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COMMERCIALS & COPYRIGHTS

QUESTION FOR DAN O’DAY:

I heard once that if a client provides you with a music bed (cut to the length of the commercial, already edited and looped with the fade-ins and outs, etc., already done) that the station can not be held responsible for using the bed. The station can safely assume the client has the rights.

Your audio seminar, Radio Advertising: A Crash Course for Salespeople, would seem to indicate that if we air any spot with copyrighted music, we can be held responsible.

Please clear this up for me....

DAN REPLIES:

> I heard once that if a client provides you with a music bed...that the station can not be held responsible for using the bed.<

I'm afraid that's incorrect. Under this scenario, the client could simply provide you with a tape featuring, say, "Yesterday," and you would go ahead and air it because you assumed it was okay.

Even if your station wasn't involved in the production at all but simply aired the spot as provided to you, the station STILL would liable for any copyright infringements.

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