![]() ![]() Fair use is a legal doctrine that allows a user to use portions of copyrighted materials for the purpose of commentary, criticism, reporting, teaching, and research without the need for permission from, or payment to, a copyright owner. Would that be considered fair use? By far the biggest misconception MVS attorneys hear on a day-to-day basis involves the issue of fair use. Providing attribution may be appreciated, and likely even a requirement of a license, but simply doing so does not eliminate your potential risk or liability of copyright infringement. Simply providing credit to the artist, or copyright owner, does not allow you the right to use their work without permission or compensation. As a caveat, there may be fair use considerations present that will be discussed below.Ĭan I use a song if I provide credit and link to the song in the description of the Podcast? Again, the general answer is "no". It does not matter if you use one second or the entire song, using copyrighted materials without the consent or permission of the copyright owner, constitutes copyright infringement. ![]() Any use of copyrighted material without permission is, according to U.S. ![]() Unfortunately, this is not true and there is no bright line rule that says a use is an acceptable use as long as you only use 5, 15, or 30 seconds of a song. MVS attorneys are increasingly being approached by people asking if they can use a specific song in a podcast and the answer is usually some iteration of “it depends”, as is the case here, but I will start by discussing some common myths and misconceptions around the use of copyrighted materials.Ĭan I use a song if I only use 15 seconds of it? This is one of the most common misconceptions. This article will provide some general guidelines and outline some of the rules around using copyrighted material in a podcast. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. ![]()
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