Pretty much every time. No matter how you slice it. You use music illegilly and you'll pay the price.
Here's a perfect example: The Black Keys have filed two separate lawsuits against ad agency Della Femina Rothschild Jeary and Partners for using their song "Tighten Up" in a Valley National Bank spot without consulting them. According to Rolling Stone, cease-and-desist letters were sent by the label to both the ad agency and the bank, but neither one took action.
We talk about this all the time in the studio. Just how many people out there actually think they don't need to obtain rights to music put under a TV spot? What makes them think they're a) entitled to it and/or b) not going to get caught?
What were they thinking?
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