Podcasting legalities reminds me of the saying ” Oh what a web we weave when we first deceive”. I will try to untangle the web of podcasting’s legal side from a layman’s point of view. First what is a podcast? A podcast is a multimedia file that is distributed by subscription (paid or unpaid) over the Internet using syndication feeds. Like ‘radio’, podcasts can mean both the content and the method of broadcast. The latter may also be termed podcasting. Though podcasters’ web sites may also offer direct downloads to the audio files or streaming of their content, a podcast is distinguished from other digital audio formats by its ability to be downloaded automatically using software capable of reading RSS feed formats.
Somebody has made a podcast, this file, has been referenced in an RSS feed, which is posted on a webserver. You have a product, a virtual store and the all important consumer. Sounds easy right? This is where the fun (confusion) begins, copyrighted material, licenses, usage of music for an nonprofit groups, everyone seems to have their hand out for the money. Who do you pay? And what are you paying for?
The latter answer is two fold:
1. You pay the songwriters, which gives you the rights to the music being performed.
2. Then you are paying for a license to make a public performance of music.
There are three companies that take care of the mainstream artist are:
1. Seasac
2. BMI
3. ASCAP
Each of these firms offers a revenue sharing license for Internet radio stations. They will modify their licenses to work with podcasters.
Now for the performance of the music, you have to pay the people who own the recordings, the record labels.
1. A master use license from the record label, read more at http://www.soundexchange.com/licensing101.html
2. There is a statutory license that arrived in 2002 for the purposes of webcasting.
3. Mechanical rights , which entitles you to make copies of music recordings are administered by the Harry Fox Agency. Also SongFile.com is another good good source to check out.
4. RIAA you would pay a statutory license also, if you are clearing Internet performance rights.
“The alternative to this is to separated yourself from the entire system. Creative Commons -licensed music explicitly waives the author’s right to the royalties.” Also just type in podsafe music in, to get started on your own podcast.”
Okay. We have scratched just the surface of podcasting with reference to music, let us move on to podcasting with interviews, two words come to mind slander and libel. Just because your making a podcast doesn’t mean you are you can throw caution to the wind and say anything about anyone and use the First Amendment as a cloak of invisibility, for the freedom of speech and freedom of the press. You have greater responsibilities now that you are a media mogul. As my grandmother would say time and time again “Don’t do or say anything, that you would not want, on the front page of a newspaper.” Yes this will limit you but it also may save you embarrassment or legal fees in the long run. Podcasting the law is being debated as we speak, the Internet is the lawyer’s new playground so much territory so few rules. All this will change, as the law catches up with the Internet. Can we say more rules, regulations and taxes in the future as we evolve to the next generation of podcasters?
Original post by A Podcasting Blog from Podcasting Tools - Daily Podcasting News and Information for Podcasters and Listeners.
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