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- This topic has 4 replies, 1 voice, and was last updated 13 years ago by Anonymous.
February 24, 2008 at 8:09 PM #37204AnonymousInactive
so my friends and i want to make amusic podcast (a video and aaudio podcast)
so is it legal to play the whole song on the podcast? i dont think it is because it would affect the market if enough people sign up… so instead would it be legal to just do like 30 second samples (and giving credit where credit is due)???
February 25, 2008 at 12:15 AM #164850Ryan3078Participant
Check this out: http://www.collegebroadcasters.org/podcast.shtml
Just do a search on Google for podcast music legalities. Basically you need the rights to use anything. From what I found about Fair Use, you can use anything as long as the podcast is a critique or focuses around the music used.
Two Misconceptions About Fair Use.
(a) Acknowledgement Is Not Enough. Some authors have the erroneous belief that an acknowledgement will immunize a copyright infringement as “fair use. This is a myth. Including an acknowledgement may be considered in analyzing the four statutory factors, but it is by no means is a clear defense to a claim of infringement.
(b) Disclaimers Are Not Enough Either. Another point of confusion is whether an upfront disclaimer that denies any association between the podcast and the copyrighted material can protect the podcaster from liability. For example, assume your podcast is a parody of “The OC television show. You include a disclaimer at the beginning of your podcast in which you state: “This podcast is not associated with or endorsed by Fox Television. This sort of disclaimer will not, by itself, protect you from a claim of copyright infringement, or act as a clear defense to such a claim. It will, however, be considered among the factors the court considers, and in a very close case, a court may look positively on a clear statement of disassociation.
February 25, 2008 at 4:15 PM #164851AnonymousInactive
how about a place like download.com…that is definitely a legal music download (it is run thru cnet.com)
it should be legal to play that music right? after all, it doesn’t affect the economy at all considering that it’s free
February 25, 2008 at 9:02 PM #164852Ryan3078Participant
But still someone created that music, and owns the rights to it. Taking that without permission and using it is wrong. You still need to get their permission – why not try looking up unsigned artists on MySpace? You’ll find thousands who will be very happy to let you use their work for free in return for the publicity.
March 6, 2008 at 12:06 PM #164853AlainstamourParticipant
If you are working in the US, the law governing copyrights and fair use is called, “The Copyright Law of the United States.”
Below is the section of the law that addresses ‘fair use’. It is worth reading.
107 Limitations on exclusive rights: Fair use40 Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copy-righted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copy-righted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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