?copyrighted songs in podcasts

Guest

Can you include copyrighted songs in a podcast? Or will you get in trouble with the "piracy police". Does anyone know the legalities of what can and cannot be included? Is it the same rules that a radio station or broadcaster must follow?
Sissy

Site Admin Joined: 26 Aug 2004 Posts: 106

Sissy wrote:

Can you include copyrighted songs in a podcast? Or will you get in trouble with the "piracy police". Does anyone know the legalities of what can and cannot be included? Is it the same rules that a radio station or broadcaster must follow?
Sissy

My initial reaction is that like software copywritten material is protected, that said I know that a number of fledgling bands have released "demos" or "songs" that they are encouraging the public to distribute so that they gain exposure. In these cases where the artist (musician) has given their implicit permission to freely distribute their material it is fine.

With mainstream music, I think you must assume that it cannot be distributed. Because podcasting is so new I expect that the DCMA will take action forcing rulings on this sort of thing. Musicians are trying to determine how to monetize RSS as a distribution channel (like Apple's iTunes) and likely going to pursue action against material that is illegally distributed.

I don't know whether podcasting will be viewed as a "radio station" it will be interesting to see how that decision is made. For the time being it might make sense to play it safe and avoid material that you don't have explicit permission to distribute.

Other opions are welcome.