In November 2019, we revealed a company called Pex which is automatically scanning podcasts for unauthorised music. We hear that even if you do have licences for music, Spotify will normally remove your shows anyway. In this case, the podcaster was thrown off, lost all his listeners on Spotify, and was given no warning nor opportunity to appeal. In August 2019, we received an email from a podcaster who was chucked off Spotify for using commercial music without agreement. They threatened the podcasts with legal action, and, as one of the podcasters pointed out, “if the RIAA actually sues for damages, they will be coming after my personal savings, my retirement, and my house. Well, there’s the RIAA action we mentioned above, in October 2020. So, I can’t use any commercial music, then? This is unavailable to anyone not already spending millions on music in the first place. Some are probably winging it, knowing that they spend a lot of money on music use anyway. Some have spent lots of money with their lawyers working under fair use provisions. Some publishers managed to negotiate some use of short clips of commercial music for podcasts as part of their much larger music licence. Large broadcasters spend millions on their music licensing. What about the BBC? I occasionally hear short clips of music in their podcasts. There’s no minimum duration under which it’s all okay. No talking over the intro.īut I’m using less than ten seconds long and that’s okay isn’t it?
#Background music for podcast full#
But the drawback is that you won’t find The Rolling Stones, Adele or AC/DC on. This offers more than 10,000 tracks from independent artists, and licences from as low as $55. In February 2021, we spoke with which offers commercially-available music and a global licence for podcasters. The biggest of which: right now, no licences are available, more than two years later. Podnews looked at the details in full, and there are many caveats. In August 2019, there was news from a company called Podcast Music. (Fill this in now you won’t lose your place!)īut it must be possible to get licences from somewhere? Ensure that it covers everything you need, including use of the recording. The same may be relevant for other “music licences” you buy in other countries, such as (for example) from PRS for Music in the UK. What a rort! These blokes aren’t fair dinkum! (etc) This Australian collection agency licence doesn’t cover use of music recordings. It isn’t enough.Īnd as we were told by a music supervisor, in most cases, an artist they actually can’t give you permission, since they signed a contract with publishers and record companies. The RIAA (who work for US record companies) has shut down podcasts that claimed to have the permission of the artists. The artists are just one part of the equation you also need the permission from the record company, from the composers of the music, the publishers of the music, and in many cases a “mechanical” and “sync” right to allow you to copy the material. A simple guide like this is most responsible, in the meantime, by simply saying 'no’.īut I have the permission of the artists! I think you’re best to talking to a copyright lawyer to ensure that your understanding of fair use fits with the law. They say that as long as you’re confident it falls under fair use legal interpretation, that is entirely within your rights. However, two US university professors with specialism in this area have given Podnews a guide on how best to take advantage of 'fair use’. If you’ve got that far, you’ve already spent a lot of money in legal costs. It’s up to you to prove that your use was 'fair’ and not an infringement. It’s an affirmative defence you use in court, which are normally decided on a case-by-case basis. Well… “Fair use”, or “fair dealings”, is different across the world. You don’t have the right to use any commercial music on your podcast.
There’s a lot of misinformation about this in internet forums and chat rooms. Can I use commercial music in my podcast?
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