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Radio & Copyrights

N

Nellsson

Guest
I've been away from radio for three years and coming back I am surprised to hear the number of stations using hit songs (usually instrumentals) as background music for commercials.

C’mon fellows. This is--whether we like it our not--against the law. It could get you in lots of trouble. A friend in Omaha got fired when the publishing company served notice on the radio station, who immediately withdrew ANY support. I think the phrase was, "You're on your own, Buddy!"

Be alert. This kind of misjudgment could cost you.

Jac
(Not affiliated with the horrible formats.)
 
> I've been away from radio for three years and coming back I
> am surprised to hear the number of stations using hit songs
> (usually instrumentals) as background music for commercials.
>
>
> C’mon fellows. This is--whether we like it our not--against
> the law. It could get you in lots of trouble. A friend in
> Omaha got fired when the publishing company served notice on
> the radio station, who immediately withdrew ANY support. I
> think the phrase was, "You're on your own, Buddy!"
>
> Be alert. This kind of misjudgment could cost you.
>
> Jac
> (Not affiliated with the horrible formats.)
>
I have been fighting salespeople on this issue for years. Some of them don't seem to get it. Unless you have explicit written consent from the copyright holder, you can not use a copyrighted work in a commercial. End of story. I don't care if it's what the client wants. I don't care if we lose the account. The costs involved in a potential lawsuit far outweigh any amount of money any client would spend with us.

Several years ago I was working for a station that aired such a spot. I refused to run the spot during my airshift. Got called into the GM's office and he was ready to fire me, when I pointed out the legal ramifications. He sent me on my way, called the sales rep in question, and we had a new spot with licensed music on the air within the hour. It's astounding to me how bewilderingly clueless some of the broadcast industry managerial- and executive-types are on this issue, especially given the litigious and disputatious society we live in. Sorry for the big words, just filling my weekly quota.

Peace.

<P ID="signature">______________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt.
-- Samuel Langhorne Clemens
</P>
 
> C’mon fellows. This is--whether we like it our not--against
> the law. It could get you in lots of trouble. A friend in
> Omaha got fired when the publishing company served notice on
> the radio station, who immediately withdrew ANY support. I
> think the phrase was, "You're on your own, Buddy!"

Where is it written that it is against the law to do this? Stations pay (or at least should be paying) ASCAP et al royalty fees for the rights to broadcast the music. I’ve seen plenty of TV commercials that use copyright music as well.
 
> Where is it written that it is against the law to do this?
> Stations pay (or at least should be paying) ASCAP et al
> royalty fees for the rights to broadcast the music. I’ve
> seen plenty of TV commercials that use copyright music as
> well.

Radio and Production magazine published a great article on this topic years ago. In fact, they have it as a permanent link on their website.

http://www.rapmag.com/PayThePiper.html
 
What about station promos? Say if station XXXX wants to use short excerpts of songs as a way to give listeners an idea of the songs the station plays?

R

> > Stations pay (or at least should be paying) ASCAP et al
> > royalty fees for the rights to broadcast the music. I’ve
> > seen plenty of TV commercials that use copyright music as
> > well.
>
> Radio and Production magazine published a great article on
> this topic years ago. In fact, they have it as a permanent
> link on their website.
>
> http://www.rapmag.com/PayThePiper.html
>
 
> What about station promos? Say if station XXXX wants to use
> short excerpts of songs as a way to give listeners an idea
> of the songs the station plays?

That is legal, as is use in concert ads for the artist as it promotes the artist, rather than using the artist's music to promote a totally unrelated business.
 
Brian

Thank you for the posting and the web url. This is quality information that will benefit new and upcoming programmers of tomorrow.

You're great.
Vince
TPA
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> > Where is it written that it is against the law to do this?
>
> > Stations pay (or at least should be paying) ASCAP et al
> > royalty fees for the rights to broadcast the music. I’ve
> > seen plenty of TV commercials that use copyright music as
> > well.
>
> Radio and Production magazine published a great article on
> this topic years ago. In fact, they have it as a permanent
> link on their website.
>
> http://www.rapmag.com/PayThePiper.html
>
 
Question to keep copyright attorneys busy for hours

I read the very informative article linked below, which brings me to this question. Is it legal to do a live read over the intro of a song? Say you have a :15 read and a song with say a :25 intro. You read the read (I love saying that!), ID the station, hit the post (I love doing that!) and let the song run. In my mind I feel as if I have stumbled into a grey area on this one. Any thoughts?

http://www.rapmag.com/PayThePiper.html

Peace.

<P ID="signature">______________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt.
-- Samuel Langhorne Clemens
</P>
 
Re: Question to keep copyright attorneys busy for hours

> I read the very informative article linked below, which
> brings me to this question. Is it legal to do a live read
> over the intro of a song? Say you have a :15 read and a
> song with say a :25 intro. You read the read (I love saying
> that!), ID the station, hit the post (I love doing that!)
> and let the song run. In my mind I feel as if I have
> stumbled into a grey area on this one. Any thoughts?
>
> http://www.rapmag.com/PayThePiper.html
>
> Peace.
>
Good question. And it's answered in this link, which was posted later in this thread...
http://www.bmi.com/licensing/commercials.asp

I onced worked with a guy who had worked at a station on Guam. A client there wanted Frank Sinatra's "Come Fly With Me" on a spot. They knew it was illegal, but did it anyway... after all they were in Guam, who would know. As luck would have it, Mr. Sinatra's business manager was on a flight to Asia that stopped in Guam for refueling. He went into the airport coffee shop and guess what spot was playing on a radio in the coffee shop?

They didn't get sued, but they did get a cease and decist letter from Sinatra's attorney.
 
> I've been away from radio for three years and coming back I
> am surprised to hear the number of stations using hit songs
> (usually instrumentals) as background music for commercials.
>
>
> C’mon fellows. This is--whether we like it our not--against
> the law. It could get you in lots of trouble. A friend in
> Omaha got fired when the publishing company served notice on
> the radio station, who immediately withdrew ANY support. I
> think the phrase was, "You're on your own, Buddy!"
>
> Be alert. This kind of misjudgment could cost you.
>
> Jac
> (Not affiliated with the horrible formats.)
>


1994 RAP magazine article on copyright and licensing.

http://www.rapmag.com/PayThePiper.html



We live in a very litigious society. If a radio or tv station is using licensed material for local commercials, they are open to lawsuits. I've taped competitors and gotten them busted and fined for using licensed material for local spots. It's a no-no plain and simple regardless of market size.

<P ID="signature">______________
Everyone is entitled to my opinion.</P>
 
> > C’mon fellows. This is--whether we like it our
> not--against
> > the law. It could get you in lots of trouble. A friend
> in
> > Omaha got fired when the publishing company served notice
> on
> > the radio station, who immediately withdrew ANY support.
> I
> > think the phrase was, "You're on your own, Buddy!"
>
> Where is it written that it is against the law to do this?
> Stations pay (or at least should be paying) ASCAP et al
> royalty fees for the rights to broadcast the music. I’ve
> seen plenty of TV commercials that use copyright music as
> well.
>

I bet those tv clients have acquired rights to use the songs in their spots.

Radio stations do pay BMI and/or ASCAP to air music (as well as use in promos). However, those fees do not cover local clients.

This link spells it all out in black and white.

http://www.rapmag.com/PayThePiper.html

<P ID="signature">______________
Everyone is entitled to my opinion.</P>
 
>
> Where is it written that it is against the law to do this?
> Stations pay (or at least should be paying) ASCAP et al
> royalty fees for the rights to broadcast the music.

ASCAP, BMI, SESAC and ASEMLA contracts specify the allowable usage. They do not allow usage of copyright compositions in commercials without a licence with the composer or their representative.

> I’ve
> seen plenty of TV commercials that use copyright music as
> well.
>

These ads, generally done by advertising agencies, license the use of the music and pay a great deal for the priviledge.
 
Well actually..

It is my understanding that this, according to the technical letter of the law, is illegal also. The artist rarely holds the rights to the songs. And it is usually promotors who place buys for concert spots and they don't have the rights to use the song either. So therefore the copyright holders of the song could indeed sue if they haven't given permission or been paid.

Now would it be really stupid to sue the artist and the promoter for something like this, yes. But as the law is written.....

Of course i could be wrong because if I understood legal mumbo jumbo, i wouldn't be working in radio!


> That is legal, as is use in concert ads for the artist as it
> promotes the artist, rather than using the artist's music to
> promote a totally unrelated business.
>
 
The law firm of FMDawg and Partners?

> Of course i could be wrong because if I understood legal
> mumbo jumbo, i wouldn't be working in radio!

If you don't mind my adding some levity to yours, that reminded me of a line from the BBC sitcom "Yes Minister".

In the episode "The Skeleton in the Cupboard", the Minister's Permanent Secretary, Sir Humphrey Appleby, is discovered to be the party who, thirty years previous, made an error in a land document in Scotland which allowed a developer to take over an abandoned military base free of charge. In defending himself, Sir Humphrey says:

"Obviously I'm not a trained lawyer, or I wouldn't have been in charge of the legal unit."<P ID="signature">______________


</P>
 
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