9 Replies Latest reply: Jun 13, 2012 8:47 AM by Roger Wilmut1
Duke Sharp Level 1 (25 points)

I've written a music instruction book, included examples of lots of popular songs. I've purchased all the tunes, wondering if I can set up a Podcast or something like it on the book's website. I'll be incorporating iTunes Link Maker on my site to make it easy for people to purchase the songs themselves, but would like to be able to play them from the site if possible. Thanks.

  • Limnos Level 8 (47,327 points)

    http://www.apple.com/legal/itunes/us/terms.html > USAGE RULES

     

    USAGE RULES

     

    (i) You shall be authorized to use iTunes Products only for personal, noncommercial use.

     

    Podcasts and website use is not personal.

  • Duke Sharp Level 1 (25 points)

    That was quick, thanks!

     

    Not quite sure if this falls into 'commercial use' or not. I suppose it could be considered 'advertising' for the book, but the intent is to encourage people to purchase the songs from iTunes. As a copyright owner, I'm not interested in infringing on anyone else's. Is there a way to license the songs for this sort of use?

    DS

  • Roger Wilmut1 Level 9 (75,119 points)

    Duke Sharp wrote:

     

    I've purchased all the tunes

    That doesn't give you the right to include them in your podcast: doing that would be a breach of copyright. It's most unlikely you would get permission to do this, but you would have to approach the owners of the recordings, not Apple.

  • Robert Walch Level 4 (1,705 points)

    Legally Podcasts are looked at as mechanical copies. 

     

    Any podcast with any music in it that is available for sale in iTunes or from any of the major record labels will get pulled from the iTunes podcasts section.

     

    Don not include ANY music that is not "podsafe" in your podcast. 

     

    http://en.wikipedia.org/wiki/Podsafe

     

    Again putting in any music you purchased from iTunes in a podcast WILL get your show removed from iTunes.

     

    Rob W

    podCast411

  • Duke Sharp Level 1 (25 points)

    I kind of guessed that, thought I'd ask, maybe Apple had some sort of arrangement. Do you happen to know how a radio station's fee's are determined? I know they don't have to get licenses from individual copyright owners. Thanks. DS

  • Robert Walch Level 4 (1,705 points)

    Radio world is completely different than podcasting.  Radio stations track and report their song usage and pay fees based on that.

     

    But for Podcasting - even if you want to get the licenses to play music and do it legally - you can't - All the needed licenses do not exist.  You could pay BMI, SESAC and ASCAP for licenses.  And also pay Harry Fox Agency $0.091 per song <5 minutes per download - and besided being broke - you could still get sued.

     

    Online radio has the Sound Exchange license they pay to allow them to "stream" music.  But that does not cover and will never cover podcasts - as podcasts are downloads and in the eyes of the law (DMCA) a download is a mechanical copy. 

     

    So again - unless the music is specifically "Podsafe" do NOT use it.

     

    Also mashups - they are just as illegal and forbidden as the songs by themselves.  Actually Mashups get you into more issues as there is now multiple songs whose copyright you are violating.

     

    Regards,

     

    Rob W

    podCast411

  • Roger Wilmut1 Level 9 (75,119 points)

    There are organisations in the USA and UK which do this, but I don't know the details. However they are unlikely to handle podcasts. I have heard of such a thing as a 'podcast licence' but only in the USA - you would have to research the details if this is your location and see whether it's applicable.

  • Duke Sharp Level 1 (25 points)

    I guess maybe I don't know what a Podcast is... but sounds like I can't do this. Oh well.

    BTW, wish I could say "This solved my question' to more than one... everyone contributed.

    Thanks for all the help!

    DS

  • Roger Wilmut1 Level 9 (75,119 points)

    This page explains what a podcast is an how you make one, should you still be interested:

     

    http://rfwilmut.net/pc