Podcasts and copyright

[Sir Pluto]

I'm looking to start a podcast here in next few weeks, and had a couple of questions. I am doing a music podcast for local djs. I want to talk about the upcoming local shows for the first minute of so. Then play a local dj's mix. My question is regarding copyright laws. Do i need to worry about what songs djs play on their mixes. Do i need to obtain some sort of certificate to play this music? Should I not worry about it? Should I just do it, until someone says to stop? The mixes that I put on my podcasts would be from cds that these djs hand out at parties.

[Steve Pinder]

If any of the music is published, like BMI/ASCAP, then no you cant use it, unless you buy the license, and then you will have to pay for everytime you use it, just like a Radio Station. Even if it is a mix.

[Anime in Los Angeles]

If you haven't already, check out the "Music Licensing for Podcasting & New Media" podcast session at Podcast Academy. All the podcasts from last year's NME are worth downloading.

Hope it helps you out.

[radioclash]

I'm looking to start a podcast here in next few weeks, and had a couple of questions. I am doing a music podcast for local djs. I want to talk about the upcoming local shows for the first minute of so. Then play a local dj's mix. My question is regarding copyright laws. Do i need to worry about what songs djs play on their mixes. Do i need to obtain some sort of certificate to play this music? Should I not worry about it? Should I just do it, until someone says to stop? The mixes that I put on my podcasts would be from cds that these djs hand out at parties.

In practice; probably you won't get aggro. If they start playing Kylie and Madonna and Robbie then not only is that worrying musically, but big acts will attract big attention; or if your podcast becomes massive. If it's DJs talking to DJs playing whitelabels or unnofficial releases, you'll probably be OK.*

As far as I can see record companies love podcasting; and many of them are podcast friendly; the smaller ones anyway like Wichita, Subpop or Magnatune. I'm happy to buy or play their tracks as a result.


* yes I know it's illegal; like recording a CD to an iPod is illegal, or like walking over someone's open land is illegal without permission. Difference is what actually happens in the real world? And in the real world, it seems record companies don't sue podcasters, yet. Or not small ones...also they are more worried about people pirating whole tracks or albums, mixed tracks or DJ mixes tend to get a blind eye unless like Dangermouse they get big or pressed onto CD in 1000s.

Strictly you should get a license, but the current system is unworkable. This all might change with those nasty PRO-IP laws, which looks like another DMCA if I ever saw one - and thus is very bad news. Going after copyright ALWAYS leads to infringement of speech - ask those who get DMCA takedowns on YouTube for just 'quoting' someone's personal video to respond to; usually because that person takes stuff down and denies all knowledge and replies out of context make no sense.

Sadly there is no fair use...apart from the US.

[WyethDigital]

If any of the music is published, like BMI/ASCAP, then no you cant use it, unless you buy the license, and then you will have to pay for everytime you use it, just like a Radio Station. Even if it is a mix.

But there are different "rate cards" for different uses. Radio and TV have very friendly rate cards that make it affordable to play the music. This is in part due to mass market exposure for the company's property; and partly because radio/TV have an established money-making business model. In the eyes of big media, podcasters are at best a bunch of self-important hobbyists, and at worse people looking for yet another way to circumvent Fair Use and cheat them out of a sale.

Eric