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1. Music
When choosing music for a radio commercial you most consider the copyright laws in place.
Copyright infringement is ‘the use of works protected by copyright law without permission,
infringing certain exclusive rights granted to the copyright holder, such as the right to
reproduce, distribute, display or perform the protected work, or to make derivative works.’
Permission must be given to use the music legally. The creative producer will choose music
based on what kind of style/ mood they are trying to achieve and what track will keep the
audience engaged.
There are certain legal confusions when it comes to copyright because a radio station may
have a licence that gives them permissions to play music for entertainment purposes
however it isn’t clear if it covers advertisements. The risk isn’t taken by the radio station
though it lays on the production team if legal action is taken against the advert because of
wrong permissions the team take the responsibility. So when deciding upon music the team
will have to be careful when choosing music because it effects them directly if there’s any
legal issues.
Fair Use: It is illegal to use copyrighted music when it exceeds fair use. If any core
components of the material are used then 'fair use' has been exceeded. It is illegal to use
any music that can be recognized and you don't have permis sion to do so.
Fair use: In copyright law, there is a concept of fair use. Under fair use rules, it may be
possible to use quotations or excerpts, where the work has been made available to the
public, (published). Provided that: The use is deemed acceptable under the terms of fair
dealing, That the quoted material is justified, and no more than is necessary is included,
That the source of the quoted material is mentioned, along with the name of the author.
However if any core components of the media product are used or if any clips are used that
are recognizable then fair use has been exceeded.
Licensing: If the creative producer wants a specific track used on the commercial he will
have to pursue two different licences so that the use of the track is legal. One from the
owner of the copyright recording and the other from the people who actually own the music
(e.g. the artist or the artist’s management)
The 7 second rule: Some production teams will use a strategy called ‘the 7 second rule’
they will only use a clip of 7 seconds max of the track so to put off a legal team from
pursuing them for such a short clip. But it still from a legal perspective gives them no
protection at all and they are still breaching copyright laws without licencing permissions.
Strategies: Although you can't skirt copyright law altogether, there are some strategies you
can use to minimize the need for expensive licensing. One option is to compose your own
music and have it performed by a hired musician. The other option is to purchase the

2. copyright for the song, but have it performed by someone other than the original artist or
use royalty free music.
For my College work we have a library of different music and sound effects which we can
use as they are royalty and copyright free. There is no copyright protection on any of these
tracks meaning that we can use them without infringing any copyright protection.