[BC] Music In Commercials

[Rich Wood]

------ At 04:56 PM 2/1/2012, Rob Landry wrote: -------

>You can always do what an advertiser on a certain station north of the
>state line does, which is to a) choose a song that is in the public
>domain, and b) sing it yourself.

If an advertiser isn't willing to get permission to use someone
else's creative work I think public domain is the only option. Note
that when schools produce amateur versions of Broadway shows
permission is required. That would eliminate the option of singing
the song yourself. I'll bet someone is trying to figure a way to sue
for singing in the shower. Small businesses know the vicious wrath of
licensing organizations when they discover the use of music from
radio stations and mix tapes. Any unauthorized use of music in a
commercial environment is like tap dancing through a mine field.

The case in which I was involved was settled after legal fees soared.
We scoured our license contracts and were certain, we thought, it was
legal. The ASCAP contract specifically said it was permitted.
However, we never thought about the commercial value the song. There
are other organizations involved. We've all heard of dead celebrities
making more money while in the great beyond than they did in life.
Someone is charged with monetizing their lives. Jeopardize that and
life turns nasty.

>The business in question is a gun store, and some of the spots are quite
>amusing (pistols as wedding gifts? 'Here comes the bride, gun by her
>side...").

Not a bad idea. It might be a disincentive for the new husband to
wander. To be fair there should be matching pistols.

Rich