Why can’t I play music on my podcast?
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Why can’t I play music on my podcast?

This is a question I am often asked by those who have just launched their podcasts. It is a very important question and one that also has legal ramifications. So let me start this answer with this legally important statement.

I am not a lawyer. I do not offer legal advice. The information I provide here should not be considered legal advice. I only offer this as my perspective on this topic. If you really want to know the legal aspect of this problem, I recommend that you find a qualified attorney in your area.

Okay, now that that’s been covered, let me get back to the question, “Why can’t I play music on my podcast?”

The answer is: you CAN play music on your podcast! The only qualification is that you must own the copyright to the music. In other words, it must be music created by you. That means writing the music, the lyrics and performing or recording it. With no one but you in the music.

Now that we’ve eliminated 99.99% of the audience from that category of music professionals, let’s tackle the rest of us on how WE can play music on our podcast.

First, a quick background.

Radio stations involve broadcasting music to their listeners. If you’re paying royalties and licensing fees to the big companies that handle this kind of stuff in the US, you have the ability to stream music that’s released in the US. If you pay Sound Exchange, you have the right to publicly perform music that is released in the United States. It is these rights that allow you to perform Internet broadcasting or “Internet Radio” type of operation.

I say “United States” because each country has its own copyright and royalty laws and laws and organizations.

Which also means that just because you have permission to reproduce (broadcast) this in the United States, you have no right to do so abroad.

This is where it gets complicated for online platforms like podcasts.

To further complicate things, podcasts are not considered “streaming platforms.” They are also not considered “public performances”.

According to the “Copyright Law”, a recording does not imply the right of public performance, but rather covers the right to “reproduce” the work or sound recording.

Then, to go a step further, as the music blends in with the other parts of your podcast (ie speaking, teaching, etc.), you’ve changed the fundamental purpose of the music from its intended creation and repurposed it. for your spent. This invokes a different kind of copyright. Now you need the right to change it, which is called “master rights”.

You’ve heard modern versions of old songs we loved as kids, right? These artists got the “master rights” to do this. Master rights must be purchased individually from copyright holders. That is usually the music publishers and the record company for the sound recording. You must negotiate with each of them for each song you want to use.

In the next segment, I’ll talk about that annoying little “Fair Use” phrase. You know, like just using 15 or 20 seconds of your favorite song in your intro or outro.

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