Quote:
Originally Posted by Jay Random
That's because Disney chooses to allow that use. (And that, I suspect, is because YouTube is owned by Google, and not even The Mouse can afford to piss off the world's biggest search engine.)
Every rights holder has its own policy about podcasts, and I believe you have to negotiate with each one individually. With radio, the rights fees are standardized and SOCAN doesn't say no. Every station's money is good enough for them.
You learn about some funny things in my trade. Publishers warn authors never, never, never to quote copyrighted song lyrics in a book, because the same situation arises. You have to negotiate directly with the copyright holder, and they have a habit of demanding more money than the entire book will ever earn. I don't suppose they are much friendlier to podcasters than they are to writers.
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Not entirely accurate. Fair use doctrine does allow for the use of limited portions of a song, book, or performance "for purposes such as commentary, criticism, news reporting, and scholarly reports." Making this even more murky is "there are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work." So yes, you can use short snippets of a song, lift a lyric from a song, or use a snippet from another broadcast for commentary or criticism. You may NOT use another's content in its entirety without written permission.
Cool fact not many people know. The soundtrack for a movie is one of the most expensive parts of the production. Licensing each song is very expensive and can pile up once production has completed. For example, the production company of
Varsity Blues paid $500,000 to license AC/DC's
Thunderstruck. This was a record at the time, but I'm sure there are more costly ventures out there now. The bigger the hit and the more recent the song, the more expensive it is to license the material. You can imagine the cost of a jukebox production like
Rock of Ages where they use a catalogue of hits for the stage/movie.