Let’s say you’re a radio show producer that knows your audience likes Invisible Corporation products. However, your Golden Boy just screwed what may be his last and Invisible Corporation wants nothing to do with him. You want to associate your show with Invisible Corporation, so you run their last batch of ads for free because, hell, you got ad slots not even Joe’s Taxidermy, Barberin’, and Dentistry will take.
Of course, Invisible Corporation finds out. Assuming they don’t just sic the No Such (Ad) Agency goons on you, what legal recourse do they have?
Well, a reasonably educated guess would be that the company that produced the ad also owns a copyright on that ad, and can exercise that right to demand that the station not play it. If station plays anyway, company could choose to sue over copyright violation, I should think.
I would be pretty surprised if the contracts governing such things do not include explicit clauses that cover things like this. Given the predilection of showbiz types (and ignorant right wing hacks) to go off the rails occasionally.
I am sure they give the advertising company absolute right to stop the show playing their advert if say, for example, the host accuses someone of being a slut and a prostitute for testifying before congress on a matter they disagree with. And I’m sure if the show plays it anyway (which of course wouldn’t gain them anything) they could take the to cleaners for breech of contract.
That’s when you show PSA’s (Public Service Announcements). Freebie ads for non-profit organizations or public information.
Then you take the value of those ad slots and deduct it from your taxes as a charitable donation, and you also take credit for that ‘public service’ in your FCC report as things your station does to help the local community.
Yes, I’m sure running someone else’s ads would be a violation of copyright. So what if the radio station created and played its own ads promoting Invisible Corporation products? Then would Invisible Corporation have any recourse?
I would imagine they could object that you are creating an impression of endorsement where none exists, and you could sue for damages. If they pulled their ads because they don’t want to be associated with your Golden Boy, and you run the ads, the public would get the impression that you still support his show. This could cause Invisible Corporation a big problem and get their lawyers up in your face rather quickly.