Can a Radio Personality Like Rush Limbaugh Use Any Song for Their Intro Music Without Needing Special Permission?

Charles G Hill, a generalist and occasional wisdom expert, provides an accurate answer: a radio personality such as Rush Limbaugh can face restrictions when using a song for their intro music, especially if the artist objects to the usage. Syndicated programs, like those hosted by Limbaugh, can run into similar challenges if the composer who owns the publishing rights objects to the views expressed by the host.

Understanding Copyright and Licensing Requirements

The key to understanding whether a radio personality can use a song without needing special permission lies in the concept of licensing and copyright. When a composer or the owner of the publishing rights objects to the use of their music, they can request that the music not be played. This is particularly relevant for syndicated programs where the audience might be diverse, and the topics discussed can be controversial or offensive to certain individuals.

Radio stations typically pay licensing fees to entities such as BMI (Broadcast Music Incorporated), ASCAP (American Society of Composers Authors and Publishers), and SESAC (Society of European Stage Authors and Composers) to play licensed songs. These fees can range from a few hundred to several thousand dollars per month. These fees cover the right to play songs over the airwaves and are essential for avoiding copyright infringement.

However, it's important to note that stations streaming their audio over the internet incur additional licensing fees. This adds another layer of complexity to the already existing licensing requirements.

Commercial Use and Streaming Audio

The use of licensed/copyrighted music in commercials is another gray area. Stations often feel that the fees they pay for airplay should cover their use in commercials as well. However, legal cases usually favor the licensing agencies, indicating that a financial agreement must be reached if a complaint is filed.

For example, Rush Limbaugh (Rush Media Group) initially did not pay for the use of "My City Was Gone" by the Pretenders as bumper music. However, Limbaugh eventually agreed to pay Chrissie Hynde, the lead singer of the Pretenders, for the use of her song. This payment was then donated to PETA, a relevant environmental organization. This agreement highlights the importance of obtaining proper licensing for music usage in any public broadcast.

Strategies for Managing Music Licensing

To ensure legal compliance and avoid potential disputes, radio personalities and stations can consider the following strategies:

Contractual Agreements: Engage directly with the artist or their representatives to negotiate and formalize the use of their music. Licensing Clearances: Obtain clearances from licensing agencies to use music in broadcast materials, including commercials. Regular Audits: Conduct periodic assessments to ensure that all music used remains up-to-date and in compliance with current licensing agreements. Safeguarding Against Objectors: Be prepared to address any objections from artists or their representatives before airplay. Sometimes, a compromise such as donating a portion of the payment to a relevant cause can resolve the issue.

Conclusion

In conclusion, while it might seem straightforward for a radio personality like Rush Limbaugh to use any song for their intro music, the reality involves various legal and financial considerations. Understanding and adhering to licensing requirements and seeking proper permissions are crucial to maintaining compliance and avoiding potential legal issues.

For more information on copyright and licensing, stay informed about the latest updates from organizations like BMI, ASCAP, and SESAC. Legal and financial advice tailored to your specific situation is also recommended to ensure complete protection.