Is it legal to play music on a podcast?
Yes, you can use music in a podcast, but you need to make sure you license the music appropriately. For example, you cannot use a new release from a major recording label without paying the high licensing fee, nor can you use royalty-free music without paying for that license.
Copyrighted songs are considered intellectual property. That means they are protected by copyright laws. You must have the permission of the copyright holder for any piece of music you want to use in any form of content, including podcasts.
There is no limit or threshold. There are many rumors and myths about music samples being within fair use for podcasting if the used fragment is less than two seconds (or 3 or 5, it doesn't matter). This is not true. Any usage of protected material can infringe copyrights.
Good background music in a podcast is very important for many reasons. You see, podcasts are an audio-only format. Your listeners don't see your face and facial expressions or those of your guests, and there are no graphics bouncing around on screen. So you want to provide a full audio experience, which includes music.
In general, publishing fees usually fall in the $1,500-$2,500 range, and master fees can be anywhere from $1,500 to $10,000; it all depends on the rights-holders.
- Do: Target a Specific Niche.
- Don't: Use Excessive Jargon.
- Do: Maintain a Specific Routine.
- Don't: Be Overly Rigid.
- Do: Edit Thoroughly.
- Don't: Make Editing Obvious.
- Do: Keep Your Podcast to 30 Minutes or Less.
- Do: Measure Success.
Fair use is a legal exemption to the exclusive rights of copyright holders. It is determined on a case-by-case basis and is based on a consideration of the following four factors: The purpose and character of the use (including whether it is transformative, commercial, non-profit, or educational)
- Be Careful What You Say. ...
- Don't Use Copyrighted Material Without Permission. ...
- Be Careful About What You imply. ...
- Respect People's Privacy. ...
- Don't Engage in False Advertising or Puffery. ...
- Don't Make Threats.
If you play 5 or 6 seconds of a copyrighted song as your podcast theme song, you're in breach of copyright.
The "15 Second" or "8 Bar" Rule
The reality is that there is no legal protection in copyright law for these types of use. If you use a piece of a composition or sound recording that is copyrighted, you will need a license. Was this article helpful?
Can you play popular music on a podcast?
Yes, you can use music in a podcast, but you need to make sure you license the music appropriately. For example, you cannot use a new release from a major recording label without paying the high licensing fee, nor can you use royalty-free music without paying for that license.
- Being a Generalist. ...
- Not Understanding Who Your Listeners Are. ...
- Underestimating the Amount of Energy that Goes into a Successful Podcast. ...
- Not Having a Marketing Plan. ...
- Recording on Only 1 Track. ...
- Worrying about Sound Quality Over Content.

When it comes to podcasts, you need to obtain a synchronization license, which is actually the same license that you would obtain for a TV show, or a Film. Although you're not syncing the song to visual media, you're synching the song to a large audio program.
Yes, as long as your podcast is hosted with Spotify. You'll need to unpublish the episode in order to add songs, and then send it for review.
Depending on your state, you may need a general business license to operate your LLC in compliance with state requirements. There are no industry-specific licenses for podcasters, but this doesn't mean you won't need any licenses or permits at all.
To use a copyrighted music composition in your podcast, you will need a Podcast License from the composer or their publisher. To use a copyrighted sound recording in your podcast, you will also need a Master License from the artist or their record label.
Why Podcasts Fail: Lack of Consistency. Most podcasters quit after the first three episodes. Starting a podcast and not sticking to a schedule is how most podcasts fail. You probably expect to succeed after you have published your first few episodes.
Some podcasts are poorly produced, uninteresting, or just plain wrong. If you want to avoid these podcasts, read on for our tips! If you're thinking about starting your podcast, here are some of the mistakes to avoid: bad hosting, copyright violations, self-deprecating comments, sloppy editing, bad audio.
One of the most common mistakes podcast creators make is recording without proper soundproofing. This can lead to a number of problems, including echo and background noise. Even if you have a great microphone, recording in an untreated room can make your audio sound poor.
No. Each podcaster may have their own licenses with rights holders or may use music in a different way, so just because someone else did it doesn't mean you can.
Does copyright law apply to podcasting?
Copyrights protect βoriginal works of authorship fixed in a tangible medium of expression.β Everything from books to songs to even, yes, podcast episodes fall under this umbrella.
If you want to read books on a podcast, you need to either own the rights to the work or use public domain books. Podcasters can read small excerpts from copyrighted materials with the protection of fair use laws.