[BC] Music In Commercials

[Larry Fuss]

>What exactly are the rules behind the use of music/songs in commercials?

Familiar music sells. Unfortunately, you can't use it if you haven't paid
for it. Advertisers sometimes ask to use a popular song as the music bed for
their commercial. Some stations may do so. Maybe they aren't familiar with
copyright laws. The fact is, using licensed music in a commercial is illegal
unless you've paid for the rights.

Radio stations pay major licensing fees for the right to use copyrighted
music, but this license is for the sole purpose of entertaining. The license
does not allow stations to use the music for commercial purposes. 

Songwriters and composers are protected under U.S. Copyright Law,
recognizing their "performing rights" and protecting the integrity of their
work and their right to be compensated. Changing the lyrics or altering the
music for a commercial jingle or station promotional spot is also illegal.
How do you know if a song is copyrighted? There's a BMI catalogue available,
but save yourself the time. If you know the song, it's copyrighted.

The three major licenses are BMI, ASCAP and SESAC.  They have caught and
fined advertisers right here in our area.  BMI, ASCAP and SESAC are looking
for violators because that's another way they make money.  The many national
advertisers you hear using popular music have paid their licensing fees and
your business can do that too.  However, our stations will not break
copyright laws. It's not ethical and it's simply not right. Stations that do
are likely to get caught. After all, radio stations reach millions of people
each week.

In summary, the licenses radio stations have are strictly for the broadcast
of music for entertainment. Violations include re-broadcasting the station
in a public place, using copyrighted music for commercial use and altering
music for commercial use.  Any violation could result in a fine for the
advertiser AND the station.

If you have any questions, here are some valuable contacts:

ASCAP - http://www.ascap.com/licensing/radio/radiofaq.html

"The Ultimate, Non-Lawyer's Guide to Copyright Infringement in Radio
Commercials" by Dan O'Day  http://www.danoday.com/ebook.cgi

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Larry Fuss
President, CEO, CFO, COO, Janitor
South Seas Broadcasting, Inc.
Delta Radio Network, LLC