The Myths of “Fair Use” with Copyrighted Music in Commercials.

 How many times have we had to inform a client they can’t use their favorite Taylor Swift song in their commercial? Then, they come back with one of the following replies:

            “I was told that as long as we only use 30 seconds, it’s considered fair use.”

            “The other radio stations do that for me.”

            “We can use the Karaoke version.”

            “You already pay BMI/ASCAP. We should be able to use it.”

My friends, the so-called 30 second fair use rule is no different than the five-second rule when you drop your Krispy Kreme on the floor. 

              It's a complete myth. 

Copy right law is quite complex. But it can be simplified with one immutable rule. Unless you have written permission and/or licensing from the rights holder, you can’t use it –especially Taylor Swift’s music. (She’ll not only sue you. She’ll lump you in with all her ex-boyfriends and write a song about you.) 

That includes the Karaoke version. The Karaoke providers attained licensing for Karaoke use only.

Regarding the other radio stations do it for me, the reply is always “if they're allowing that, please consult a copyright attorney. Station X may be putting you at great risk.”

And finally, you already pay BMI/ASCAP. Radio stations are licensed to use music for their programming. Using copyrighted material for commercial use without licensing is strictly forbidden.

We live in a very litigious society. Rights holders have an army of attorneys ready to act at a moment’s notice. 

                They don’t just stop at a cease-and-desist letter, either. 

                 The fines can bankrupt anyone.

Can licensing be attained? The answer is yes! Bear in mind it’s not feasible unless your client has budgeted a minimum of $8,000 for a three-month flight.

Is there a way around this? The answer is we have something almost identical to that song.

One of the tools SummitMedia now provides its in-house content creators is a state-of-the-art mega production music library. It’s called Alpha Libraries. What sets it apart from the others is that there are seemingly endless songs that are almost identical to those by all your favorite artists. Type Taylor Swift into the search bar. Several production cuts in various lengths appear. And each is spot-on. From Shake it Off to Ex-Boyfriend Song Number 872. (just kidding, Taylor. Please don’t sue me.)  

If you’re not familiar with the artist but know the song, find it on YouTube. Then place that link in Alpha’s search engine. The same results will appear.

Ask your production manager for a brief demonstration. You’ll find yourself amazed.

Alpha also creates jingles for radio station clients for a feasible buy-out fee. That means there’s no additional royalty fees. And the client owns it outright. Some restrictions may apply. See your production manager for details.

            That last sentence is a good segue way.

Next week, let’s explore the wonderful world of sped up, mumbling disclaimers.

            For help with any creative needs from brainstorming to campaign strategy, I’m always here for you.

            Sincerely

            Mike –The Reel Architect.