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Is it illegal to podcast copyrighted music?
New Communications Forum: Podcast Music Licensing Not as Financially Daunting as Bloggers Surmise.
Podcasts, podcasts everywhere - but is your podcast already illegal? That was the discussion opened on the Silicon Valley Watcher site earlier this month. However, while the article titled "Why Your Podcast is Probably Already Illegal" brings up the important issue of podcast music licensing, its quoted music license fee calculations were inaccurate.It is true that podcasters, in order to play popular music in their podcasts, must pay a fee for the right to play these tunes. If you are a podcaster playing popular tunes in their entirety during your podcast but have not paid for a music license then, yes, your podcast may already be illegal. However, the article's quote that the cost to obtain a license is more than $750 is over-inflated. ...
March 18, 2005 at 08:27 PM in Music, Podcasting | Permalink
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Comments
Thank you for posting this link, JD. I'm always searching for licensing info. for a forum I moderate.
By the way, congrats on the Grand Opening of Ourmedia.org!
Posted by: Harold J. Johnson | Mar 21, 2005 2:04:23 PM
I'm the one cited (as Mark May... grr...) in the Silicon Valley Watcher article.
In order to license oneself with ASCAP, BMI and SESAC as a webcaster (which they think includes podcasters), then you have to pay them what they demand ($288 to ASCAP, $283 to BMI, $168 to SESAC) to be covered by them. It appears that I misread the BMI contract, and it is prorated based on when a webcaster starts -- but it also commits you to pay them through 2007, and adjusts for inflation each year. Yes, you can license only one PRO if you like, but that's still $280 a year, even for podcasters who never intend to make a dime on their shows.
In fact, the figure of $750 is a large understatement of what the actual costs are. That's just to satisfy the PROs. Even prorating BMI and ignoring SESAC comes out to about $500 for 2005. We are still well above chump change, and we're not done yet.
Harry Fox will charge you $42.50 per track used for the first 500 downloads, because they think you're engaging in reproduction, not broadcasting. And, as I said on my blog, that doesn't even get into the hornet's nest that is the record label itself. They think you're making copies as well, and that means you need to seek a license from them. They are free to seek any terms they wish. And they can refuse to license you at all. I know of one or two podcasters who have licensed individual tracks or bands from labels on a promotional basis, but the reality is that the labels at this point can simply shut you down, or charge more than it's worth for any podcaster.
Posted by: Matt May | Mar 25, 2005 12:37:12 PM
Which is why you might consider using audio licensed under Creative Commons, as it's (often) free from all of the above restrictions. Try Magnatune.com.
Posted by: Ian | May 4, 2005 12:16:01 PM
Very interesting ... but what if I want to make available new and archived copies of a weekly Radio program. The licensing is paid by the station itself for the original broadcast. The songs are segued (artfully mixed one to the next) and I talk over some intros, so none could be extracted individually. Do I need a separate BMI, ASCAP, etc.?
Posted by: Rusty Faust | May 6, 2005 2:22:53 AM
And what if I'm not playing music in its entirety? Say that I'm including a 20-second snatch of music as background, intro, or exit material. What licensing requirements apply then?
Posted by: Paul Robichaux | Jun 30, 2005 12:05:50 PM
In the past, whether a song was played on the radio, in a restaurant or included in a commercial, I can see how Performing Rights Orgs had a right to charge because people were making money off these songs. But the podcasters who have no interest in selling advetising or making any money off their shows should not have to pay. It's liking charging high school students using a cd player at their high school dance. Whether a profit is being made should be the key as to whether the PROs should charge. Otherwise, they risk looking like greedy opportunists trying to get blood out of a turnip!
Posted by: W Gima | Jul 2, 2005 8:40:13 PM
If someone creates a "podcatcher" that only plays and pauses, and distributes it widely, would it not create a medium to play podcasts that doesn't involve Harry Fox Agency? Isn't the issue rewinding?
Posted by: Me | Aug 17, 2005 9:20:35 AM
I would just like to say it is not illegal to use copyrighted music in podcasts… it is illegal to use un-licensed copyrighted music in podcasts!
In a nutshell mainstream music is too costly for most podcasters who wish to be legitimate and obtain a license. If you are making loads of money from your podcast may be you can afford it, otherwise it is the privilege of big broadcasters.
Although not traditionally the best in quality I would suggest looking at royalty free music, there are some good sellers emerging. A word of caution about royalty free music… much of the Royalty free music available is not actually royalty free when you check the small print!
You need 100% royalty free for podcasting with all rights covered in the license fee. If the small print mentions filling in cue sheets for broadcasts it is not 100% royalty free. Not many people realise this but if cue sheets are mentioned additional licenses may be required before broadcast. This could be a major amount of money for a highly successful poadcast.
Lee Pritchard
Project Director
www.MediaMusicNow.com
Posted by: Lee Pritchard | Jun 25, 2006 5:24:49 PM
One problem with royalty free music (AKA library or stock music) is the artist does not retain control of the copyright. Artists who create this type of music usually do it under a work-for-hire arrangement; the company who hires the artist usually retains full ownership rights to the copyright.
Because many podcasters are not generating revenue from creating podcasts, there needs to be an affordable solution that benefits both the podcaster by offering high-quality music and the artist who creates the music by receiving a share of the license fee.
The podcaster gets high-quality, legal music for their podcast and the artist receives promotion and compensation. It's a win-win.
Matt Propeck
Catalog Director
www.MusicLicensingStore.com
Posted by: Matt Propeck | Oct 5, 2006 11:31:31 PM
this site is awsome!!!!!!!!!!!!!!!!!
Posted by: steph | Dec 25, 2006 5:25:25 PM
Is there a way to license just a few songs? That is, instead of paying fees to access all of bmi, ascap, etc. Is there a way to purchase the right to podcast songs individually? I'd love to dissect a few classical pieces on my podcast, but don't need coverage for all my podcasts.
Ideas?
Posted by: Ellie | Feb 25, 2008 1:53:20 PM
When it comes to opening music / theme music for your podcast, it's by far (in my humble and highly motivated opinion) to get your own music, either by making it yourself or egtting it done for you. It's nowhere near as expensive as the royalities you'd pay for the music owned by someone else, you can specify exactly what you want, and then it really individualizes your podcast. A few sites offer the service, including my new one being built at www.podcastermusic.org
Posted by: Glenn Peoples | Apr 23, 2008 3:14:50 AM
