(Originally published in Podcast Business Journal, Feb 2020)
In the ever-expanding world of podcasting, the integration of music is vital to create engaging content. However, obtaining the appropriate licenses to use music is anything but straightforward. Editors and producers often find themselves caught in a labyrinth of copyright laws and permissions, making the process costly and time-consuming. Here, we will explore the core issues with music licensing and potential solutions.
The Music-Podcast Dynamic
To understand the root of the problem, it is necessary to consider the two primary routes available to content creators: choosing between cheap, royalty-free options, or expensive, high-quality music. The current music industry operates primarily on monetizing rights, and for podcasters, the dilemma can be disheartening.
Antiquated Copyright Laws
The significant obstacle in music licensing for podcasts stems from outdated copyright laws. Experts believe that the existing legal sets are about two decades behind the times, with many copyright laws dating back over 100 years. For instance, podcasters need "mechanical" rights to use music, a term originating from mechanical piano rolls of the early 1900s.
These ancient laws require an act of Congress to update, but new legislation like the Music Modernization Act (MMA) still doesn’t address podcasting. The situation is further complicated by a plethora of international laws, making the podcasting space a difficult area to legislate.
Understanding Copyrights in Music
A song typically involves two copyrights: Composition rights (including lyrics, denoted by a small "c" in a circle) and rights to the recording itself (usually marked by a small "p" inside a circle). Podcasters must obtain rights for both, along with the rights to use the master recording from the record label.
These permissions must be contained within a licensing agreement that outlines the platforms where the work can be published. Without proper documentation, an average copyright violation could result in a staggering fee of $150,000.
The Solution and Best Practices
The challenge of music licensing necessitates a multifaceted solution. First and foremost, obtaining written permission and securing performance rights is crucial. Collaborating with professional music distributors and steering clear of dubious “free” music online is also advisable.
Working directly with music producers licensed for podcasts provides a safe alternative. Keeping a copy of the multitrack at all times is a wise practice in case of copyright violations.
Initiatives like PodcastMusic.com, partnering with SoundExchange, aim to ease this complexity. They are building tools to facilitate the licensing process, intending to put music rights in the hands of podcasters.
Conclusion
Music licensing for podcasts remains a complex and often frustrating process, hindered by archaic laws and the commercial orientation of the music industry. Yet, with growing awareness, collaboration with professional distributors, and innovative solutions like PodcastMusic.com, there is hope for a more streamlined future.
Content creators must remain vigilant and informed, working with licensed producers and following best practices to navigate the intricate web of music rights. By doing so, they can foster creativity without fearing legal repercussions, enriching the vibrant world of podcasting.