Licensed Music Podcast Service

[bigee]

Wanted to run this by those of you who are MUCH more familiar with the legal aspects of licensing.

Recently had a conversation with someone, who is beginning to podcast, but was not willing to pay the licensing fees associated with it.

What are the potential pitfalls if I were to create a 'cast for him and charge service fee for the creation of the show? As I have the licenses already in place, I should be covered because I am the one creating the show, he is merely hosting it on his site.

[podcraster]

If you need help, you should check out these guys' website: http://www.gengalaw.com

[Hittman]

That’s a very tough question, and I’d be highly suspect of any answer you receive here.

For that matter, this is such a new medium, I’d be suspicious of any advice you’ve paid a lawyer for.

[RitmoLatino]

As I have the licenses already in place, I should be covered because I am the one creating the show, he is merely hosting it on his site.

It's my understanding that a license with BMI or ASCAP is linked to a specific web site.

This license covers the fee for the "performance" on that site. And I assume this means streaming music with a player -- not a download to an iPod or hard drive.

So, no, I don't think your covered by having your own license. The site that the "performance" will occur on needs to be covered by the license. (Of course, this doesn't include the permission one would have to seek from the actual copyright holder, whether it be the musician or record label.)

I am not a lawyer or an expert in copyright law. This is simply my understanding. So, please, do not base any decisions on my comments.

[roadrageradio]

Wanted to run this by those of you who are MUCH more familiar with the legal aspects of licensing.

Recently had a conversation with someone, who is beginning to podcast, but was not willing to pay the licensing fees associated with it.

What are the potential pitfalls if I were to create a 'cast for him and charge service fee for the creation of the show? As I have the licenses already in place, I should be covered because I am the one creating the show, he is merely hosting it on his site.

There are tons of pitfalls.

As was pointed out, the "venue" (your client) needs a Performance license from BMI or ASCAP to play the song. That shouldn't be your problem, but I would get him to sign a "hold harmless" agreement to protect you.

If you are mixing or mashing a copyrighted work, or integrating it into a larger work, that's another license altogether, called a Synchronization license. You have to contact the record label and the publisher (that name on the liner notes after the composer) and find out who owns the rights, and what they want to charge you for doing your thing to their music. As the producer, you could be liable for failing to get the synch license.

And then there's the Mechanical license. Some courts have held that publishing music on the internet is just like making a CD, and there is a per copy royalty for that. The Harry Fox Agency acts as the clearinghouse for mechanical licenses. Again, as the producer, this might fall on you.

By all means get competent professional legal advice. People ignore all this stuff, but if they come looking, they will find you.

[womengrow]

Here is some information that may be helpful (from the Coverville Podcast)
http://www.podcastalley.com/forum/viewtopic.php?t=106