AGENDA REPORT
Meeting Date: October 10, 2024
Item Number:
To: Honorable Mayor & City Council
From: Magdalena Davis Jones, Community Outreach Manager Subject: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH UNIVERSAL MUSIC GROUP, SUBJECT TO
APPROVAL BY THE CITY ATTORNEY, FOR THE USE OF THE
BEVERLY HILLS SHIELD
Attachments: 1. Sample Usage of Beverly Hills Shield Pin
RECOMMENDATION
Staff recommends the City Council approve the use of the Beverly Hills Shield by Universal Music Group, and authorize the City Manager, subject to approval by the City Attorney, enter into an agreement for the use of the Beverly Hills Shield for the marketing, promotion, and advertising of an upcoming music album release.
INTRODUCTION
This item seeks City Council approval to approve the use of the Beverly Hills Shield by Universal Music Group, a leading music company that is home to many record labels, brands, and artists. The requested use of the Beverly Hills Shield would be for marketing, promotion, and advertising of an upcoming album release for a worldrenowned musician. Due to the confidential and expedited nature of how this request was made, the item did not come before the Branding and Licensing Liaison Committee for prior review. With authorization from City Council, the City Manager, subject to approval by the City Attorney, the City will enter into an agreement.
DISCUSSION
Staff receives inquiries from individuals and businesses looking to use the Beverly Hills Shield or its likeness on promotions, products, and merchandise. As requests are received, they are typically reviewed by the Beverly Hills Branding and Licensing Liaison Committee. On some occasions, items have gone directly before City Council. This requested use of the Beverly Hills Shield is from Universal Music Group on behalf of a world-renowned musician, and as such was requested to remain confidential and expedited to make the imminent album release timeframe possible.
BEVERLW
HILLS
i
Meeting Date: October 10, 2024
For nearly 100 years, Universal Music Group has operated a broad array of record labels, brands and artists, including Universal Music Enterprises, Def Jam Recordings, Capitol Music Group, Decca, Abbey Road Studios, Island, Republic Records, and Virgin Music Group.
Their artist selected the photo and has requested use of the Beverly Hills Shield, in the form of wearing a pin, on the album cover. Attachment 1 includes a sample of how the pin looks as worn. Staff and the City’s contracted trademark attorneys, CMG Worldwide, Inc. have reviewed the current proposed cover art, and will also review the final design before an agreement is executed.
The shield in its proposed use is on a Beverly Hills pin that is commonly given out to the public, businesses, and visitors to Beverly Hills. The album has the pin being worn on the cover, in a black and white photograph. There is no manipulation or changes to the shield.
Requested uses for the album cover art are broad. Universal Music Group requests to use the cover art, and nothing beyond the cover art, to be used in all territories, mediums and in perpetuity in the promotion and advertising of the album. This will include print, online, internet uses, in addition to physical hard album packaging (vinyl and CD) and as cover art on streaming services (Spotify, Apple Music, etc.). In addition, it would include editorial uses (e.g. TV programs pulling up image during promotion of the album). While there are no current plans for merchandising, there may be uses of the cover art on different categories of merchandising in future, such as promotional posters of the album.
CMG Worldwide, Inc. would work with staff and Universal Music Group to meet all typical terms of an agreement for use of the Shield, including licensing fee, compensation, length of agreement, and uses. Universal Music Group has offered a one-time, non-refundable licensing fee of an amount to be determined. No royalties or per-unit fees are proposed.
With authorization from City Council, the City Manager, subject to approval by the City Attorney, the City will enter into an agreement with Universal Music Group based on the proposed terms above.
FISCAL IMPACT
The fiscal impact of the approval of the use of the Beverly Hills Shield by Universal Music Group includes a one-time licensing fee of an amount to be determined.
Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
Attachment 1: Sample Beverly Hills Shield Pin
The following image is a sample only of how the Beverly Hills Shield pin appears, without manipulation, in a photo of a person wearing it.
An identical Shield pin is proposed to be used as small part of album cover art, and would be covered under an agreement with Universal Music Group.