Podcast FAQ

podcast music license

by Herminio Boyle MD Published 2 years ago Updated 1 year ago
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Podcast Music Licensing: 4 Things You Need to Know

  1. Podcasts Require Sync Licenses. In order to use any copyrighted music in their show, a podcaster needs to obtain a...
  2. Don’t Rely on Fair Use. Many podcasters rely on “fair use” to cover the music in their shows. ... Since many...
  3. You Need to License Your Guests’ Music. Even if an artist is appearing on your...

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.
Feb 24, 2020

Full Answer

What music license do I need for a podcast?

When you make a podcast, you potentially invoke several of copyright's exclusive rights, such as:

  • Copying the work to include it into a podcast;
  • Adapting or changing the work to include it into the podcast;
  • Making a work available as part of a podcast for transmission to members of the public;
  • Authorizing members of the public to make a copy of the podcast and use it according to the terms you apply to the podcast.

Can I play music on a podcast legally?

Can I legally play popular music on my 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. Sampling without permission can infringe copyright.

Can I use copyrighted music in my podcast?

While you may have heard copyrighted music used without permission in other podcasts, even popular podcasts, it is a risk to do so. Podcasting’s “wild west” era has ended. Up until recently, there were not a lot of checks and regulations on copyright infringement but, to be fair, it has never been “okay” to use copyrighted material without permission.

How to use music in your podcast?

Here's a few sites to go to:

  • Free Music Archives: Gives you access to new music for free that can be used as beds or theme music for your podcast. ...
  • Epidemic Sound: Probably the most popular paid choice for podcasters. ...
  • Free Sound: Allows you to search for specific sounds that you want for your podcast and download the tracks you like

More items...

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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 much of a song can you use legally on 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.

Do you have to have a license to record a podcast?

To use a copyrighted music composition in your podcast, you will need a Podcast License from the composer or their publisher. To use a copyrighted sound recording in your podcast, you will also need a Master License from the artist or their record label.

Do copyright laws apply to podcasts?

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 are the rules for using music on a podcast?

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. Giving attribution to the creator does not give you the right to redistribute their work.

Can I use Spotify music on 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 .

Is it legal to play music on a podcast?

Yes! It's legal to play copyrighted music on a podcast so long as you've cleared the rights or are following Fair use.

How do I start a podcast legally?

0:4915:04How to Start a Podcast Without BREAKING THE LAW! - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo just like when we're starting a business the first thing we want to do is make sure this name isMoreSo just like when we're starting a business the first thing we want to do is make sure this name is available because what might happen if you don't do your due. Diligence.

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 I need insurance for a podcast?

If you're a content creator who makes podcasts, you should protect yourself with errors & omissions (E&O) insurance.

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.

How can I avoid copyright infringement?

Six steps to protect against copyright infringement claimsDo not copy anything. ... Avoid non-virgin development. ... Avoid access to prior design work. ... Document right to use. ... Negotiate for enhanced warranty and indemnity clauses. ... Document your own work.

How does music help podcasts?

Music can enhance podcasts by creating that recognition and/or mood. Those in turn will elevate your content. There are many sources of music available out there, and you have to determine what type of music or genre will serve you best. By law, all copyrighted music is considered intellectual property.

What is indemnity in music licensing?

In music licensing, having indemnity can protect you from common pitfalls, like legal liability and lawsuits. Whatever music source you select, you need to ask questions.

Why is it cheaper to work with a buyout library?

If you work with a buyout library, it may be less expensive, because they do not have to share the licensing fees. (The term buy-out means a publisher has bought out the synchronization rights from a composer.) This is the right to use the written song or the composition.

What is interstitial music?

The uses are endless, from theme to intro and outro bumpers. Interstitial music gives pause to color an emotion, or transition your story with impact. It adds drama and has the power to embellish the listener’s experience.

Is it enough to claim that music has been vetted?

Simply claiming that music has been vetted is not enough. Proper vetting means that the source has confirmed that the music does not infringe on another work, and thoroughly investigating the source to confirm that the composition is owned and from the composer indicated.

Do radio stations pay for music?

Radio and TV outlets pay them as well, traditionally for music in commercials and programming. This is all part of the taming of the wild frontier known as the internet. From billion-dollar companies to small podcasts, music licensing is a part of doing business.

Can commercial artists work on-going?

Frankly, in most instances commercial artists will not work for on-going content. New, up-and-coming artists represent a terrific resource, assuming they are the right fit and are willing to work with you. Again, regardless of the circumstances, be sure to document any permission in writing.

Music For Podcasts Playlist

Whether you’re looking for a catchy theme song or something atmospheric to emphasize the right narrative moments, our roster of quality music has it all. Check out some of our favorite songs for podcasts, curated by our team of music licensing experts.

Find the perfect song for your podcast

Start browsing our roster of record labels and independent touring bands and musicians.

What if your podcast is about music?

What if your podcast is about music, and what if you’re interviewing the artist themselves? Well, unfortunately, it doesn’t matter. That artist may have written their own songs, but they also may have signed away their rights to the songs to a music publisher in part or in full. The same goes for the recording. So you want to be absolutely sure that the artist controls the entirety of their music, otherwise, you will need permission from anyone who has a stake in their music. As for only playing small clips from a song? Duration doesn’t matter. A fair use argument could be made if you are playing a very short clip of a song you are discussing as part of your podcast (this is called de minimis use for all my copyright nerds), and commentary can aid in a fair use argument, but this is still risky and could be painful to deal with if a copyright owner takes notice.

What is the difference between a recording and a composition?

The recording is typically represented by a record label (or the artist themselves) and the composition is usually represented by one or more music publishers. In the case of a podcast, the use of a song requires both the use of the recording and the composition. As such, you need permission to use both sides.

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