In radio advertising, music is crucial. The right track has to be used as it can make or break the ad. There are also laws which dictate what music you can and cant use. Without music, many advertisements would lack ambiance and ultimately leave the listeners feeling emotionally flat. From the background melodies to jingles that stick in you head, music and advertising always go together. Advertisers will usual select music that complements their message and tone of the ad they are making. Music selection does have its complications though as most songs are subject to copyright and may not always be available for commercial use.
Taking this issue even further is the act that a lot of advertisers and some radio stations are not aware of what can and can't be played on their airwaves. Licencing agreements that let radio stations play songs for entertainment purposes only usually will not cover commercial ads. The station will get into trouble if they play unauthorized music in their ads.
The following all have to be taken into account:
- Fair use - Using copyrighted material when it exceeds fair use is illegal. According to is definition, if core components of the material is used then fair use had been exceeded. As a rule, its illegal to use music in radio if you do not have authorization and the tune can be recognized.
- Licensing - It is possible to gain permission to use music that has been copyrighted through a licencing agreement, however two licences will be needed. The first one comes form the party that owns the copyright, and the second being from the party that owns the copyrights for the recording.
- The 7-second rule - Many radio advertisers use something which they call the seven second rule. This means tat you can use any song in a commercial as long as it only plays for 7 seconds or less. From a legal point of view, this is against the law still. There is no legal basis that this runs on and any use of unauthorized inclusion of music from a song which has been copyrighted is a violation of the copyright law.
- Strategies - There are some strategies that are used to avoid the copyright laws which gets rid of the need for expensive licencing. One option is to compose your own music and then have this performed by a hired musician. Another option is to purchase the copyright for the song but have it performed by someone other than the original artist.
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