Recently we discussed what is and isn’t legal vis-a-vis using copyrighted music in radio commercials.
So what happens when you tell a client that no, he can’t put “American Pie” underneath the commercial for Uncle Rudy’s Homemade Apple Pies?
ACCOUNT EXECUTIVE: We can’t do that; that’s illegal.
CLIENT: But one of the other stations in town always does that for us!
ACCOUNT EXECUTIVE: If that’s true, then I’m disappointed to hear that.
I know a few stations are willing to violate federal copyright laws. Some stations engage in “double billing”; that’s illegal, too.
Some stations don’t run all the commercials their clients pay for. Some stations will do anything for money, even if it’s against the law.
But not my station.
If someone at my station did what you’re asking, they’d be fired.
And if my station allowed its account executives to break the law to land a new account, I’d quit.
Do you really want to entrust the financial success of your business to a radio station that will cheat and break the law and rip off the work of others?
If so, that’s your choice to make. But we didn’t achieve the level of success we have for ourselves and for our clients by breaking the law.
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This is so timely. I have a bunch of AE’s out there doing anything to get business, and saying NO is something they have a hard time with. Even when it comes to stealing copyrighted music and sound clips from TV shows and cartoons. Thanks again Dan for all you do!!
Times are tough, but not ever tough enough to break the law like that…guide the client gently, but firmly to another selection.
I just wish one of the “other stations” would, just once, get caught. Until then, they’re gonna keep on using copyrighted material in their spots, which makes it even more difficult for us to say “no”. I’ve stuck to my guns for a long time, but it gets more and more frustrating when no action is ever taken to discipline those stations that are breaking the law.
Ryan is right! Everything listed above is what SHOULD be said, but honestly, how many folks are gonna threaten to quit their job if the boss says “You know as well as I do that we aren’t gonna get caught for that so use the song and quit making trouble!” I know I’m not!
(Unless Dan O’Day is gonna pay my bills for me!) Seriously, some stations need to get that “cease and desist” letter at least and put the fear of God into some GM’s out there and hard working people like us might be listened to next time we say “Let’s do what’s right and follow the law!”
I am in a TINY market and my competition was caught using copy-written material in a spot. It cost them $10,000. No market size is ‘safe’
Dan,
I work in a small/medium market in Canada. My station runs in between 20-24 minutes of commercial time per hour. I alone have a client list of 230. The other two writers, I work with, have about the same. Each single writer at my station has a bigger client list than each of the 4 competing stations.
On top of all that, one of my co-workers used my work as their own and started applying to other radio stations. She blew the interviews but was rewarded with a pay raise and a new position. I was told to “forgive & forget”. This co-worker broke the law and was rewarded.
Last year, in my first full year of writing, I won my first National Creative Award and even with that, it’s still hard to get a new gig. I’d really like to quit but I can’t. I mean I can…but I’d have a hard time finding a new gig.
Cheers