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It depends on the format. If you're just saying "and the theme would be this song" in writing, there's no copyright involved. If you play it at a pitch meeting, that could arguably be public performance, but it's unlikely anyone would take action on it. If you prepare a package, say a DVD with proposed scenes, scripts, etc, you would need a license to include the song in the package.

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Q: Would you violate any copyright laws if you approached a major network with a TV show pitch using music that you have not yet bought the rights to?
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