Podcast legal background music

Can I Use Music In My Podcast? Clear and Easy Answers

  1. In general, music is protected by copyrights. Don’t infringe them.
  2. There are no exceptions for short or heavily remixed samples.
  3. There is a Set of Principles in Fair Use for Journalism.
  4. Many free samples available under Creative Commons license
  5. Professional samples can be purchased inexpensively.

An effective podcast episode needs to have music samples. We have covered this in our article containing planning tips for podcast episodes. In this article, we will discuss what kind of music is allowed to be used on a podcast.

Why I can’t play music on a podcast?

Due to the provisions of the law and court rulings majority of the available music, unless specified otherwise is protected by copyrights.

The reuse of a fragment or entire piece of music is called music sampling. Protected by copyright are also all components of a song, so the sample also refers to rhythm, melody, speech, etc.

Can I legally play popular music on my podcast?

It is technically possible. But a legal sampling of popular music can be extremely expensive. The process of getting permission is known as clearance. This process can be complex and costly.

Sampling without permission can infringe copyright. While you probably won’t face serious legal and financial repercussions your episodes may be taken down and you risk your podcasting directories to remove you from listings.

What is the time limit for the sample to be within fair use?

There is no limit or threshold. There are many rumors and myths about music samples being within fair use for podcasting if the used fragment is less than two seconds. This is not true. Any usage of protected material can infringe copyrights.

Can I use the music sample for the podcast if it is altered and not easily recognizable?

No, unfortunately, you can’t. Court rulings in the early 2000s on music sampling effectively eliminated the usage of fair use for a very small, altered part of the sample. It does not matter if the sample is basically unrecognizable.

Can a music sample be used in remixes and arrangements?

No, it is the same situation as described above. Taking a sample and rearranging it without clearance would still violate copyright.

If you are looking for a good software for combining audio samples with your recorded voice over, check out this our recommendations on best podcast editing software.

Can a sample be used in the ad of the product I’m promoting for a sponsor?

It can’t even if the sponsor of your show has used this sample in any other commercial you heard publicly. If your sponsor asks you to emit any specific ad already recorded with samples make sure that the sample has been cleared.

Endorsing a product with a protected sample not only may infringe the copyrights but also can violate the right of publicity. This is because it may give the impression that the author of used music endorses the product also. The usage of samples in ads requires an additional type of clearance.

In what types of situations fair use can be applied for music samples?

You could potentially use music samples for the purpose of parody. But you have to be careful. Samples can be used if you are parodying the piece itself, criticizing the product, author, text or any other component of the work.

You can’t, however, create a parody podcasts making fun of general issues. Court rulings, in this case, have distinguishing parodies of the piece from broad satire, where you criticize e.g. some social aspect of society not directly tied to the sample you are using. Since you can express this satire without using some specific sample usage of samples in broad satires is prohibited.

One more area where sampling music could not infringe copyrights is the use of samples for educational purposes. Again you will have to be careful here, make sure that your podcast is for the educational purposes and its availability for the general public is limited. It would be best if you had a closed audience group for this kind of usage.

Can I use parts of interviews on my podcast within fair use or will this violate copyrights?

Using parts of the interviews is in principle governed by a document called “Set of Principles in Fair Use for Journalism”. This document regulates behaviors for both full-time professional and amateur individuals who report on issues. The definition of journalism is inclusive reflecting in our case the situation that through available technology every podcaster can be a journalist.

Most applicable fair use cases of otherwise copyrighted material for podcasters are:

  • As documentation and proof that something has actually happened,
  • For the purpose of reporting, criticizing, commenting events and cultural phenomena,
  • As part of reporting and analysis to provide wider context and background,
  • As a historical reference to show how in the past events have unfolded,
  • For the promotion of public discussion,
  • To add value. When you use someone else’s reporting or summaries when they are as important to the understanding of the story as the pure events themselves.

What are the sources of music to be legally used on my podcast?

There are few solutions to get music for your podcast:

  • You can use free samples under the Creative Commons license.
  • You can license inexpensive samples on dedicated sites,
  • If you have music experience you can compose and record your own samples,
  • You can order some to prepare samples for you.

Let’s focus on licensing inexpensive samples and Creative Commons license as those are the fastest and most affordable options for podcasters.

What are Creative Commons?

In the early 2000s, Creative Commons (a global nonprofit organization) was founded and has released a set of licenses to the public. Those licenses enable sharing and reuse of various content and resources including music samples.

This was an answer to strict court’s rulings where the approach that “all rights were reserved” was becoming dominant.

Under Creative Commons, you can find samples where only some rights are reserved. Very often there will be sources where the license will allow you to use the music sample without any limitations.

Creative Commons is also a good source of images for you to use when you are working on a logo for a podcast or looking for images on your website dedicated to podcasts.

Where can you find music samples under Creative Commons licenses?

There are multiple sites offering a lot of free resources for you to use for your podcast. Most popular with large easily accessible libraries are:

  • ccMixter
  • Freesound
  • Opsound
  • Free Music Archive

When you find a clip you like and want to use just double check if it has the necessary license.

Buy a bundle of voice samples suiting your podcast style

If free samples won’t meet your need there are quality premium music samples available at:

  • gettyimages.com/music
  • jamendo.com

More advances bundles of samples available legally can be purchased on sites like Producer Bundle. You will receive a license and will be able to use all the samples in the provided package according to your podcast’s needs. Those are really inexpensive purchases that can solve your long term issues. Also for most podcasters needs one bundle will most likely be enough for one entire show.

A good voice samples can help to build and reinforce your brand. If you want more tips how can you establish a strong brand check out: 10 step strategy for building a podcast brand and getting more listeners.

In conclusion

  • Don’t use music samples of popular music on your podcast,
  • Make sure you have rights to the audio track you want to use,
  • As clearance for sampling music for popular songs can be complex and expensive avoid this altogether,
  • There are sets of rules allowing for fair use of samples for purposes of journalism. If you want to use a sample be absolutely sure your use fits the rules. Don’t overinterpret them for your benefit,
  • If you find a free music sample online check if the sample is available under Creative Commons license agreements,
  • Don’t take unnecessary risks. Don’t risk getting your podcast taken down. There are professional sounding music samples available online at a very affordable price.
About the Author
Chris Land

Chris Land

I'm the owner and creator of ImprovePodcast.com, the site dedicated to providing actionable solutions for podcast creators. My goal is helping people to develop their podcasts into effective marketing and sales tools.

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