Quote:
Originally Posted by Jay Random
However, using music on the soundtrack of a podcast that is not about music does NOT count as ‘commentary, criticism news reporting, [or] scholarly reports’. So fair use doctrine does not apply in such instances, and you have to license the recording from the rights holder. In cases such as this, it's a rights holder who does not want to sell you that licence unless you pay through the nose.
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Wasn't aware that was up for discussion. Seems like movement of the goal posts. Repetitive use of a snippet, like in a show theme, does indeed require licensing, but single use is pretty much accepted as fair use, with the exception of some of the really hard assed publishers. Most see it as an opportunity to draw attention to their product and generate sales/plays.