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Issues in Licensing Music for Podcasts
A podcast is essentially a radio show consisting of audio content that listeners can download online. Listeners can also subscribe to a podcast show and every time a new program is posted, it automatically downloads to the subscriber's computer and connected MP3 player to be heard any time. National Public Radio (NPR) now podcasts many of its shows and heavily promotes their availability. Even Rush Limbaugh podcasts his daily program. Apple recently released a new version of the iTunes software with built in podcasting capability. And thousands of individuals are producing their own podcast radio shows that basically require nothing more than a microphone and a computer to create.
Yet NPR does not podcast any of its music-based programs, including those broadcast by its acclaimed music-based affiliate KCRW. Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.
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