Previously, I covered the inquiry ” Why Can Not I Play Songs on My Podcast?”
Today, I just intend to make clear another misnomer I usually listen to, which is concerning “Fair Usage.” It will usually remain in the form of ” It’s OK if I only play 15 or 20 secs of a tune, right?”
Currently, once again, before I enter this challenging concern, let me begin this answer with this legally vital statement.
I am not a legal representative. I do not supply lawful recommendations. The info I am providing below need to not be taken into consideration as legal recommendations. I am only offering this as my point of view on this subject. If you genuinely would like to know the lawful side of this problem, I urge to look for out a qualified lawyer in your area.
OK, currently that has been covered, allow me get back to the concern, ” Can I Play Music Under Fair Usage Rules?”
This is a term where you are permitted to play a limited amount of copyrighted music without details consents of the copyright owners. But, this is an obscure rule and also is typically translated on a private basis. You will not recognize for sure if you what you are doing is lawful or not till AFTER you are taken to court and a judge regulations on your specific instance.
Yes, it is that unclear …
In a nutshell, there are a few factors that will certainly operate in your support …
One, is if you are doing a testimonial of some type. Let’s state your podcast reviews the current songs releases or something like that. You are probably OKAY to play a brief (and I indicate very short) snippet of music to review. Allow’s say a drum solo concerning half method via the tune. Something like that “could be OK.” Notification – I said “might.” Not that it IS OK.
When brought to justice, if this is all the copyright holder carries you, it will possibly go well for you. However then, you need to consider the price entailed just to be authorized to play that little 20-30 second clip of music. It possibly would have been more affordable to just purchase the copyright. I imply, attorney and also legal costs, time involved. Travel, depositions, etc.
” Well, bro Bob, I’m simply a little podcaster and also I do not have that many individuals following me. Undoubtedly, they will not waste their time going after me, right?”
When you first begin out, you may just have a handful of fans. However there is no podcaster I recognize that doesn’t follow their download numbers as well as is constantly expecting even more. What takes place if, 6 months from now, your podcast goes viral?
Every customer has access to all of your episodes. If one of those simply occurs to be among the musicians in the music on your podcast, they may make a decision to see if you are really paying their nobility cost. They gained it. It is part of their earnings. You are legally called for to pay it.
In this instance, due to the number of downloads you have actually now received, the court “could” hold you responsible for problems. Just how much? (Once again, in my best legal representative voice … that depends … ).
If you are an exclusive, non-commercial podcaster who was really acting in good faith and not attempting to market the tune, brand name the track, etc. You might just be fined about $500 But – it rises from there!
If you were using it a commercial venture, such as component of your coaching program, etc., the fines can be up to $150,000 or extra.
As well as let me include, that is $150,000 PER TUNE!
In some cases, the courts have determined there is a fine PER EPISODE the tune played in!
Now, I’ll simply use my podcast, ” The Kingdom Cross Roadways Podcast,” as an instance. For the record, I utilize music that I have the civil liberties to. Yet, let’s simply say I chose a track from one of my favored groups as well as made use of a short 30 second clip in the open and also close. That is 2 uses in each episode. I have more than 900 episodes. That is 1,800 uses.
Even at $500 great per usage, (the lower end of the fine spectrum) I would certainly be considering $900,000 in penalties if I was condemned of willfully breaching the copyright as well as royalty regulations. I am not claiming this is the fine I would receive. Yet this is the amount I could be facing if I was brought to justice and found guilty of on purpose breaking the regulation.
This is why, for my podcast training clients, I stress how essential it is to buy the civil liberties to utilize the music when creating their introduction’s as well as outro’s. Or to utilize “Aristocracy Free Music” which you are doing the same thing via the systems that supply that music. MAINTAIN THE LICENSES on data! Just in instance.
My finest advice is to simply follow the regulation, invest the cash to purchase the legal rights in advance, as well as you will be ALRIGHT.