Is it copyright infringement to use copyrighted material in a podcast?
This rule does not exist. Using any portion of copyrighted material for a podcast without permission may be copyright infringement if an exception or limitation on the copyright owner’s rights does not apply. Fair use is one such limitation and discussed further below.
Can you use music in a podcast?
Yes, you can use music in a podcast, but you need to make sure you license the music appropriately. For example, you cannot use a new release from a major recording label without paying the high licensing fee, nor can you use royalty-free music without paying for that license.
Do I have the right to use commercial music on podcast?
You don’t have the right to use any commercial music on your podcast. But it’s fair use! Well… “Fair use”, or “fair dealings”, is different across the world. It’s an affirmative defence you use in court, which are normally decided on a case-by-case basis. It’s up to you to prove that your use was 'fair’ and not an infringement.
Can I use fair use music in my Podcast theme tune?
Where a fair use defence might stand up, is if you play a segment of a song for educational, criticism, or commentary purposes. It's much less likely to be valid if you're pulled up for playing copyrighted music as your podcast theme tune. Music copyright laws are no different for not-for-profit podcasts and shows that don't monetise.
How can I play copyrighted music on my podcast?
In general, you need the rights to play music on a podcast. If the music is copyright-protected, you need to pay for the license. A royalty-free music license is most affordable. Many free samples are available under the Creative Commons license.
How much of a copyrighted song can you use in a podcast?
Myths about copyright and podcasting There is no 10-second rule on copyrighted music. You cannot simply use small portions of copyrighted music under fair use laws. Not-for-profit or hobby-based podcasts are not exempt from copyright laws. There is no non-profit exception to copyright laws.
How long can you play a song on a podcast without copyright?
You'll often hear things like “it's alright, so long as you use 7 seconds or less”. This is a bit of a myth. If you play 5 or 6 seconds of a copyrighted song as your podcast theme song, you're in breach of copyright.
Do you need a license to play music on a podcast?
It's easy to think that because we hear music on the radio all the time, that it's ok to use music in a podcast.
How do you avoid copyright on a podcast?
So, what are some ways to avoid the liability? Your first option is to license the copyrighted material you want to use, meaning you pay for permission to use the work. When we say licensing, most podcasters probably think music....Methods of Avoiding Copyright InfringementAdobe Stock Music.PremiumBeat.Soundstripe.
Can I use copyrighted music if I give credit?
As a general rule, you can not use copyrighted music simply by giving credit. You must have permission from the music copyright owner before using music in your content and projects.
Can I use Spotify music in my podcast?
Spotify's Music + Talk format brings together music and spoken-word content to create a unique format that combines full songs and commentary together into one podcast episode. Creators are able to use Anchor to add any of the 70 million songs in Spotify's library to their podcasts .
Can I use youtube clips in my podcast?
Videos posted on You Tube remain protected by copyright, and they cannot be used outside of the "sharing" facilities without a license from the copyright owner unless such use might constitute fair use.
Do I need a podcast disclaimer?
Use of the podcast transcript on your website But to do that, you should have a website disclaimer and privacy policy disclaimer to ensure that what you are publishing as a transcript is taken to be information only rather than advice.
Can you use commercial music in a podcast?
But can you use commercial music in your podcast? If you have cleared worldwide commercial rights from the artist, publishers, and any other rights holders, yes. If you have purchased and/or agreed it with a Royalty Free licence, yes.
Do podcasts have background music?
Good background music in a podcast is very important for many reasons. You see, podcasts are an audio-only format. Your listeners don't see your face and facial expressions or those of your guests, and there are no graphics bouncing around on screen. So you want to provide a full audio experience, which includes music.
Can you review music on a podcast?
Fair use is the legal principle that the public is entitled to freely use portions of copyrighted materials for the purpose of commentary and criticism. While this is true, it does not apply to freely using copyrighted material in your podcast in any way you wish.
How long can you use copyrighted music?
A common misconception around copyrighted music is that it’s OK to use it as long as you use 30 seconds or less. Unfortunately, this is not true. It doesn’t matter if you use one second or an entire song, if you have not secured the rights to use a piece of copyrighted media, you are not allowed to use it in any form.
What is the best advice for copyrighted audio?
The use of copyrighted media can be a slippery slope, and the best advice is to purchase a license from a stock audio website. This will ensure you that any audio files you use in your podcast will be legally obtained.
What is fair use in podcasts?
Fair use is the legal principle that the public is entitled to freely use portions of copyrighted materials for the purpose of commentary and criticism. While this is true, it does not apply to freely using copyrighted material in your podcast in any way you wish.
What does it mean when a work is in the public domain?
A work is in the public domain if the copyright has expired or if the artist has dedicated their work to the public domain. Before using any media you believe to be in the public domain, make sure to do your due diligence in confirming this is the case.
What is the first option to license music?
Licensing music and audio. Your first option is to license the rights to a piece of music or sound. Basically, licensing requires you to purchase the permission to use a piece of copyrighted material.
What is the myth about podcasts?
Myth #3: The nonprofit rule. Another popular myth is that as long as your podcast isn’t available to the general public, and doesn’t make you any money, then you are free to use whatever media you wish. This is also not true.
Can you use copyrighted audio in podcasts?
This will ensure you that any audio files you use in your podcast will be legally obtained. If you are not sure if you have the rights to use a piece of media, then don’t use it. It’s not worth taking the risk of finding yourself in the middle of a lawsuit.
Can I legally play popular music on a podcast?
It is technically possible. But a legal sampling of popular music can be extremely expensive. The process of getting permission is known as clearance. This process can be complex and costly.
What is the time limit for the sample to be within fair use?
There is no limit or threshold. There are many rumors and myths about music samples being within fair use for podcasting if the used fragment is less than two seconds (or 3 or 5, it doesn’t matter). This is not true. Any usage of protected material can infringe copyrights.
Can I use the music sample for the podcast if it is altered and not easily recognizable?
You can’t use any sample without infringing copyrights, regardless of how short or how much altered. Court rulings in the early 2000s on music sampling effectively eliminated the usage of fair use for a very small, altered part of the sample. It does not matter if the sample is basically unrecognizable.
Can a music sample be used in remixes and arrangements?
No, it is the same situation as described above. Taking a sample and rearranging it without clearance would still violate copyright.
In what types of situations fair use can be applied for music on a podcast?
You could potentially use music samples for the purpose of parody. But you have to be careful. Samples can be used if you are parodying the piece itself, criticizing the product, author, text, or any other component of the work.
Can I use parts of interviews on my podcast within fair use or will this violate copyrights?
Using parts of the interviews is in principle governed by a document called “ Set of Principles in Fair Use for Journalism .” This document regulates behaviors for both full-time professional and amateur individuals who report on issues.
The Best Licensed Royalty-Free Music for Podcasts
If free samples don’t meet your expectations, there are quality premium, royalty-free music samples available at:
Can you use top chart music on podcasts?
As a podcaster, finding music you can use for your show can be difficult. Some podcasters throw caution to the wind and use top chart music, risking DMCA’s or other punishment for the sake of ease. It’s not a smart move and can hurt your success in the long run.
Can you use a song as an intro for a podcast?
Unfortunately, using a track as the intro to a podcast will not make a difference as it relates to copyright. Without having paid for a license to the song, using music without permission violates copyright law.
Is it legal to stream music on a podcast?
Is it legal to stream any music I like in a podcast? It is not legal to stream any music that you like during a podcast unless you have the rights to do so. Songs fall under copyright law, and as such, only those who have a license to use them can do so legally.
What about Fair Use?
Fair Use is a somewhat murky area in US Copyright law that is intended to permit the use of copyrighted work without permission under certain circumstances. Primarily, for the purposes of criticism, comment, reporting, teaching, and research. These are not situations that would cover most podcasters’ use case of music for intro and outro segments.
What if there is copyrighted music in my podcast?
To deal with copyright infringement, many companies employ a Content ID-type system to automatically scan podcasts for copyrighted material much the same way YouTube does in video uploads. It is easy to find many examples of podcasts being removed from Apple Podcasts for this reason. Spotify has been a stickler on this from the beginning.
How long can you use copyrighted audio?
The first myth is that it’s okay to use copyrighted material (such as music, sounds, or other audio recordings) as long as you use 30 seconds or less. This rule does not exist. Using any portion of copyrighted material for a podcast without permission may be copyright infringement if an exception or limitation on the copyright owner’s rights does not apply. Fair use is one such limitation and discussed further below. It would be wise to secure the rights before using any copyrighted material.
What is a CC podcast?
Creative Commons. Creative Commons (CC) is an open licensing standard. Copyright empowers the copyright owner to set the terms when they offer a work under a CC license. This means podcasters can use these works as long as the rules set by the copyright owner are followed.
What is the last copyright myth?
The last copyright infringement myth states if you are not making profit from your podcast you have carte blanch to use copyrighted materials in your podcast. Like the others, this myth is also false. Just because a use is not for profit does not automatically mean the use is non-infringing.
What happens if Creator B copies a podcast episode?
Knowing this, let’s revisit the true crime podcast scenario: If Creator B copies one of Creator A’s podcast episodes, or portion of an episode, the use could be infringing. This is because Creator B is not simply copying the idea for a true crime podcast as she was in the first scenario.
How to determine the length of copyright protection?
To determine the length of copyright protection for a particular work, be sure to consult Chapter 3 of the Copyright Act. The owner of the copyright failed to follow renewal rules. This only applies to works created prior to 1978. For works created on or after January 1, 1978 there is no renewal requirement.
How long does copyright last?
For anonymous works, pseudonymous works, and works made for hire, the copyright lasts for a term of 95 years from the year of first publication or 120 years from the year of creation, whichever expires first. For works created prior to 1978, the term depends on several factors.
What is public domain?
The term “public domain” refers to works that are no longer protected by copyright. No one owns these works. Therefore, you are free to use works in the public domain without obtaining permission. There are three common ways that works end up in the public domain:
What happens if you don't use copyright?
If not, you may be violating copyright laws. Copyright infringement is when you use someone else's copyrighted work without permission, and when no other exceptions would allow you to use the copyrighted work.
What are the components of a podcast?
There are many components that come together to create a good podcast episode: research, guest interviews, sound mixing and, sometimes, music to en rich the talk track.
Is Spotify copyrighted?
The music tracks are licensed by Spotify, which pays music creators as if they were normal streams on our music service. Depending on where you are, there may be laws that allow you to use copyrighted materials without a license in certain situations. For example, in the US, the concept of “fair use” may protect certain uses such as “criticism, ...
Can you use audio on podcasts that you don't own?
All audio that you don’t own— not just music—needs to be approved for your specific use. If not, and you’re found to be in violation, your podcast content may get flagged by rights holders or subjected to a takedown. Nobody wants that. And this copyright protection applies to your audio, too.
Who composed the podcast Podnews?
Podnews’s podcast contains bespoke music, composed for us by Devaweb, as one example. There are composers everywhere who are eager to produce something for you, even ones oddly called The Benevolent Badger. Use them - or license from a service like songsforpodcasters.com.
Can I use commercial music on podcasts?
You don’t have the right to use any commercial music on your podcast. But it’s fair use! Well…. “Fair use”, or “fair dealings”, is different across the world. It’s also an affirmative defence you use in court, which are normally decided on a case-by-case basis. It’s up to you to prove that your use was fair and not an infringement.
Can you listen to podcasts on Spotify?
You can only hear these shows on Spotify - not on any other platform (so it isn’ t a podcast really) Your listeners can only hear the songs in full if they pay for Spotify Premium. These shows also have plenty of rules about how much talk you’re allowed to have, and where ads can go.
Is the RIAA shutting down podcasts?
The RIAA (who work for US record companies) has shut down podcasts that claimed to have the permission of the artists. It isn’t enough. In most cases, an artist they actually can’t give you permission, since they signed a contract with publishers and record companies. But I’ve bought an APRA mini-licence!
Is there a licence for podcasts in 2021?
The biggest of which: right now, no licences are available. And it’s 2021 already. In February 2021, we spoke with songsforpodcasters.com which offers commercially-available music and a global licence for podcasters. This offers more than 10,000 tracks from independent artists, and licences from as low as $55.
