PDA

View Full Version : Music Trivia


deppeler
Feb 5th, 2005, 04:45 PM
Hi,

My Podcast is several 10 second clips of songs, do I need to worry about licensing issues?

Would this be classed as 'Fair Use' as it isn't for profit etc

FLEB
Feb 7th, 2005, 05:10 AM
On one hand, it wouldn't be considered "fair use" (under U.S. (C) law), since it's not for the purpose of comment, criticism, or education.

On the other hand, it'a s 10-second clip, and with all the real filesharing the RIAA et al have to deal with, I'm certain nobody cares. I'd be wary of using it on a sponsored program, but for a free show, I can't see it causing any problems.

On the additional prosthetic third hand, IANAL, don't-believe-him-that-man-is-insane, Etc.

deppeler
Feb 7th, 2005, 06:21 AM
On one hand, it wouldn't be considered "fair use" (under U.S. (C) law), since it's not for the purpose of comment, criticism, or education.

On the other hand, it'a s 10-second clip, and with all the real filesharing the RIAA et al have to deal with, I'm certain nobody cares. I'd be wary of using it on a sponsored program, but for a free show, I can't see it causing any problems.

On the additional prosthetic third hand, IANAL, don't-believe-him-that-man-is-insane, Etc.

The show is (4) maybe 5-10 second music clips, 1 each from the 60's, 70's, 80's & 90's and at the end I give the answers. I mean there is no way someone could 'download' the material and it's not for revenue, just for fun.
But I just want to make sure it's legit.

Cookiepuss
Feb 9th, 2005, 11:21 AM
Stanford has a good site with a great overview of Fair Use here:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

Perhaps tha might help. . . ;)

It also apears ASCAP recognizes Podcasting now in its webliscense:
http://www.ascap.com/weblicense/

deppeler
Feb 9th, 2005, 03:35 PM
End of story really, this is what I got back from the ASCAP:

Correct - regardless of the performance duration and whether your service
is revenue generating, your minimum fee requirement under the
non-interactive license agreement would be $288.00.

So I'm not going to pay that just to have so fun.