[BC] Plagarism? Or Copyright?

[DANA PUOPOLO]

It's the Harry Fox Agency.

-D


------ Original Message ------
Received: Mon, 02 May 2005 09:26:33 AM PDT
From: Rich Wood <richwood at pobox.com>
To: Broadcast Radio Mailing List <broadcast at radiolists.net>
Subject: Re: [BC] Plagarism? Or Copyright?

------ At 08:45 PM 4/29/2005, Ron Castro wrote: -------

>I believe you can buy a special license to use a specific song in a spot. 
>You can't make a deal direct with the copyright owner, since they assign 
>their performance rights to BMI or ASCAP who want their cut in such a 
>deal. There's an LA agency that handles that kind of transaction, although 
>I can't remember their name right now.

Be extremely careful when using commercial music in spots, themes, promos - 
anything other than in music rotations. Even though your ASCAP, BMI or 
SESAC license says you can do something there are other people involved. 
The publisher, the license holder, etc. This is especially true with music 
that's been sold to other advertisers. The license holder can make the case 
that your use of the song or its hook will diminish its value to future 
licensees.

I've been through it. Even opulent Park Avenue law offices don't make 
depositions any more fun. Be extremely careful. Use an attorney and cover 
all bases. If they see you as having deep pockets they'll want all sorts of 
financial records, program logs, etc.

Rich

Rich Wood
Rich Wood Multimedia
Phone: 413-303-9084
FAX: 413-480-0010



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