Podcast hits the dust

[deppeler]

Well so much for that idea!

ASCAP informed me I would have to pay the minimum annual fee of $288.00 for 4 snippets of 5 seconds each (music trivia), fun value or not, non-revenue making or not.
No wonder why people steal music.

Disgusted

[PBCliberal]

Have a look at the fair use provisions of the Copyright act. Here's an overview (http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/).

[Craig]

Based on my reading of the copyright act his use wouldn't fall under fair use because the snippets aren't incidental to the purpose of his podcast. If he was playing the clips over the intro to his podcast, on the other hand, then they might be considered fair use. Thoughts?

Now, are they going to sue him or Jan Polet for using them to do trivia? Are the artists losing money by having these clips used in this way? I don't think so...if anything the trivia show is going to generate sales from people who are intrigued by the clips. So personally I'd saying that using the clips follows the intention of the law if not the letter.

Craig

[PBCliberal]

One of the problems with this, of course, is you can argue this any number of ways, and ASCAP has more money to argue than the 2 c-note license fees. I'd suggest that this may be de-minimis, particularly because the intent is to "stump" the listener so you use as little as possible. (This also speaks to not taking the "heart" of the work.)

Maybe what you're getting at, in suggesting that this may help sales, is that a contest derived from well-known published composition is indeed "transformative," and is commentary on the song itself. So not only does it support the fourth pillar of fair use, in that its effect upon the potential market is beneficial to the rightsholder, it supports the first pillar in that the ability of the contestant to identify the work by a mere snippet, comments upon its role in popular culture through its identifiability.

Unfortunately, it won't pay your legal fees if they sue you for fun and agree to settle at the last minute when they're sure they'll lose.

[bob]

You know what though, in a not-too-distant-future, with so many RIAA/ASCAP-free podcasts, you will be able to do name that tune with independant music!

In fact, I'd say you could probably start now - Manda & the Marbles have been played almost everywhere - I bet you several hundred people could name that tune..

Woah! They've just about done it! The big man's music machine is becoming irrelevant! No one will be able to name the Ashlee Simpson tunes!

This my friends, is the shift I've been waiting for.

[cc_chapman]

I actually recorded a total Podsafe Music Trivia and sent it to Adam since he seems to be digging these. But, he hasn't used it yet.

Perhaps I should send it to the Bob & AJ show? (killer funny podcast by the way)