A Loyal Reader Writes:
“We have been having an ongoing discussion regarding the same issue you’ve been covering regarding the use of copyrighted material in commercials for local advertisers.
“Today I got a new wrinkle from one of the PDs in our cluster:
‘We can’t get sued. Only the person and or people who produced the spot using the copyrighted material can get sued. I looked it up with the FCC. I can show you the ruling if you want to see it…’ ”
That’s classic.
1. By all means, ask him to show you the ruling; after all, he did offer to do so.
2. The F.C.C. has absolutely nothing to do with enforcement of copyright laws.
3. Ask your cluster’s attorney to explain the legal doctrine of “strict liability” to that PD.
4. Remind the PD that he still hasn’t shown you the ruling.
5. Remind him again.
Comments on this entry are closed.
Only the person who produced the spot is liable?! That means the underpaid over-worked jock who stays late to mix and match the ad for the client who “wants is just right” gets a bill. Happy Birthday!
What a great book! Oh, I also wanted to tell you that I learned what a sharp guy and a great speaker you are. I’m referring to the Hayzlett phone call. You are a great “handler” too
I have been referring to Dan’s e-book for YEARS to explain what we can and cannot do, and why. I even used it as the basis to help a client properly (yes, I said properly) license a copyrighted song for use in a commercial. There were several hoops to jump through, but it can be done if the advertiser is willing to pay the licensing fees.
Sorry, that “Anonymous” is me.
How can I join as freelance voice over arist / radio jocky in Hindi / english language ??
thanx
regards