Copyrighted/Licensed Music in Commercials...

[jimron]

in the "it's a small world" and "you never know who's listening" files (no names to protect the parties)...

a station in my group once used a song from an independent, no name artist in a PSA. guess they figured who would know right? turns out the artist heard the ad, and sued for i think $50k, if i remember correctly... and he won!

another one, not related to copyrighted music but related to who could be listening... our midday jock was doing a "today in entertainment history" feature when she read that on this day in whatever year roberta flack was in a car accident. not 5 minutes later one of roberta flack's "people" called to studio wanting to know why we're announcing roberta flack was in a car accident. the jock had to explain the history feature she was reading.

morale of the stories... you never know who is listening. so tread lightly.

 

[BenTehelenbach]

Going slightly off-topic...have any of you ever been forced by higher-ups to put an ad with a blatant non-state lottery (prize, chance, consideration, and no "no-purchase-necessary") on the air?

 

[Hart]

Wow. Ben, that brings back a few memories involving long arguments in the GM's office. Several different GM's actually.

 

[BenTehelenbach]

In one particular case, a few decades ago, it was with our stations' biggest advertiser. I was told by the GM that we run what they want (you MUST purchase a manufactured home to be eligible for their prize drawing) or they cancel. If they cancel, your paycheck will probably bounce. Immediately after that meeting, I accelerated my thirty-day plan to get the hell out of that gig.

 

[Gregg Rivers]

In one particular case, a few decades ago, it was with our stations' biggest advertiser. I was told by the GM that we run what they want (you MUST purchase a manufactured home to be eligible for their prize drawing) or they cancel. If they cancel, your paycheck will probably bounce. Immediately after that meeting, I accelerated my thirty-day plan to get the hell out of that gig.

LOL And THAT my friend would have been EXACTLY what I would have done too! Only I'd pray it would be less than 30 days for the new gig to pop up! I always keep my resume fresh and practice for my next job... "Welcome to Wal-Mart! Can I get you a shopping cart?" Beats the heck out of jail time, law suites and all that goes with the other stuff!

 

[BenTehelenbach]

We didn't get caught. If we had, I imagine a ten thousand dollar fine would have also caused some challenges in meeting payroll.

 

[DeadAudicy]

Oh my, if your job is terminated because you refuse to do something illegal, you have an actionable offense to pursue, and a big severance coming, backed up by the courts of any state in this land of Rs.

 

[BenTehelenbach]

I wasn't terminated. I quickly found a non-industry job for my own financial security before submitting my resignation.

 

[DeadAudicy]

BneTeh...good move, tho I was addressing the dicussion in general re: being coerced into using copyrighted material in spots (or in your case wording a giveaway illegally) by management...

 

[on_the_radio_702]

heres one that hasint been covered. what about using instrumentals in club spots? no lyrics, just the instrumentals. policy always seems to change from station to station. i talk to other producers, and some use them, some wont. whats the real deal?

 

[VODood]

heres one that hasint been covered. what about using instrumentals in club spots? no lyrics, just the instrumentals. policy always seems to change from station to station. i talk to other producers, and some use them, some wont. whats the real deal?

It's still copyrighted material.

 

[DeadAudicy]

Right VODood, and copyright law trumps station policy, client preferences, and production habits.

Although it probably isn't in a lot of production director job descriptions, it falls on the prod to research and ultimately procure license to a production library. That involves presenting (and selling) different affordable scenarios to management, including barter deals and ultra cheap discontinued discs. It's as much a part of the job as getting Tom Shane into AV. You can no more function without a bed library than a dj can yap without a mic...or if you're at 102.5 KBBL, a DJ3000 without a button.

 

[JustPastBuffalo]

in the "it's a small world" and "you never know who's listening" files: A station in my group once used a song from an independent, no name artist in a PSA. guess they figured who would know right? turns out the artist heard the ad, and sued for i think $50k, if i remember correctly... and he won!

Years ago, Mannheim Steamroller monitored a number of large and medium markets to determine if stations were using their holiday music CDs on commercials in the weeks leading up to Christmas. 'Steamroller, BTW was licensed by SESAC, not BMI or ASCAP. As it turned out, the lawyers for Chip Davis made a good chunk of change serving stations with C+Ds and Notices of Copyright Violation.

another one, not related to copyrighted music but related to who could be listening... our midday jock was doing a "today in entertainment history" feature when she read that on this day in whatever year roberta flack was in a car accident. not 5 minutes later one of roberta flack's "people" called to studio wanting to know why we're announcing roberta flack was in a car accident. the jock had to explain the history feature she was reading. morale of the stories... you never know who is listening. so tread lightly.

And so many times, they're listening with one ear and half a brain. Not being condescending, it's just that radio isn't a priority as they're driving, working or processing other information. It's like those calls we get after reading the weekend promo liner on Wednesday... "Listen this weekend to win tickets to Billy Joel..." Bam! There go the phones. Positively Pavlovian!

]In one particular case, a few decades ago, it was with our stations' biggest advertiser. I was told by the GM that we run what they want (you MUST purchase a manufactured home to be eligible for their prize drawing) or they cancel. If they cancel, your paycheck will probably bounce. Immediately after that meeting, I accelerated my thirty-day plan to get the hell out of that gig.

I've been close to the crossfire in matter such as this, but never as dire or as extreme as noted above. Whenever I was faced with borderline or blatantly illegal crap, I tried to use the Kissinger approach: "I recommend that you don't do this, it's illegal and could cost us far more than we make. I'm simply trying to protect the station's license and the long term well-being of the station."

Of course, this approach is lost on pinhead GMs or SMs who are penny wise and pound foolish. Therefore, it's wise to document conversations. Sounds nerdy, but a few lines in a spiral notebook each day could save your butt, especially if lawyers get involved and it results in a "he said, she said" event if the situation blows up.

Many year ago in a much smaller market, I used my daily notes on a GM who didn't appreciate my attention to detail, "we talked about this on July 22nd and I recommended we should not do this..." He never tried to end-run me again and he didn't dare fire me, fearing I had taken notes on other goings on that may not have been kosher. I left the station on my own accord when the time was right.

The CYA method works wonders.