[BC] Music In Commercials

[Mike McCarthy]

Permission to use in a commercial and anything outside of the typical formatics of playing songs and in non-revenue producing elements (bumpers, liners, etc.) is by both composer ***and*** artist rights holders. Not either. Both. The performance use in a commercial is very much outside the play exemption granted to broadcast for mere airing of performances as a formatic element. (Note, this exemption under threat.)

So in a word...no.Copyrighted performances can't be used for commercials without permission and a specific license. I would certainly advise my production people to look at other music or insist the client obtain the proper license.

And copyrighted music and lyrics are a question best answered by the station's counsel. It boils down to the license agreement with the various agencies and I'm not sure the standard broadcast boiler plate composer's license allows commercial production use.

As an aside, Newt's campaign is about to find out just how costly it is to play snippets given the composer and performer of "Eye of The Tiger" is suing his campaign for unauthorized use.  Same as John Mellancamp suing over use of his music and performances by Mit's campaign without permission earlier.

MM