Podcasting Copyright Issues

Feb 28, 2011

One question that comes my way regularly in regards to music streaming is about podcasting and whether it falls under the terms of the CPB-SoundExchange webcasting agreement. The short answer is that it doesn’t. The statutory license administered by SoundExchange only covers non-interactive digital music offerings (e.g.streams).

Offering copyrighted recordings as part of a podcast is whole other matter from doing it via a stream/webcast and introduces a whole new set of legal questions. When someone asks me about it, I always refer people to their own legal counsel in order to understand all of the intricacies involved.

Recently, this question came up on the Public Radio Discussion Group mailing list and someone (only identified as Will R) posted links to two very, very useful articles on the legal and copyright issues around podcasting. They were so good that I wanted to share them here for those not on the list.

The first was Podcasting Stripped to Basics by Carly Didden of the law firm Garvey Schubert Barer.

The second was the more detailed Podcasting Legal Guide, for those who really want to get into the nitty-gritty.

If you’re thinking of podcasting music I highlystrongly and fervently recommend that you at least read the former. Great stuff.

Big thanks to Will R for sharing these articles, whoever you are…!