Podcast FAQ

how to use copyrighted music in podcast

by Rosalee Schmidt Published 2 years ago Updated 1 year ago
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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.Mar 30, 2021

Full Answer

Why your podcast needs a trademark?

  • Your logo might be a trademark if it identifies your brand as the source of goods or services.
  • You might have catchphrases you want to trademark.
  • Maybe you’re starting a podcast network, and each show has its own name…

How to legally protect your podcast?

When considering a podcast, your rights may be infringed when:

  • others share the podcast on their website;
  • someone downloads the podcast from your website;
  • someone copies your podcast’s script and creates their own podcast; or
  • your podcast is played in public at, for example, a cafe.

How to unsubscribe to a podcast?

  • Launch the Podcasts App.
  • Go to Library.
  • Tap on Shows to see all the podcasts that you are subscribed to.
  • Select the Podcast you want to unsubscribe from.
  • Tap the three dots.
  • Tap Unsubscribe.
  • There will not be a confirmation that you unsubscribed. However, you will see a Subscribe button that wasn't there before. ...

Are podcast copyright protected?

Your podcast potentially consists of two separate copyrightable elements. There is a copyright in the recording and a copyright in the underlying material (assuming the underlying material qualifies for copyright protection). For example, suppose you write and develop a seminar on woodworking and then record a podcast featuring that seminar.

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How can I legally use copyrighted music?

Put simply; you can legally use music in videos if you have permission from the person, people, or company who owns the rights. Since the publisher and the record label usually hold music rights, you'll have to get permission from both. From the publisher or composer, you'll get a synchronization (or sync 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.

Do you need a license to play music on a podcast?

1) Podcasts Require Sync Licenses In order to use any copyrighted music in their show, a podcaster needs to obtain a synchronization license. These types of licenses traditionally govern music use in TV shows, films, and commercials, as those media require the music be “synced” with the visuals on screen.

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 you use other people's music in a podcast?

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.

How much does it cost to play a song on a podcast?

But the part that stood out to us: “An annual track license generally costs between $500 and $2,000 for the master recording, plus the same amount for publishing, sources say, and must be renewed for a podcast to remain online”.

Can I use music in my podcast Spotify?

Spotify Now Lets You Add Music Tracks to Podcast Shows.

How do I put music on my podcast?

1:073:18How to add intro and outro music to your podcast - YouTubeYouTubeStart of suggested clipEnd of suggested clipSpace there are a couple of ways to do this you can either import audio files from your documentMoreSpace there are a couple of ways to do this you can either import audio files from your document saved computer wherever.

Can I use 15 seconds of copyrighted music?

This is one of the most common misconceptions. Unfortunately, this is not true and there is no bright line rule that says a use is an acceptable use as long as you only use 5, 15, or 30 seconds of a song. Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement.

Can I sing a song in my podcast?

Now the big question, especially for beginner and novice podcasters, is, “Can I use copyright-protected music in my podcast?” The simple answer to this question is, “Yes.” You can use copyright-protected music in your podcast, but you have to pay for the right to do so legally without risking a lawsuit.

How much does it cost to play a song on a podcast?

But the part that stood out to us: “An annual track license generally costs between $500 and $2,000 for the master recording, plus the same amount for publishing, sources say, and must be renewed for a podcast to remain online”.

How do I get permission to use a song for a podcast intro?

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. If you are not sure if you have the rights to use a piece of media, then don't use it.

What is the biggest place podcasts are consumed?

The biggest place podcasts are consumed, by far, is Apple/iTunes. Then, in distant second, but still with a large listener-base, is Spotify. Both directories are music distribution services too. That means they are wary of anyone playing copyrighted music on a podcast on their platform.

What is fair use in podcasts?

Fair use is a defence you can use if you get in bother for playing copyrighted music in a podcast. It also seems to differ a little, depending on what country you're in. 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 ...

Is it legal to play music on podcasts?

There are loads of different ways to get quality music that's totally legal to play on your show. There's free tracks you can use under a Creative Commons license, and you can buy the rights to use Royalty Free music too. Here are our favourite options for finding podcast music that are safe and legal to use.

Can you play a CD in public?

If you still own a CD, take a look 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 be allowed to play it in a small shop, let alone stick it on a podcast episode.

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.

What is Creative Commons?

Creative Commons is an open licensing standard that allows creators of content to share their work under clear and transparent terms. This means that artists are able to make their work available at no cost to use, so long as you follow the rules set by the artist. Assets under creative commons will usually break down how you can and can’t use the work (i.e. free to use, not-for-profit only, requires attribution). As long as you follow the rules set forth in the creative commons license, you are free to use this type of music and media.

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.

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.

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 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:

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.

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.

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.

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.

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!

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.

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