Using music on a podcast...

[dc1971]

What is the name of your state (only U.S. law)? Pennsylvania

I produce a podcast that is available online. The contents of the podcast is a typical old school radio show where I spin records from my collection. I think I might have a problem however since a good portion of the music on my program is commercial and copyrighted. I don't have a lot of listeners and I'm not making money producing this podcast. Am I safe from copyright infringement or should I change my format to material that does not involve commercial music? Thank you.

 

[FlyingRon]

No, you may not be. The site must be licensed for the music. Some of the streaming sites already have the licenses, others you must obtian it yourself.


https://www.ascap.com/help/ascap-licensing (click the web/mobile button)

https://www.bmi.com/digital_licensing

 

[quincy]

What is the name of your state (only U.S. law)? Pennsylvania

I produce a podcast that is available online. The contents of the podcast is a typical old school radio show where I spin records from my collection. I think I might have a problem however since a good portion of the music on my program is commercial and copyrighted. I don't have a lot of listeners and I'm not making money producing this podcast. Am I safe from copyright infringement or should I change my format to material that does not involve commercial music? Thank you.

I agree with FlyingRon that your podcast needs to use licensed music.

Whether copyrighted material is published to a few or to many, and whether money is made from the publication or not, these factors do not prevent an infringement lawsuit or damages from being awarded against an unauthorized user, should the copyright holder sue. Those would only be considered as mitigating factors.

 

[dc1971]

Even if I post a disclaimer that I'm not the copyright holder or make a statement on the podcast that I'm not the copyright holder?

 

[FlyingRon]

Even if I post a disclaimer that I'm not the copyright holder or make a statement on the podcast that I'm not the copyright holder?

Why on earth would that make a difference? It's like going to a store and holding up a sign saying "THIS STUFF DOESN'T BELONG TO ME AND I'M NOT GOING TO PAY FOR IT" while you shoplift it.

 

[dc1971]

But I did pay for it, and now I'm playing what I paid for in a podcast! My library of music cost me a ton of $$$, I should be able to tell the world I love what I listen to!

 

[FlyingRon]

But I did pay for it, and now I'm playing what I paid for in a podcast! My library of music cost me a ton of $$$, I should be able to tell the world I love what I listen to!

You didn't buy performance rights. The music you bought was only for your personal use. The issue is that you are making both copies and publicly performing the music which requires those rights be paid for. You can tell the world whatever you want, but if you want to use the music you have to pay for it.

 

[dc1971]

Something needs to change. If I'm playing music for the purpose of having fun, it shouldn't have me worry about paying thousands of dollars! That's BULL****!

 

[Zigner]

Something needs to change. If I'm playing music for the purpose of having fun, it shouldn't have me worry about paying thousands of dollars! That's BULL****!

You can play music for fun all you want and that's not a problem.

Playing it on a podcast for others to hear, that's a problem.

If you don't like the law, lobby to change it. Just remember to wear a rain slicker, because you're going to be spitting in to the wind.

 

[FlyingRon]

I didn't come here to have some foul-mouthed snot nosed amoral thief cuss at me. Go rot in hell, I'm done helping you.

 

[dc1971]

You can play music for fun all you want and that's not a problem.

Playing it on a podcast for others to hear, that's a problem.

If you don't like the law, lobby to change it. Just remember to wear a rain slicker, because you're going to be spitting in to the wind.

I'm going to!

 

[quincy]

Something needs to change. If I'm playing music for the purpose of having fun, it shouldn't have me worry about paying thousands of dollars! That's BULL****!

When you purchase your music, you are not purchasing any more than the single copyrighted work. You are not purchasing the copyrights. These remain with the copyright holder.

The exclusive rights held by the creator of the work/copyright holder are the exclusive right to copy or reproduce the work, the exclusive right to display or perform the work, the exclusive right to distribute the work, and the exclusive right to prepare adaptations or derivatives of the work.

These rights allow for the copyright holder to make money from his time and energy and skill. Just like you don't work for free, neither does the creative artist (musician, writer, painter, choreographer, photographer...).

You may not like the laws that protect original and creative works - and you have made it clear you don't - but not liking these laws do not change them. If you do not want to be sued for infringement, obtain licenses to use the music.

 

[dc1971]

You can play music for fun all you want and that's not a problem.

Playing it on a podcast for others to hear, that's a problem.

If you don't like the law, lobby to change it. Just remember to wear a rain slicker, because you're going to be spitting in to the wind.

I'm not cussing at you. I'm cussing at the law. Sorry if I offended you. Truly sorry.

 

[Zigner]

I'm going to!

Ok, without the sarcasm that's obviously wasn't understood. It's the law. You can't just steal other people's property (and that's what it is, intellectual property.)

 

[dc1971]

Ok, without the sarcasm that's obviously wasn't understood. It's the law. You can't just steal other people's property (and that's what it is, intellectual property.)

I didn't steal it. I bought it. And I'm playing what I bought and showing my appreciation for what I bought!