Can I Play Music On My Podcast Below the Honest Use Rule?
Beforehand, I lined the query “Why Cannot I Play Music on My Podcast?”
In the present day, I simply wish to make clear one other misnomer I typically hear, which is about “Honest Use.” It’s going to normally be within the type of “It is OK if I solely play 15 or 20 seconds of a track, proper?”
Now, once more, earlier than I get into this difficult query, let me start this reply with this legally necessary assertion.
I’m not a lawyer. I don’t provide authorized recommendation. The data 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 facet of this challenge, I urge to hunt out a professional lawyer in your locality.
OK, now that has been lined, let me get again to the query, “Can I Play Music Below Honest 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 commonly interpreted on a person foundation. You’ll not know for positive when you what you’re doing is authorized or not till AFTER you’re taken to court docket and a decide guidelines in your particular person case.
Sure, it’s that wave…
In a nutshell, there are just a few components that can work in your favor…
One, is in case you are doing a assessment of some kind. To illustrate your podcast critiques the most recent 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. To illustrate a drum solo about half method by the track. One thing like that “could be OK.” Discover – I stated “may.” Not that it IS OK.
When taken to court docket, if that is all of the copyright holder has on you, it’ll most likely go properly for you. However then, you should take a look at the fee concerned simply to be authorised to play that little 20-30 second clip of music. It most likely would have been cheaper to simply buy the copyright. I imply, lawyer and authorized charges, time concerned. Journey, depositions, and so on.
“Effectively, 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?”
If you first begin out, you could simply have a handful of followers. However there is no such thing as 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 all your episodes. If a type of simply occurs to be one of many artists within the music in your podcast, they could determine to see in case you are really paying their royalty price. 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 could have now obtained, the court docket “might” maintain you answerable for damages. How a lot? (Once more, in my finest lawyer voice… that relies upon… ).
If you’re a personal, non-commercial podcaster who was really appearing in good religion and never attempting to market the track, model the track, and so on. You may solely be discovered about $500. However – it goes up from there!
For those who have been utilizing it a industrial 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 circumstances, the courts have decided there’s a superb PER EPISODE the track performed in!
Now, I am going to simply use my podcast, “The Kingdom Cross Roads Podcast,” for instance. For the report, I exploit music that I’ve the rights to. However, let’s simply say I picked a track from considered one 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 superb per use, (the decrease finish of the superb spectrum) I’d be taking a look at $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 superb 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 regulation.
Because of this, for my podcast coaching shoppers, I emphasize how necessary 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 the platforms that present that music. KEEP THE LICENSES let’s go! Simply in case.
My finest recommendation is to easily comply with the regulation, spend the cash to buy the rights up entrance, and you can be OK.
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