Every podcast uses music in some aspect of the production. The proper use of music is important as getting on the wrong side of copyright laws can land you in hot water fast. There is no loophole to get around the use of copyrighted media without purchasing the rights to use the work or obtaining permission from the copyright holder. Luckily, there are a number of ways you can obtain access to media for use in your production, both paid and free. There are also a variety of stock music and sound effects sites that allow you to purchase copyrighted materials. Do a search for stock audio and find the one that best fits your needs.
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Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
Be Careful, Music Can Land You in Hot Water!
1. Be Careful, Music
Can Land You in Hot
Water!
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2. Every podcast uses music in
some aspect of the production.
The proper use of music is
important as getting on the
wrong side of copyright laws can
land you in hot water fast.
3. There are some very dangerous
misconceptions that are floating
around out there.
4. Many say it is OK to use
copyrighted music if you use 30
seconds or less. If you have not
obtained the rights to use a
piece of copyrighted material, it
is illegal to use it in any form.
5. Another myth is that it is OK to
use copyrighted materials as
long as you provide appropriate
attribution to the original artist.
6. This is untrue. Providing credit to
the copyright holder does not
give you permission to use their
work without permission and/or
compensation.
7. Some people think that if your
podcast isn't available to the
general public and doesn't make
you any money, you are free to
use whatever media you wish.
This is another false statement.
8. Fair use is a legal principle. It
states that the public is entitled
to freely use portions of
copyrighted materials for the
purpose of commentary and
criticism.
9. This is true. You can discuss a
copyrighted work on your
podcast, but fair use does not
give you the right to actually
play clips of material or music
without getting permission.
10. People believe that if there is no
copyright notice, it means you
can use the music. This has not
been true since March 1, 1989.
11. Many think that if they are
adapting the music and changing
it a bit that they don't need to
worry about violating copyright
laws. This is false.
12. Copyright laws give the owners
the exclusive rights to control any
modifications to their work. if you
add a new layer of copyrighted
material to an existing work, you
need permission.
13. Public domain only refers to lack
of copyright protection. But a
work can be protected by other
legal theories that survive after a
copyright expires.
14. It doesn't matter how easy it is
for users to upload or download
information on the internet.
15. Anonymous and pseudonymous
works are protected from
unauthorized copying. You must
get consent of the copyright
owner before using the materials.
16. Copyright owners have the right
not to grant you permission. If
what you need is crucial to what
you are doing, it is better to ask
permission now than find out later
you cannot be given permission.
17. Not having permission can result
in your work being blocked or the
payment of thousands of dollars
in copyright damages and
attorney fees .
18. Many point to the age of a piece
of work and say that gives them
the right to use the work.
Unpublished and unregistered
works may still be protected.
When in doubt, check it out.
19. There is no loophole to get around
the use of copyrighted media
without purchasing the rights to
use the work or obtaining
permission from the copyright
holder.
20. Luckily, there are a number of
ways you can obtain access to
media for use in your production,
both paid and free.
21. Your first option is to license the
rights to the music or sound you
want to use. Licensing requires
you to purchase the permission to
use the copyrighted material.
22. There are a variety of stock music
and sound effects sites that allow
you to purchase copyrighted
materials. Do a search for stock
audio and find the one that best
fits your needs.
23. One method is to go after
materials covered by Creative
Commons. This is an open
licensing standard that allows
content creators to share their
work under clear terms.
24. Assets under creative commons
will break down how you can and
can't use the work. As long as
those rules are followed, you are
free to use this type of media.
25. Any media created by a federal
US government agency or
employee, as part of their official
duties, can be used.
26. You can also use any work that is
in the public domain. A work is
considered public domain if its
copyright has expired or the artist
has dedicated their work to the
public domain.
27. Before you use any music from
the public domain, check into the
other issues previously
mentioned.
28. The most sound advice is to
purchase a license from a stock
audio website. This will ensure
that any audio files you use in
your podcast were obtained
legally.
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