It's not crazy it's illegal. Do you have a publishing deal? If so you'll be getting check. If not you should draft a letter referencing that clip and your song, where both can be found, and tell them you're open to resolving the matter out of court, hah.

They can legally use a 30 second clip of any song without written permission or consent by the musician or publishing company.

The only reason I know this is that a friend of mine from Memphis's band (Reigning Sound) was on Monday Night Football a couple of years ago. They used a 30 second clip in which he called his publisher and attorney. Upon talking to both of them, he was informed, LEGALLY, he cannot do anything nor get compensation.

I, personally, think it's bulls---, but what are ya gonna do when dealing with THE MAN...

Thanks for the info. I, too, can't believe it's legal to use other people's creative work without any compensation whatsoever. They couldn't throw him $50 for using the clip?

By this reasoning, I could get an advance copy of a book and sell the first 50 pages for a couple of dollars, since that only represents a small fraction of the total work...

I think the idea of them using clips is a great way to get the name out of some musicians that probably will never see the light of day outside their local scene. Unfortunately, the clips never get written acknowledgement on the show. Personally, I think upon using a clip, at the end of the show, they should HAVE to list the music used in said show. Seems only fair.

This is why you can listen to a 30 second snippet on iTunes before you buy. Legally they can use it with gaining a profit...

Well, first, The song played for 38-39 seconds. Not sure if they looped the guitar at the begining while Keith was telling the story or they played it from the song cuz the solo is right before the chorus they used, but Olberman's talking makes it hard to tell if it's looped or straight from the song. SO, with that, if they looped it, then would that negate the 30 second rule?

Secondly, I am not sure where they got the song. It's available on CDBaby.co but I haven't sold any in 3 months. It's also available on Itunes and several other download sites but I won't get a download report for 4 - 6 weeks after the end of the month. So I won't be able to find out if they downloaded it or not. If they didn't, then where did they get it?

And finally, thanks for all your input, advice and opinions!! That's why I posted it here. I really do appreciate your comments.

Wouldn't it be cool if we could bust MSNBC (owned by G. E. by the way) for illegally downloading and using no name, Midwestern folk singers music on national TV? That would be a scandal I'd love to be a part of!!

Here's my theory - Keith's bit was about an inflatable t--- sculpture and the refrain in your song is "do do do" - get it? It could have been a database search for songs with "do" in them.

Here's a brief overview on copyrights and "fair use."

http://www.copyright.gov/fls/fl1...

Like most government edicts, it's vague and open to interpretation. In my semi-professional opinion, given the length it was used and that it was for a commercial broadcast, you probably have a valid claim.

Now you just have to decide if what you'd get in return is worth the time and trouble.

As Taffy said, if you have a publishing deal with ASCAP, BMI, or SESAC, it's worth barking up that tree.

Neal, Yeah, I get it. But,if you "google" the term "doo doo song", I'm the first one on the results. However, the results is a link to a youtube version of a live performance at Lazee Days Cafe on E. Washington St. that I posted a while back. In the description it has a link to my CD. The version MSNBC used on Keith's show is the CD version and not the live one. So, I am still perplexed as to where they got the song. I contacted CDBaby.com and they have not discussed anything with MSNBC or worked any kind of sync deals.

btw, I don't have a deal w/ASCAP, BMI or SESAC

Oh, and another thing. If I had a deal with ASCAP, BMI or SESAC, they would be barking up that tree for me, right. That's why you pay to belong.