The newest issue of The Dan O’Day Radio Advertising Letter includes updates on companies and organizations that have gotten in trouble for using faked testimonials to sell their products and being forced to pay financial damages for using copyrighted music in commercials without permission.
It also includes my critique of this subscriber’s commercial:
This posting is for subscribers to add their own comments or feedback regarding any or all of the above topics.
Comments on this entry are closed.
In the mid-90s, I was hired as production director at a powerhouse CHR in Pennsylvania. My first day on the job I discovered the previous ProdDir made the station a mint by writing and singing commercial lyrics over lots of existing songs — “Hot Hot Hot”, the “Bonanza” theme, “Holly Jolly Christmas” etc — without permission. Clients loved it and AEs pushed the service. But because of the legal issues, I wouldn’t do it (I was also a broadcast trades columnist and musician myself and hated like hell when I saw my own work stolen and messed with).
The sales manager was furious with my decision, even after being shown what a single instance would cost the station. His response, “We’re protected by the ‘parody’ ruling. Besides, they’ll send a cease-and-desist first before they do anything.”
In the end, I had to tow the company line and give the clients what they wanted. I could have quit out of principle, but the job came with a one-year, 25-mile non-compete. If I quit, I was boned.
The job lasted two years, after which I headed to Washington DC.
A couple years ago, a sales rep asked that me to do a “parody” of Johnny Cash’s “I’ve Been Everywhere” for a small airline.
In her vast expertise, she “knew” that it was completely legal, because we were changing the words to reflect places in Northern Ontario and not the places the Man In Black had visited. Despite the melody, chords and chorus being completely the same as Johnny’s classic.
Luckily we have a GM that’s very by the book. And all you have to say is, “it’s illegal” and he pulls the plug. Unfortunately, it made for a very unhappy client who had already been promised a Johnny Cash song for his commercial.
Though I sympathize with Alan P. There’s been many times when I’ve been told to ‘just get it done.’
As for Dave Cristi’s spot, Dan’s comments aside, great commercial. Unfortunately we’re often obligated to write a brochure for the last half of the spot, in which case I’ll get a big-voiced announcer to add in the awkward details. Just to keep the mechanics away from the guy telling the story. But really, great commercial.
Very nice work, Dave Christi. Dan’s critique makes sense, and this effort is still a breath of fresh air. Got a good laugh out of “looked awful.” Thanks for sharing.
…not to mention how incredibly phony and amateurish the faked testimonials usually sound.
A few years ago I wrote an article in RAP Magazine about a “friend” of mine who had trouble reporting two blatant copyright infringements. As I am now no longer in radio and not beholden to anyone I can reveal that the “friend” was me.
I did everything I could including calling 5 different music labels main offices to find out how to report a copyright violation in two separate commercials that ran. Got addresses to send audio from those commercials and never heard a response.
The commercials continued to run for about a year but then the clients took them off. Not sure if it was due to finally having legal trouble for the music beds or because in both cases the commercials were so stupid that they didn’t get any business for the stores that ran them.
Response from station management at the time? ‘Our corporate lawyer says we cannot be held liable for content of commercials that run on our stations’. I replied music is a separate entity. Management said, shut up and do your job.
My continued response to the music industry after all the work I did without any result? F-U.
@ John: I remember that.
And I remember responding that if indeed their corporate lawyer said that (I have my doubts), then their corporate lawyer needs to familiarize himself with the legal concept of “strict liability,” which applies in U.S. copyright infringement claims.
Yes you did Dan… but as far as corporate and my local GM were concerned, the lawyer is always right. I wasn’t told this by the lawyer personally but I was told that’s what the lawyer said.
Let’s just say I’m glad I’m not there anymore 🙂