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40718Re: [podcasters] Re: Newbie/playing other artists content

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  • Gwen Orel
    Sep 3, 2011
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      You're playing with fire. ASCAP is very strict. YouTube contracts allow you to use what's posted on your own site by default but they also ask that you have the tight to upload the material. Lots of people ignore thus and if you use the sound of a song illegally uploaded you're the one on the hook. Yes reviews are considered fair use but again ASCAP is strict and you could get in trouble. But there is not even THAT justification fir stealing someone's work as your theme music. Again radio stations buy licenses which is why you hear it done there. Will ascap sue? Probably not but that doesn't make it right. You are priding the artistic freedom of the podcaster over the intellectual property of the artist and justifying theft. It's plain wrong.
      That you get away with it us beside the fact. Asking for permission 90% of the time is not a favor, and not good enough. It is an obligation and you are arrogNt to say it's by choice.



      Sent from my iPhone

      On Sep 3, 2011, at 9:25 AM, "Mikel O.D." <mikelod_1@...> wrote:

      > I've been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you're original question. You ask if you can review an album by an artist - of course you can. Record the review and put clips of their music underneath your review, to me that's fair use. Or play a 20-30 sec clip as part of your review - just don't play an entire song.
      > As far as a popular song for the beginning of your show, it's probably not a good idea, but I wouldn't say don't do it. In the past couple of years, with the popularity of youtube and other social media, I've noticed labels and bands backing off the negativity of using their stuff.
      >
      > Having said all of the above, I'll also let you know I do contact and get approval for 90% of the stuff for my podcast - but it's by choice more than a feeling of obligation. The best advice I can give you is play and do what your passion is for and don't feel so backed into a corner that you can't do that.
      >
      > Mikel O.D.
      > www.mostpeoplearedjs.com
      >
      > > > >
      > > > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
      > > > >
      > > > >> Hello all-
      > > > >> I am new to the group and to podcasting as well. I have currently been
      > > > listening to some amateur podcasts and I have noticed that some use other
      > > > peoples content. For example, most podcasts will start with a music clip by
      > > > a famous artist. Is this appropriate? I have started to get local
      > > > bands/artists on board with my podcast to get around this but I would like
      > > > to review new album releases by larger artist. In short, will I get sued if
      > > > I play Rage Against The Machine on the show? Thoughts?
      > > > >>
      > > > >> Thanks,
      > > > >>
      > > > >> Nick jaime
      > > > >>
      > > > >> Thehavenots.podomatic.com
      > > > >> @HaveNotRadio
      > > > >> thnradio@...
      > > > >>
      > > > >>
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