Why your podcast is probably already illegal
By Richard Koman - March 2, 2005
By a strange series of links (starting with Scoble's Crossfader post), I see (via Mark May) that ASCAAP has updated its latest internet license to include a reference to podcasts. So podcasters are explictly included among those expected to shell out to play music. If you're not paying up right now, you're out of compliance. (Thus if the Grokster ruling is for MGM, the companies whose products you use to produce those 'casts would be liable for your actions, right?)
Mark figures the bill comes to $750 to performing rights organizations like ASCAAP, $42.50 per track to Harry Fox Agency for "mechanical rights" and a mystery figure you need to negotiate with the labels for "master use license" (they don't have to agree to give you the license either).
(Oh, btw, Crossfader is "a new online educational and collaboration community for electronic artists. Built by artists for artists, Crossfader will help you learn about the tools of trade [sic], promote your style, experience new genres and stay ahead of the technology curve.” Via Greg Yardley.)
By Richard Koman - March 2, 2005 | Permalink | Comment
| Category:
| SVW Toolbar | SVW Newsletter | SVW Mobile
- NEW STORIES:
- Intel Experiment Could Save Millions in Data Center Power Costs
- Will East Coast Flood West Coast in Search of Jobs?
- GOOG Founders Could Buy All US Newspapers and Still Have $12bn
- Microsoft in Bay Area Recruiting Blog Sites for AdCenter Ad Network
- Silicon Valley Rocks! Charity Event for Local Schools
- Fishwrap: Changing Media and PR . . . Plus a Great Pep Talk
- Top of my 2008 Watch: Berlin Based Plista . . . and Online Dopplegangers
- The "Experiential Gap" . . . and the Growing Cosmos of Twitter Applications
- FT Anger on AIG Bailout
- Shift Happens . . . A Visit With One of My Favorite PR Companies
Comments (3)
The podcasters who only use music that they have permission to use, as granted by the composers and performers, are not doing anything illegal. If you podcast music from places like Soundclick.com or garageband.com, where the performers and composers explicitly grant permission to copy and perform, using the Creative Commons licenses, you have nothing to worry about. It's only the people who think that because they bought a CD, that they have the right to podcast, who are in trouble. You have the right to listen to the CD with yourself and a few friends, nothing more. If you stay away from RIAA music, you will be o.k. But just to make sure, get a letter from the composers and performers just to make sure.
Posted: March 3, 2005 7:56 AM
As a musician on Soundclick, there are some considerations for and against looking through the online music distribution sites.
For: A lot of small groups will license their music using the Creative Commons License (especially at Soundclick). However, many more do not. And yes, it's probably smartest to ask permission just the same. Depending on the musician, you may get a flattered and enthusiastic yes or a very grumpy no. That's if you even get a reply. Don't worry though - it's only email.
Against: It's still copywrited. The musicians may not have the big names on their sides, but the law is fuzzy for and against both parties anyway. Also, some major artists do post material from their albums at places like what were mentioned. Other people like to use these sites to share the same illegal mp3s that the RIAA is after, and do so under the noses of the site owners. Others still perform unlicensed covers of protected music. Ergo, just because Moby is on Soundclick doesn't mean you can add the song to your cast and avoid trouble. Just because some guy covered Stairway to Heaven with a dulcimer and a tuba doesn't mean that's unprotected either. You have to be careful of issues such as those.
Anyway, I'll still leave on a positive note. www.creativecommons.org has links to many songs which are available for rebroadcast under their license. The only catch is that you have to give the artist credit by name. They have already given the permission blindly. You'd probably make their day and maybe gain a listener/contributor by firing off that email just the same.
Other OMDs to look into are:
www.purevolume.com
music.download.com
www.acidplanet.com (Be VERY careful here! There are a lot of legally submitted remixes which might not be legal for you to use.)
Posted: March 3, 2005 4:23 PM
Hello. I'm the one you cited in this article, and my name is Matt, not Mark. Thanks for citing my post.
Posted: March 25, 2005 12:45 PM