over the THX-certified halls in the GCC theaters. Usually they're the largest hall for each location -- #1 at Essex Green, #2 at Bridgewater Commons.

The Guest Services desk at Essex Green keeps the THX brochures available in the brochure racks.

Posted by Scott Norwood (Member # 30) on 11-18-2002, 09:00 AM:

But wouldn't it be misleading to use the "THX sound" to advertise a theatre that hasn't received THX certification, even if other theatres in the same circuit are certified?

I don't know if the Arlington AMC will have any THX houses or not...if they do, then there probably isn't an issue. Presumably, THX certification entitles one to the use of the THX logo and other advertising materials and it is entirely conceivable that this includes the use of the "THX sound" in radio commercials for THX-certified theatres.

Posted by Manny Knowles (Member # 1171) on 11-18-2002, 09:10 PM:

But I would imagine that they'd have to actually state that the location will have one or more THX-certified houses.