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Beforehand, I lined the query “Why Cannot I Play Music on My Podcast?”
As we speak, I simply wish to make clear one other misnomer I usually hear, which is about “Truthful Use.” It would normally be within the type of “It is OK if I solely play 15 or 20 seconds of a music, proper?”
Now, once more, earlier than I get into this tough query, let me start this reply with this legally vital assertion.
I’m not a lawyer. I don’t supply authorized recommendation. The knowledge I’m offering right here shouldn’t be thought-about as authorized recommendation. I’m solely providing this as my perspective on this subject. For those who really wish to know the authorized aspect of this subject, I urge to hunt out a professional legal professional in your locality.
OK, now that has been lined, let me get again to the query, “Can I Play Music Underneath Truthful Use Guidelines?”
This can be a time period the place you’re permitted to play a restricted quantity of copyrighted music with out particular permissions of the copyright holders. However, this can be a imprecise rule and is usually interpreted on a person foundation. You’ll not know for positive for those who what you’re doing is authorized or not till AFTER you’re taken to court docket and a choose guidelines in your particular person case.
Sure, it’s that imprecise…
In a nutshell, there are a number of elements that may work in your favor…
One, is in case you are doing a overview of some kind. As an instance your podcast evaluations the newest music releases or one thing like that. You’re most likely OK to play a brief (and I imply very quick) snippet of music to debate. As an instance a drum solo about half method by way of the music. One thing like that “is perhaps OK.” Discover – I mentioned “may.” Not that it IS OK.
When taken to court docket, if that is all of the copyright holder has on you, it can most likely go effectively for you. However then, it’s essential to take a look at the fee concerned simply to be accepted to play that little 20-30 second clip of music. It most likely would have been cheaper to only buy the copyright. I imply, lawyer and authorized charges, time concerned. Journey, depositions, and so on.
“Properly, brother Bob, I am only a small podcaster and I haven’t got that many individuals following me. Certainly, they won’t waste their time going after me, proper?”
While you first begin out, you might simply have a handful of followers. However there isn’t a podcaster I’m conscious of that does not comply with their obtain numbers and is all the time hoping for extra. What occurs if, six months from now, your podcast goes viral?
Each subscriber has entry to your entire episodes. If a kind of simply occurs to be one of many artists within the music in your podcast, they might resolve to see in case you are really paying their royalty payment. They earned it. It’s a part of their revenue. You’re legally required to pay it.
On this instance, due to the variety of downloads you may have now acquired, the court docket “might” maintain you chargeable for damages. How a lot? (Once more, in my finest lawyer voice… that relies upon… ).
In case you are a personal, non-commercial podcaster who was really performing in good religion and never making an attempt to market the music, model the music, and so on. You possibly can solely be fined about $500. However – it goes up from there!
For those who have been utilizing it a business endeavor, akin to a part of your teaching program, and so on., the fines may very well be as much as $150,000 or extra.
And let me add, that’s $150,000 PER SONG!
In some instances, the courts have decided there’s a effective PER EPISODE the music performed in!
Now, I will simply use my podcast, “The Kingdom Cross Roads Podcast,” for example. For the file, I exploit music that I’ve the rights to. However, let’s simply say I picked a music from one in every of my favourite teams and used a brief 30 second clip within the open and shut. That’s two makes use of in every episode. I’ve over 900 episodes. That’s 1,800 makes use of.
Even at $500 effective per use, (the decrease finish of the effective spectrum) I’d be $900,000 in fines if I used to be discovered responsible of willfully violating the copyright and royalty legal guidelines. I’m not saying that is the effective I’d obtain. However that is the quantity I may very well be dealing with if I used to be taken to court docket and located responsible of willfully violating the law.
Because of this, for my podcast coaching shoppers, I emphasize how vital it’s to buy the rights to make use of the music when creating their intro’s and outro’s. Or to make use of “Royalty Free Music” which you’re doing the identical factor by way of the platforms that present that music. KEEP THE LICENSES on file! Simply in case.
My finest recommendation is to easily comply with the law, spend the cash to buy the rights up entrance, and you can be OK.
