Podcast music licensing guide for a beginner
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 supplies and manages the feed while the users of their content will be subscribing to it. So everytime 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.
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 podcasting especially if they are copyrighted.
This will avoid any possible copyright infringement issues. It is highly important to clear rights with a music publisher before podcasting it. Typically, music publishers can be very happy if someone will handle their podcasting but again, rights needs to be cleared. It is because music publishers needs to know who uses the song and needs to examine if it is indeed put into good and proper use. Sometimes, it would be very unfair if the podcaster is making lots of money and is paying nothing to the publisher.
If you ask what are your cost of operating your podcasting station? Well the list goes below:
1. First if the publisher ask for some licensing fees before you can podcast, then this is one fee. Typically if the song is very popular or a hit song, you can expect the fee will be very high for you. It is also unfair for you to pay for an unknown song. However most publishers will assign this rights to a performing right societies, since podcasting involves public performance.
2. However some publishers will let you use some of their songs for free, depending on the popularity of your station.
3. Your biggest problem could be performance royalties. You need to deal very carefully with performance right societies like ASCAP, BMI, SESAC as they monitor public performances of their catalog very closely. If you are caught podcasting their songs, they will likely to ask you for a performance fee. However if you are prepared, you can ask them for the best deal as possible. It is not always costly if you negotiate with them. Sometimes they can provide a flat fee or a single fee to podcast their entire catalog.
You need to monitor very closely the songs that you are podcasting. Make a list for it 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 paperworks which has an advantage in terms of legal aspects.
As to your subscribers, let them aware of the certain limitations of their use of podcast music before they decide to subscribe to you. A documented agreement is a must.

