Kelly Clarkson gives in to Idol

On Tuesday, before the first episode of American Idol's fifth season aired word spread that first-season winner Kelly Clarkson had not cleared songs from her second album, Breakaway, for use on the show reports MTVnews.

American Idol must obtain permission from owners of song licenses in order for the music to be used on the show.

The news prompted an attack from "Idol" judge Simon Cowell.

"No matter how talented Kelly Clarkson is, she would not be in the position she's in now without winning this show," he said.

"I think that by ignoring the show you're ignoring the audience who put you there," he added

Clarkson's record label Sony BMG said her management was in negotiations over which of her songs could be used.

Spokesman Roger Widynowski had earlier said the singer was not allowing her songs to be licensed for other purposes and he had not been informed of negotiations.

In an interview with the Associated Press agency in 2005 Clarkson said she was aware that her career started on American Idol repors BBCnews

"They always talk about the big first thing that you did," she said.

"I think the only thing that I do mind is I don't want people to only focus on that."

Although producers of the show said they were having trouble reaching agreement over the contestants' use of Kelly Clarkson's songs, her spokesperson says there is no conflict.

"Kelly Clarkson was happy to hear her song `Since You've Been Gone' on `American Idol' last night. As far as she is concerned, there is no conflict between her and the TV show," her spokesperson tells People.com. "She intended all along to license additional material to the show and will do so when asked and within reason."

Meanwhile, The fifth season of "American Idol" opened Tuesday night to 35.5 million viewers, a 6% increase over last year's debut, according to preliminary Nielsen Media Research figures.

"To say we are surprised and pleased by last night's numbers would be a major understatement," Fox Entertainment President Peter Liguori said in a statement Wednesday.