Frequently Asked Questions

The Basics of Music Licensing in Digital Media

By David D. Oxenford and Robert J. Driscoll
Davis Wright Tremaine LLP

Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. Whether the music is used in an advertisement or a music video, on a Web site or delivered via another digital platform, licenses are usually required. Unfortunately, there are a variety of rights that may be needed, depending on how the music will be used, so knowing what you need to do to avoid liability is not always easy.

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Drawing the Line: A Guide to Avoiding Illegal Content

by Scott R. Flick

Familiarity with the FCC’s rules regarding on-air content is not optional for on-air talent, station programmers or station management. In most cases, editorial judgments made in advance, especially in the case of syndicated or pre-recorded programming, can prevent illegal content from reaching the air. It is therefore important that those involved in airing broadcast programming be up-to-date on the boundary lines that the FCC and the courts have drawn to distinguish legal from illegal on-air content.

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Gaming / Lottery Broadcasting Rules

There are four types of gaming activities that are legal to advertise in Missouri.

  • The Missouri State Lottery
  • State Licensed Casinos operating in or along the waterways in Missouri
  • Charitable gaming for certain 501-C organizations provided that the proceeds are used to further the purposes of the non-profit organization.
  • Gaming activities conducted in other states provided these gaming activities are legal within the state where they are being conducted.
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Radio & TV Public Inspection File Requirements

This Advisory is designed to help commercial and noncommercial radio and television stations comply with the FCC’s public inspection file rules. Please click here for the complete document.

 

Campaign Reform Legislation

Required Sponsorship Tags

In an effort to discourage negative advertising, the Act requires every political broadcast to carry a special statement intended to assign personal accountability of the candidate or other sponsor. (A political broadcast advocates election or defeat of a clearly identified candidate or solicits a contribution.) Broadcasts by candidates or their authorized committees must identify the candidate and state that the candidate has approved the broadcast.

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Political Broadcasting Rules

The Federal Communications Commission (FCC) places great importance on a broadcasters responsibilities concerning the political broadcasting rules. Station personnel handling political buys should be well informed of the current as well as changes as they occur.

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Tobacco Broadcasting Rules

By act of Congress, "any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission" is prohibited from advertising cigarettes and little cigars. 

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Alcohol Broadcasting Rules

No other group of rules and regulations causes more problems with regard to interpretation than those concerning the advertising of intoxicating beverages. While federal laws are very simple and straightforward, Missouri state laws can be confusing and subject to interpretation based upon the variables of the situation.

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