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1 year, 5 months ago via ask.inc.com

Can we use a parody of a popular song as our jingle on the radio?

I know that parody is an OK use of a song, but how about if we are using it as a jingle to advertise our auto repair shop? It is such a perfect song and it is going to make everyone laugh and be talking about our shop all the time! I can't wait to get this on the radio, but then I just thought maybe this is not OK? Please tell me what you all think there at Inc.
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kateperez | 1 year, 4 months ago
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There are copyright laws, for sure, but in addition, copyrights have expiration dates. Most songs, lyrics and tunes, have a copyright expiration about 75 years after the original copyright date. In this way the tune, a piece of the tune, or other "intellectual property" is not being held hostage forever.

The intent of this expiration period is that after 75 years, there would likely not be any harm to be done to the original writer or artist.

You could also get permission from the original writers or artists. This seems like an odd thing, but if you ask, many times artists will allow someone to parody their songs. That is how Weird Al does it. He asks permission before he does the task. I even heard once that a popular band gave permission, after the fact, for another band to sample some of one of their songs because a third party was complaining that the second band was "stealing" the song of the first band.

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jkepler | 1 year, 5 months ago
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If it's too close to the original song, you probably won't be able to use it without eventually getting into some sort of trouble. That said, even if you and your lawyer thinks it's fine, that doesn't mean you won't get sued. Even if you aren't doing anything illegal, paying legal fees for months or years on end to defend yourself simply isn't fun or profitable.

Now, I suppose the ultimate question is whether or not you'll attract a lawsuit. While you may think your town is small, keep in mind that lots of funny and interesting songs get posted to YouTube. If your marketing is "too" successful, things might not turn out so well in the end. I recommend coming up with something original.

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stickerblue | 1 year, 5 months ago
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Typically, in copyright laws, most parody defenses fall under "fair use." However you must make sure that it is actually a parody, which is defined as making fun of the artist or original piece. In a copyright infringement issue, the burden of proof falls on you and fair use is used as a defense.

If you’re wanting to create a parody and post it on YouTube, YouTube complies with U.S. copyright laws. In most cases YouTube allows it, but there are songs that they immediately strike down as copyright suspect.

Since you are wanting to use it as a radio and/or television advertisement for your business, you should obtain permission or a license just to be on the safe side. ASCAP and BMI don’t like people using their stuff without paying for it.

I hope this helps. Good luck.

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