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Including such licensed music legally has its own set of caveats.
Indeed, under many jurisdictions it’s currently impossible, but the message
from those in the know is that many licensing agencies, if they do intend to
allow the use of their music on podcasts, will require not only the payment
of royalties but also the use of DRM on the shows. (DRM, because of its
p r o p r i e t a r y, system-specific nature, would be destructive to the general
openness and system independence of podcasts.)
Use of podsafe music instead of more stringently licensed material
allows a podcaster to continue to produce an inexpensive, legal program
with little hassle. Not least important for an independent podcaster is the
promise of being able to avoid the confusing maze of licensing
o rg a n i z a t i o n s .
Motives for the artist to use podsafe music (from Wi k i p e d i a
e n . w i k i p e d i a . o rg )
Conventional radio (and television) can present a difficult, and not always
logical, barrier of entry for a musician or other media artist involving larg e
sums of money and often a great deal of surrender in both ownership and
creative freedom.
In contrast, podcasting, an increasingly popular medium for audio
programs, is as a whole very receptive, indeed thirsty for artists and input.
This is due in part to the creative and economic nature of the larg e l y
independent podcasting community and further fueled by its need to avoid
repetition. While a conventional radio show may be able to risk replaying a
l a rge part of its music selection from day to day, there would be little point
in downloading a music podcast whose selection did not vary significantly
from a previous show. Podcasting is thus a voracious medium. With a
growing and international audience podcasting is now becoming an
e ffective means for inexpensive artist promotion often aimed squarely at
the people most like to be interested in that type of music.
What is The Podsafe Music Network?
The Podsafe Music Network (music.podshow.com) is a comprehensive
source for podsafe music. It was founded in 2005 by ex MTV VJ and
current podcaster Adam Curry (Daily Source Code
w w w.dailysourcecode.com). PMN brings a large group of podcasters
together with a wide variety of all-podsafe music and the artists who
produce it.
According to PMN, podsafe music is music that meets all of the
following conditions:
1. Works submitted to the Podsafe Music Network are the property of
the artist, and all rights to these works, including lyrics and music, are
the property of the artist.
2. All works contain no recordings, lyrics, copyrights, or other elements
that are the copyright of any other artist, except under the limited
provisions of the Creative Commons License A g r e e m e n t
w w w. c r e a t i v e c o m m o n s . o rg
3. Despite any recording contracts with RIAA, ASCA, BMI or other
recording industry entity, the artist retains ownership of the works and
is free to distribute, broadcast, license or sell these works at the artist’s
d i s c r e t i o n .
The licensing agreement between the artist and PMN:
m u s i c . p o d s h o w. c o m / m u s i c / a r t i s t Te r m s . h t m
What are Creative Commons Licenses?
(from www. c r e a t i v e c o m m o n s . o rg )
Creative Commons Licenses help you publish your work online while
letting others know exactly what they can and can’t do with your work.
When you choose a licence, we provide you with tools and tutorials that let
you add licence information to our own site or to one of several free
hosting services that have incorporated Creative Commons.
1. Standard License
License your song under your terms. Our set of standard licenses will let
you share music with fans while protecting your song from limits you put
in place.
O r, choose a prepared license for audio works.
2. Sampling License
People can take and transform pieces of your work for any purpose other
than advertising, which is prohibited. Copying and distribution of the entire
work is also prohibited.
3. S h a re Music License
This license is aimed at the musician that wants to spread their music on
web and filesharing networks legally for fans to download and share, while
protecting the music from commercial use or remixing of any kind.
How does a Creative Commons license operate?
Creative Commons license are based on copyright. So it applies to all
works that are protected by copyright law. The kinds of works that are
protected by copyright law are books, websites, blogs, photographs, films,
videos, songs and other audio & visual recordings, for example. Software
programs are also protected by copyright but, as explained below, we do
not recommend that you apply a Creative Commons license to software
code or documentation.
Creative Commons licenses give you the ability to dictate how others
may exercise your copyright rights—such as the right of others to copy
your work, make derivative works or adaptations of your work, to
distribute your work and/or make money from your work. They do not
give you the ability to restrict
anything that is otherwise permitted by exceptions or limitations to
copyright—including, importantly, fair use or fair dealing—nor do they
give you the ability to control anything that is not protected by copyright
l a w, such as facts and ideas.
Creative Commons licenses attach to the work and authorize everyone
who comes in contact with the work to use it consistent with the license.
This means that if Bob has a copy of your Creative Commons-licensed
work, Bob can give a copy to Carol and Carol will be authorized to use the
work consistent with the Creative Commons license. You then have a
license agreement separately with both Bob and Carol.
Where are the forms that I have to fill out?
Creative Commons licenses are expressed in three different formats: the
Commons Deed (human-readable code), the Legal Code (lawyer- r e a d a b l e
code) and the metadata (machine readable code). You don’t need to sign
anything to get a CCL. Just select your license here:
w w w. c r e a t i v e c o m m o n s . o rg / l i c e n s e
www.indiebible.com The Indie Bible – 10 th Edition