Using songs as background music for commercials?

I think it depends where the commercial will be played.

If it's a Part 15 station, sleep in peace.

But for a larger coverage area, I believe you need special approval from somebody because the artist needs to know what sponsers his name is being linked with and it is a different category than paying royalties to play songs on air.

Again, calling upon my 40 years in commercial radio and as a music publisher and small record label owner.

No, paying the rights to broadcast songs does NOT also grant the right to use them in commercials.  Even in  public service announcements, etc.  To legally use a song in a commercial, public service announcement, or ANY type of advertising (and yes a PSA is an ad in the eyes of the copyright holders) you must have clearance by both the performers, the writers, and the publisher (who in some cases can all be the same person or group).  There are agents that handle the sale of rights to use songs in ads. Sometimes it's cheap ($500) sometimes it's not ($50,000).  This is a very highly protected area of song use (even more so than broadcast rights).

Not a month goes by that we don't have a client who has the "perfect song" chosen for his ad, only to be told that unless he wants to buy the rights to use it for that, he's out of luck. I bet over my career I can give you a list of 20 motorcycle shops who wanted to use "Born to be Wild" and travel agencies who wanted to use "Kokomo".  You can save sometimes if you have a differrent group perform the song (that's why you'll see commercials with a popular song behind them on TV, but it's not the original group singing it -- they bought the rights from the writers/publishers but not the performers and it probably worked out cheaper to hire a group than pay, say, for the rights to the Beatles singing a song). 

On a Part 15 you might get away with it as so few hear you, but if you're streaming there are people specifically looking for you to be sure you're paying for the music you're streaming and any improper use of copyrighted materials.

The curse of trying to be heard is that all those you'd rather not hear you, will.

It is often possible to find background music very similar to the song you want to use that will make a client happy. 

Messing with copyrighted stuff in ads is very touchy and a big deal to copyright holders as they feel it implies to some extent the performers or writers endorsing the product.  Usually before granting rights they will want to know the product, how the music will be used, and be sure they don't feel it will have a negative impact on them.

I've worked closely (much too closely) with a lot of copyright people and actually have a copyright lawyer on retainer for questions.

What you can get away with and what's legal may be two different things, but it won't matter if you get caught!

Tim in Bovey

Iron Range Country

TV show themes can be an entirely different thing. However, equally copyrighted and permission required, but they are often owned by either the production company that made the show, or the network that ordered the show. 

Oddly, about 30 years or so ago, the ABC Radio Network sent affiliates a satellite feed of hundreds of TV show theme songs in a closed circuit feed that were specifically sent to be used in production, on the air, in commercials and promos, etc with full rights to do so as long as the station was an ABC affiliate.  We were, and that station continues to be (as is the one I work for now).  And it was a long feed of themes from the 50's, 60's and 70's.  Obviously, somehow, ABC must have had the rights to those themes and sent them to their affiliates as a perk.  I still have the feeds on reel to reel tapes and feel I could use them at the ABC station I work for as they granted permission in writing. 

Also, note that many TV themes and such are NOT cleared by BMI, ASCAP, SESAC, or Soundscan, and may not be represented by the RIAA either. Although some most certainly will be.  You can be sure that show producers determine the cost of having a new theme done, or using an old song for the show theme. Sometimes the rights are cheaper than to create a new song, sometimes not. 

It's all a bit of a stickey wicket as the British say.

Tim in Bovey

Iron Range Country

Groo, hit up some of the "free music" websites, using the search term bass harmonica or Sanford.  You will likely find a soundalike to use that will bring you less headache.

There are indeed a lot of websites that offer free music for podcasts, commercials etc. Some have varying restrictions, but it's pretty easy to find some great freebies. Start with something like "free production music" and you'll find some. Work from there. 

Also there were tons of production music libraries sold to radio stations over the years.  I have a collection toat goes back to the late 1950's. Some had licenses, some didn't, most so old and obscure that no one would ever know the difference. You can also purchase inexpensive libraries that you can find with an online search, and ebay often has old production music sets listed as well. 

Tim in Bovey

Iron Range Country

Ok Groo - the deal is, if you pay for the rights to use the song, you are granted the rights only to play the song in its entirety.  Its one of those artist aggreement things.  You are also allowed to use very short clips of any public performance as granted by the fair use act.

HOWEVER; you can't "legally" use is for the commercial.

Thats the evil.

I would take the first 25 seconds (think that is where the first bridge happens), and loop it. play the first bit loud, drop the volume, loop it. talk over the lowered sound.  I think you will be fine.  You should check the fair use act with regard to sampling if you are concerned.  If it says something about sustained, concurrent, or any of these words, then you can cut out 1/32 of a second from the audio ever N seconds, and now it is merely a collection of short samples.