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Let's talk a little now about podsafe music (music you can use in your podcast) and copyrighted music (which you can't use without permission.
NOTE: I’m not a lawyer and the following should not be considered legal advice.
I’m sure you want to know if you can use your favorite Beetles song in your intro or a nice classical piece in the background of your podcast.
Here's the short answer. If it’s not your own music or if you don’t have permission from the creators/owners of the music, then don’t use it. If you use music that is copyrighted, then you risk legal problems.
How can you tell if something is copyrighted? Copyright laws can be complicated. Just because there is no copyright notice doesn't mean it's fair game. It’s not always clear if a work is protected. When in doubt, don’t use it.
If music is considered public domain, you're probably free to use it. This is the case with some older songs.
The conditions could include any or all of the following:
To learn more about Creative Common music go here.
• Garageband
• Podsafe Music Network
• Association of Music Podcasting
Here are the four factors used to decide if your usage of a work is fair use or not:
In the end, the best policy is to play it safe and consult a lawyer before you use a work if you have any doubt. More info on copyright, public domain and fair use is available here.
I’m sure you want to know if you can use your favorite Beetles song in your intro or a nice classical piece in the background of your podcast.
Here's the short answer. If it’s not your own music or if you don’t have permission from the creators/owners of the music, then don’t use it. If you use music that is copyrighted, then you risk legal problems.
How can you tell if something is copyrighted? Copyright laws can be complicated. Just because there is no copyright notice doesn't mean it's fair game. It’s not always clear if a work is protected. When in doubt, don’t use it.
If music is considered public domain, you're probably free to use it. This is the case with some older songs.
Creative Commons Music
In the middle of the spectrum is creative commons music. With creative commons, the creator has given permission to use the work with certain conditions.The conditions could include any or all of the following:
- You have to give the creator credit
- You cannot change the work
- You cannot use it for commercial use
To learn more about Creative Common music go here.
Where to Find Podsafe Music
Here are some sources of podsafe music:• Garageband
• Podsafe Music Network
• Association of Music Podcasting
Fair Use
You may have heard of something called "fair use". Fair use allows for the usage or citation of copyrighted works without permission in certain instances.Here are the four factors used to decide if your usage of a work is fair use or not:
- If your use was commercial in nature or for educational and non-profit use
- What kind of copyright work you used
- How much of the work you used
- What affect your usage has on the market or value of the work
The Truth About What is Podsafe Music
There are many myths about what is podsafe music. Here's the truth about copyright materials:- Even if you give credit you still need permission to use a song
- Even if you only use a small piece of the music you need permission (using 30 seconds or less is not necessarily considered fair use)
- Even if you use it for non-profit or educational purposes you still need permission
- Even if you just use it in the background and talk over it you still need permission.
In the end, the best policy is to play it safe and consult a lawyer before you use a work if you have any doubt. More info on copyright, public domain and fair use is available here.