Podcast is a form of web syndication or RSS feeds (stands for “Really Simple Syndication”) which publishes audio instead of text content.
Podcast exist where there are content providers and subscribers. The content providers (also known as the “podcaster”) supplies and manages the feed while the users of their content will be subscribing to it.
If you are a beginner in podcasting, below is a snapshot of the entire process which is pretty simple. The podcaster creates audio content (of course using a microphone, a computer audio recording system and a recording software and editor. This audio content may or may not be using copyrighted music.
This audio content is then finalized for distribution as feeds.
podcasting process
So every time the content providers’ releases new song in mp3 format, the subscribers of the feed can get updates in the form of audio player, or other medium to receive podcast.
It is almost synonymous with having a radio station, except that podcast relies on updated content than having to repeat old audio streams. It is useful to promote music, typically if you have a lot of potential subscribers, users can get new songs from your feed.
Music Licensing Aspect
But how about the music licensing aspect of podcast? As to the principle of podcast where there is always a content provider and a subscriber, the content provider may or may not be the owner of the music. If you like to start a podcast, you need to acquire rights from the music publisher of the songs you are including in your podcast especially if they are copyrighted.
This will avoid any possible copyright infringement issues. It is highly important to clear right with a music publisher before podcasting it. Typically, music publishers can be very happy to know about this but still you need to ask permission. It is because music publishers need to know who uses the song for podcasting projects for documentation purposes.
It would be very unfair if the podcaster is making lots of money and is paying nothing to the publisher or the songwriter of the song.
Below are some important tutorials to get you started:
a.) Learn how to do a copyright search -as a podcaster you will be responsible for finding out the legal owner of the song. In the copyright search, you will know the music publisher and songwriter of the song that you are planning to license.
b.) Read this complete procedure on asking permission to use copyright music. The first step is to know the music publisher or the songwriter of the song then you can ask permission.
Music Licensing Cost of Operating Podcasting station
The cost varies a lot; it can be free to any amount. Contact the publisher or the performance right society as well as any agent to get a complete quote on the music licensing fees.
1. The first one to contact is the music publisher and ask how much does it cost to use the music catalog for podcasting. Make sure you know what rights are granted. And then for the remaining rights (if it’s not included in the licensing agreement); proceed to the next item.
3. Another cost would be public performance royalties. You need to deal very carefully with public performance right societies as they monitor public performances of their catalog (they represent a LOT of songwriters/publishers songs) very closely. It is important that you negotiate with them and make sure they understand your podcasting needs. They will advise whether you will be paying some fee or not.
In US, the biggest performance rights society is ASCAP, BMI and SESAC. There are other performance rights societies abroad. For example, there is FILSCAP in the Philippines.
If you are a serious podcaster, you need to understand whether you are publicly performing songs. You can read this useful tutorial on public performance to know this in detail.
Other things you need to know is the public performance of sound recording that is monitored by SoundExchange. This performance right society operates similarly with ASCAP, etc. They paid royalties to the owners of sound recording copyrights as well as the artist. If you are podcasting, you might be using a copyrighted sound recording and possibly publicly performing it. You can learn more about SoundExchange and becoming a member.
4.) You also have cost with regards to mechanical licenses. This gives you right to include the copyrighted music in storage media such as DVD, CD or downloadable media along with your podcast content. Learn more about this topic pertaining to mechanical music licensing agreement. In US, the biggest mechanical licensing agent is Harry Fox which represents a lot of songwriters and music publishers. You also need to contact them regarding your podcasting project licensing cost.
Important documentation and management
Make a list of all copyrighted songs that you are using and have it always documented, so that when publishers or performing right societies ask the status of your podcasting, you are ready to show some paper works.
The agencies, agent and publishers mentioned in the previous section can advise you what to monitor in your documentation. The objective is to track the usage of copyrighted music and recordings.
Content last updated on June 29, 2012