ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, September 22, 1993                   TAG: 9309220018
SECTION: SPORTS                    PAGE: B1   EDITION: METRO 
SOURCE: SCOTT BLANCHARD STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Short


HOKIES ALTER AD TO AVOID ENDING UP IN THE POKEY

Don't do the "Hokey Pokey."

At least, that's what Virginia Tech's licensing office told its athletic department Monday after learning that Tech may have violated the familiar song's copyright in the school's television and radio pitches for home football games.

Tech promotions director Peggy Morse said Tuesday she has pulled the music from the ads, replacing it with up-tempo music on the radio spots and new music and a voice-over on the TV ads.

Meanwhile, Tech waits. Marty Hale, the school's licensing director, said a Nashville-based music publishing company told her it owns the copyright for the song. Hale said she'll send the company a tape of the Hokies' version to see "if it's something they'll allow."

The company could sue, although Hale said that was unlikely, or charge Tech for using the song.

"I think we headed everything off," Hale said. "I think everybody had misinformation."

Morse said she has a letter, received in the spring, from AIRCOM Studios in Baldwinsville, N.Y., that assures Tech the "Hokey Pokey" is public domain - not protected by copyright.

Tech paid AIRCOM to produce an arrangement of the song for Tech's ads, which promote home games.

Steve Horton, Tech assistant athletic director, said he gave the letter to Hale, thinking that would close the matter. Hale said she had seen a "contract" between Tech and AIRCOM that "doesn't say anything" about the copyright issue.

Hale said she'd been looking into it before learning Morse believed the song was public domain. "It's my job," she said.



 by CNB