Using commercial/copyrighted music in soundbeds for radio-imaging?

[OneGeoVO]

Quick question - I hear some radio imaging work with brief 1 to 3 second sections that contain stuff like Michael Jackson's "Whooo", or David Lee Roth's song "Go ahead and jump...", etc. in and among all the laser zips and swooshes.

Simple question - Is that legal? Normally I would think not, but taking into consideration that the radio station playing the 10 to 30 second slider or promo is already paying ASCAP fees, etc. (i.e. they have already been grated permission to air commercially copyrighted music) makes me think there would be no copyright infringement just based on that fact. Right?

So, as a VO artist, if I am hired to do some imaging work for, let's say a classic rock station, and I lace in stuff from one of my old Jimi Hendrix CDs, no problem, right?

Seems like the answer may be obvious, but I would be interested in an attorney's opinion about this one. Thanks much.

[chucktaylor]

Rob can step in for a legal prospective for you, but as a former radio personality and production director, the answer is music from an artist can be used to promote the station or that artist or the type of music that station plays, but can not be used in commercials, unless that commercial is 1) one that is promoting the artist or his/her music or 2) one that you have obtained the music liscensing right for (usually requires a heafty fee which is why you normally hear songs only on national spots and not local spots).

[OneGeoVO]

Thanks for your perspective. Yes, all I was considering when asking this question was the area of recorded spots that is used to, as you say, "...promote the station or that artist or the type of music that station plays".

[NightTrain]

I once heard a classical music station use a "sound bite" by the late actor Vic Perrin from an episode introduction of "The Outer Limits" as part of a station intro. Would the spoken word by any person, famous or not, living or dead, also pertain to what Chuck said?

[Mike Sommer]

No. Drop in are used all the time. At KROQ we used little nuggets all the time from TV shows, some of our favorites were from Jack Webb.

[Dale]

Joe Friday: "Son, no matter how you slice that, that's dangerous."
From Episode #49 "Public Affairs" aka "The Chuck Bligh Show"

[Mike Sommer]

Well, we were a little edgier then that. Here's one for my private stash:

http://soundcloud.com/mike-sommer/webb-exp

[NightTrain]

Thanks, Mike.