"But The Client Insisted..."
A Loyal Reader writes:
Dan, could you offer something about battling salespeople who constantly offer spot ideas based on songs on our playlist? And they want to use that song in the background. They’re not buying my copyright infringement argument, so can you offer something I could use as ammunition?
If your salespeople have no objection to breaking the law and your station management requires you to do whatever the salespeople/advertisers want, even if it’s illegal, when you are forced to create a spot like that first hand the salesperson a form you’ve created that says:
“I have instructed (Your Name) to create a radio commercial for (Client Name) using the copyrighted song, (Song Name). I have been informed by (Your Name) that such usage without first obtaining a special license from the copyright holder exposes (Client), (Radio Station), and (Group Owner) to legal action by the copyright holder for copyright infringement, and I hereby agree to indemnify (Your Name) against any financial penalties and/or losses resulting from said infringement.”
You also could download my book about copyright infringement in radio commercials. It includes two pages you can print out and show to your clients.
But that still won’t stop salespeople who will break the law if someone offers them money…
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Oh my GAWD. I used to deal with this on a daily basis. Back when I was the Creative Director for our cluster, I had a six page Policies and Procedures pamphlet that I gave to each new sales hire. then I conducted a 45 minute meeting with the new hires, as a group, and we went over the pamphlet item by item. All new sales hires had to sign off on the policies and procedures before they were allowed to hit the streets. The item I stressed the most was copyright infringement. I told them that using copyright protected songs was the lazy man’s way out, but if they insisted, I had copies of ASCAP and BMI contracts to hand out. I told each new AE, “If your client insists on using ‘Legs’ by ZZ Top, fill these out and have them write out a big fat check to ASCAP and BMI, because they’re going to have to pay either way and I’ll be the guy to drop a dime on them.” That usually nipped this problem in the bud.