i want to play an album on my podcast. what do i do
At-a-Glance: Podcast Music Copyright Laws
- Perhaps. But it's complicated, and often, expensive.
- For starters – who actually owns the song? Ownership in music is complex.
- And even if you did spend time and coin getting the rights to a vocal, your show may be removed from Spotify – the second biggest podcast directory in the world.
- "Fair Use" is a defense you tin try to use, if you go far trouble, whilst "only 7 seconds" is a bit of a myth.
- It as well doesn't matter if yous're not making money with your show.
- The good news is that there are plenty ways to get great music for your podcast – even for free
- Read on to find out more than…
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It'southward one of the well-nigh frequently asked questions in the medium; "Tin I use copyrighted music in my podcast?". The brusque respond is "No". But, as is commonly the example in podcasting, there'south a little bit of "it depends".
It's important to stress that nosotros are not lawyers. I tin can advise hither, based on experience and info I've learned over the years. Merely ultimately, you should work with a legal professional if you lot're looking to go downwards the route of using copyrighted music in your podcast.
We accept an interview with Entertainment Lawyer Gordon Firemark on Podcraft titled Podcasting Law: Stay Legal, & Protect Your Brand. Information technology'due south well worth a listen if you want a deep dive into the ins and outs of the legal process.
Can I Play Copyrighted Music in a Podcast?
Alright and so the short answer isn't quite "No". It's closer to "Don't".
Certain, it'southward not impossible. Just you'd need the permission of everyone who owns the music.
Music rights are complicated. There are things called "mechanical rights" and "functioning rights", for starters.
Let'southward say your pal writes a vocal, then her friend's ring play and record the vocal. And then, they're signed by a tape label, and the song features on their new album.
You want to use this song on your podcast. Who do y'all approach? Who practice y'all pay?
The first person you'd pay is a lawyer, to aid y'all figure out who else needs to be paid.
Then, the owners of the song will want answers to questions like, "how many times volition it be played?", and "where volition it be available?" Equally you can imagine, these questions are virtually impossible to reply in the example of podcasting.
I Only Want to Play Part of a Song
You lot'll often hear things like "it'due south alright, so long equally you use 7 seconds or less". This is a fleck of a myth. If y'all play 5 or half-dozen seconds of a copyrighted vocal as your podcast theme vocal, you're in breach of copyright.
Podcast Music Copyright Laws: What Almost "Fair Use"?
Fair use is a defense force you tin utilize if you get in bother for playing copyrighted music in a podcast. Information technology also seems to differ a little, depending on what country you're in.
Where a fair use defense might stand up, is if you play a segment of a vocal for educational, criticism, or commentary purposes. It'southward much less likely to be valid if you're pulled up for playing copyrighted music every bit your podcast theme tune.
I'm Not Making Any Money With My Podcast
Music copyright laws are no different for non-for-profit podcasts and shows that don't monetise. This i isn't a valid defence I'1000 afraid.
I've Already Bought the Music Commercially
Another defence that's been touted in the past is, "but I bought the CD!".
When you lot buy copyrighted music commercially, you're paying for the right to play it for your own entertainment, at home, in the car, etc. If yous still own a CD, take a expect at the small print on the sleeve. I guarantee there'll be something around how you can't play it "in public".
Bottom line is, without an additional license, you wouldn't exist allowed to play it in a small shop, permit alone stick it on a podcast episode.
What About Copyrighted Music Recorded in the Background?
There'southward an Incidental Inclusion defense for when you lot've accidentally recorded some music in the background of your podcast. Say you're recording an interview in a coffee shop or outside a music venue and you capture function of a song every bit actuality – you'll probable be excused equally you aren't setting out to record it specifically for personal proceeds via your podcast.
That said, you can't use that every bit an excuse when you lot play the first xx seconds of Yellow Submarine at the get-go and end of every episode.
Volition Podcasts Playing Copyrighted Music Accept Limited Audiences?
The biggest place podcasts are consumed, by far, is Apple tree/iTunes. Then, in distant second, but nonetheless with a large listener-base of operations, is Spotify.
Both directories are music distribution services also. That means they are wary of anyone playing copyrighted music on a podcast on their platform.
It's possible to get a pass from Apple tree if you can evidence them yous've got the permission and licences. Spotify, on the other hand, seem to have a more hard-line approach. Information technology doesn't look similar they want any podcasts playing songs on there.
Patently at that place's a deviation between playing some intro music and a transition or two, to playing entire vocal after song afterward song. Again, that's why this is then complicated – and probably improve left alone altogether.
The primal takeaway here, is that if you lot play copyrighted music on your podcast (even legally) then it may be difficult to grow a decent-sized audience.
When Does a Song Get out of Copyright?
This is another tricky one, because it varies from country to country. 75 years afterward a vocal was published, or seventy years subsequently the death of the artist, are two criteria we hear regularly. Yous should never take these as gospel. These laws tin exist fluid and change twelvemonth upon yr depending on what's nearly to get out of copyright (and who currently earns from it).
Always seek advice and description from a legal professional, before using a song you believe has gone into the public domain.
There'southward also the question of the functioning and recording rights. If you observe a song that is in the public domain, but it was performed and recorded by a band a few years ago, then they own the rights to that version. You couldn't just go ahead and use it without their permission.
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Does Your Podcast Demand Copyrighted Music to Be Good?
This is a question worth request yourself. If your bear witness doesn't open up with Bohemian Rhapsody or Welcome to the Jungle, will information technology nevertheless be adept? Will your podcast really live or dice on this factor?
Have you ever come across a listener review saying something like "the content and conversations in this podcast are admittedly listen-blowing, but I had to unsubscribe because it's sorely lacking in 10 seconds of intro music by Bob Dylan!" ?
Try ploughing all your effort into choosing a unique and original topic, and creating the best possible content around information technology. If you lot do that, you lot'll get abroad with 5 opening seconds of a chimp farting through a kazoo as your theme music.
So How Tin I Get Great Music for My Podcast?
In that location are loads of different means to become quality music that's totally legal to play on your show.
There's free tracks you can use under a Artistic Commons license, and you can purchase the rights to use Royalty Complimentary music too.
Here are our favourite options for finding podcast music that are safe and legal to apply.
Summary: Podcast Music Copyright Laws
So, tin can you use copyrighted music in a podcast?
It's not impossible, merely it'll likely be complicated, expensive, and could fifty-fifty limit your audition.
We're not lawyers (again, here'southward an episode of Podcraft with someone who is) only you lot should probably steer articulate of going down this route. Here are plenty groovy options for finding music to play on your show.
And instead of worrying most how you can legally play the latest Taylor Swift song on your bear witness, spend the bulk of your time, energy, and resources on creating good content, and promoting it to your target audience. That's the stuff that'll actually move the needle, after all.
If yous need more tailored help, as well, then check out The Podcast Host University. There, you'll detect our courses, resources, and can join us in weekly live Q&A sessions too.
Source: https://www.thepodcasthost.com/editing-production/music-copyright-can-i-use-song-podcast/
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