Podsafe Music for Your Podcast


While many musicians (and their record companies) are concerned about controlling the distribution of music so they can be sure that they're being compensated for each copy, there are other musicians who have other concerns. Some musicians are just getting started, and are much more interested in seeing their music get into as many ears as possible than in denying anyone the ability to download or copy their music. Some musicians get the majority of their income from concert gate revenues, and don't have a record deal, so they see recorded music as a marketing tool to get people into their concerts. Some people just have a view of music performance that includes letting people download or copy their music as much as possible, and donate money as they feel the musician deserves. All of these views (including that of the major record labels) are fine, and there are ways for each group to use copyright and licensing to enforce their particular view. We've already looked at the copyright side of things, so let's spend some time looking at music you can legitimately include in your podcast.

The first type of music people look for is that which carries a no-royalty license. You can find this type of music on CDs of music samples, websites, and on CDs attached to books and magazines. It will explicitly say in the text surrounding the music that it is available for use in any context without a royalty payment. You'll want to be sure that the license covers the type of podcast you're putting together (take special note of whether you're limited to non-commercial use), and you'll need to print out or keep a copy of the license allowing your podcast use just in case there's ever a question from someone who holds (or who believes they hold) the rights to the music.

Next comes music from sites where artists and bands upload their music in hopes of developing an audience and finding a record deal. There are people who will tell you that any music available for downloading from a site such as Garage Band (www.garageband.com) is legal to use in any podcast, but the laws don't support that view. There are some pieces of music that will be available for all uses; others that can be downloaded and listened to, but not used in other recordings; and still others that can be streamed, but not downloaded. Don't assume that a piece of music is podsafe; read the copyright notice and license that accompanies the audio file.

Some artists have their own websites where copies of their performances may be downloaded. By now, you should be getting the picture that music is copyrighted and limited to the most minimal uses unless additional rights are explicitly granted. That's the right picture. The artists will likely have something on their site that explains the rights they're grantingand if you have any doubt, contact the artist. If it's a startup group or artist, they might well allow you to include their music in a podcast, especially if you use a version of the performance that has a voice-over with the artist's name and title of the piece included in the sound file. If the artist refers you to their management or to one of the standard rights agencies then you may have a more serious job ahead of you to get the rights.

There are people who will tell you that a recording isn't copyrighted unless the © symbol, or a certain set of words (like, "Copyright the artist, 2005") is attached to the file. As you saw when we were discussing the copyright to your podcast, the legal rights to any work come into existence when that work is first recorded. It's always safest to assume that any work is distributed under the most restrictive license unless you see something to the contrary explicitly stated.

One of the more interesting new developments in rights statements is the Creative Commons, a system under which copyright holders allow others to use their work without going through a great deal of form-filling and royalty payment. When you're looking for music to include in your podcast, it's good to know that the Creative Commons logo means that you have a very good shot at being able to use the music in your podcast.

Figure 14.1. "Some Rights Reserved" means that the author allows you to use the work through the terms of the Creative Commons license.


There are several standard Creative Commons licenses. Each comes with three components: a logo that is attached to the file and hosting website, an easily human-readable version, and the full legal text. You're most likely to see one of three versions of the Creative Commons license (out of six possibilities).

  • Attribution is the most liberal option. As long as you give proper credit to the author, you can use the work in just about any way you want, even if you include it in a commercial podcast.

  • Attribution Share-Alike allows you to use the work as you wish as long as you give proper credit to the author and license your resulting work under the same termsan important limitation if your podcast is commercial.

  • Attribution Non-Commercial says that you can use the work in any way you want, as long as you give proper credit to the author, with the exception of commercial workin other words, you can't make money off of the license-holder's work.

Figure 14.2. The symbols for three Creative Commons licenses: Attribution, Attribution Share-Alike, and Attribution Non-Commercial.


The Creative Commons is a way for authors to allow their work to spread while maintaining some control over its use. It's very exciting to see the use of Creative Commons licenses when you're looking for works to include in your podcast.



Absolute Beginner's Guide to Podcasting
Absolute Beginners Guide to Podcasting.
ISBN: B001U8C03Q
EAN: N/A
Year: 2004
Pages: 167

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