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Thread: Can I use Royalty Free music on my podcast?

  1. #1
    Senior Member Podnutter's Avatar
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    Can I use Royalty Free music on my podcast?

    Hi

    I have asked this question to a few people but no one seems to really have an answer. I have noticed people getting videos pulled on youtube for using royalty free music. Whats the deal? Can you or can you not use it on a podcast?

  2. #2
    IAIB Broadcaster BradShoemaker's Avatar
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    Quote Originally Posted by Podnutter View Post
    Hi

    I have asked this question to a few people but no one seems to really have an answer. I have noticed people getting videos pulled on youtube for using royalty free music. Whats the deal? Can you or can you not use it on a podcast?
    The short answer is no. The long answer is... it depends.

    Royalty Free is kind of a weird term. It doesn't mean that the music is free to use. It means that you can use the music for a single fee instead of a fee + royalties. Used to people would get images, video, music and the fee would be based on an up front cost + each use. Radio pays rolyalties to stream music. They have an ASCAP + BMI fee and then they are charged per music spin (a ridiculously low cost, but still a cost nonetheless).

    If you have the rights to use the music (meaning you either paid or came to a written agreement) then yes you can use the music. YouTube may still take it down until you provide proof that you have the rights to use it, but if it is agreed upon that you may use it and post it to YT, then yes you certainly can... Otherwise no.

    That being said, YT has agreements in place that allow for some music to be used, but then they will tack on an ad for use of that music. Otherwise they may hit your account with a penalty for using the Royalty Free music.

  3. #3
    Senior Member oscarmartz's Avatar
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    I know people who have used music that was allowed by an independent artist. Later when they got signed to a label the label went after people using the music.
    you best get steppin

  4. #4
    IAIB Broadcaster BradShoemaker's Avatar
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    Quote Originally Posted by oscarmartz View Post
    I know people who have used music that was allowed by an independent artist. Later when they got signed to a label the label went after people using the music.
    That's why it's always important to get written approval. You don't have a leg to stand on if something like this happens...whereas if you have written permission in a contract form, you can fight the battle and win.

  5. #5
    IAIB Broadcaster Donovan's Avatar
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    That's why I get my music from places like Jewel Beat. $2.99 gets you different lengths of the music (i.e. stingers, etc.) and you can use the music on your podcast, videos, etc. YouTube will still tag my videos for the music from time to time (it is an automated system, after all), but I simply provide them with the license information and that clears that up.
    Donovan Adkisson
    Adkisson Digital
    http://www.adkissondigital.com
    http://about.me/gdadkisson | Twitter: @gdadkisson
    -----------------------------------------------------------------------
    Have you read my books?
    Podcasting: Year One http://www.donovanadkisson.com/pyo
    Fifty and Furious http://www.donovanadkisson.com/fifty

  6. #6
    Senior Member oscarmartz's Avatar
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    Donovan is this only for personal use or can it be for commercial
    you best get steppin

  7. #7
    IAIB Broadcaster Donovan's Avatar
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    Here's the text from one of the license agreements. It looks like you can pretty much use it for whatever you wish, personal or commercial.

    JewelBeat License Agreement
    PRELIMINARY INFORMATION
    This is a non-exclusive, non-transferable, non-assignable, contract license agreement effective as of
    the 5 day of March, 2012 (hereinafter the "Effective Date") by and between;
    JewelBeat Corporation, a Delaware corporation which owns and operates the website
    JewelBeat.com, hereinafter referred to as the "Licensor".
    and;
    Donovan Adkisson of Adkisson Enterprises LLC, 31794, United States, hereinafter referred to as the "Licensee".
    for the purchase of;
    Tracks (all versions): Struggles Of Success , Standard license;
    hereinafter referred to as "The Music".
    Notice Regarding Copyright:
    The JewelBeat Music Library (collectively "The Music") is copyrighted under United States and
    International copyright laws. The Licensor owns The Music and reserves all rights to The Music. The
    Music remains the sole and exclusive property of the Licensor. Use of The Music is licensed, not sold
    under the terms of this License Agreement.
    SECTION I
    (A) GRANT OF LICENSE
    The Licensor grants The Licensee the "Standard License" or "Extended License" depending on the
    option chosen at the point of transaction at JewelBeat.com.
    The Licensee may license any music under the "Standard License" and upgrade to the "Extended
    License" at any time.
    (B) RIGHTS GRANTED
    1.The Music may be used, edited, and/or incorporated according to the guidelines described herein
    into the following, but not limited to:-
    - videos
    - websites
    - television
    - radio
    - film
    - software
    - physical products
    - telephone on-hold
    - video games
    - podcasts
    - trade shows
    - audio books
    - mobile games and applications (e.g. iOS and Android apps)
    - online video sharing (e.g. YouTube).
    2a. The Standard License permits a single user to use The Music.
    2b. The Extended License permits up to 5 users to use The Music.
    3a. The Standard License permits The Music to be used nationwide in the Country as determined by
    the Licensee when placing the order. However, this geographical limitation does not apply to online
    videos, downloadable products or podcasts.
    3b. The Extended License permits The Music to be used worldwide.
    4. The Licensor permits The Licensee to use The Music in online videos including, but not limited to,
    YouTube, Metacafe, Vimeo and company websites. The Licensee is not required to share
    advertising revenue with the Licensor related to these videos, where applicable.
    5a. The Standard License permits The Music to be used as "in-store background music" and/or
    telephone "on-hold" background music in a single location.
    5b. The Extended License permits The Music to be used as "in-store background music" and/or
    telephone "on-hold" background music in up to 10 locations.
    6a. The Licensee is permitted under the Standard License to distribute up to 50,000 copies of a
    physical or downloadable product, including but not limited to DVDs, software, downloadable
    games and downloadable videos that incorporate The Music.
    6b. The Licensee is permitted under the Extended License to distribute up to 1,000,000 copies of a
    physical or downloadable product, including but not limited to DVDs, software, downloadable
    games and downloadable videos that incorporate The Music.
    7. The Licensee may backup up to 2 copies of The Music.
    8. The Licensor requests, where technically and in accordance with customary industry practice -
    feasible although not required, the credit the Licensor by stating "Music by JewelBeat" to appear
    adjacent to The Music or The Credits, where possible.
    9. The Licensee may incorporate vocal singing and/or recordings of other musical instruments to
    The Music for commercial or non-commercial purposes, and the Licensee agrees to credit The
    Licensor prominently by stating "Music By JewelBeat.com".
    10. The Licensor, the whole owner to the copyright of The Music, is not a member of any Performing
    Rights Organization and therefore the Licensee is not required to file "Cue Sheets" for broadcast
    usage. If "Cue Sheets" are requested, the Licensee may contact The Licensor for assistance.
    11. The use of "free" or un-paid downloaded audio files by the Licensee requires that the Licensee
    credits the Licensor by stating "Music by JewelBeat.com" prominently in the project.
    12. The use of "free" or un-paid downloaded audio files by the Licensee requires that the Licensee
    provides a web link from the Licensee's website, or place of published work, to the Licensor's
    website at www.jewelbeat.com. The link must state "Music by JewelBeat.com".
    13. The term for both Standard and Extended Licenses is 99 years from the date of purchase.
    (C) PROHIBITIONS
    1. The Music must not be sold, sublicensed, shared, uploaded to websites, loaned, given,
    repackaged, reproduced, distributed, made into a competing product directly or indirectly, or any
    part of The Music transferred as a copy thereof, except in accordance with the permitted uses as
    stated herein.
    2. The Music must be used in timed synchronization with other audio and/or visual content
    including but not limited to images, video footage, and voice.
    3. Use of The Music for any purpose other than those included in this License Agreement must have
    prior written approval from The Licensor.
    SECTION II
    1. The Licensor and all of its officers, directors, employees, successors, distributors and anyone else
    in association shall not be held liable for any and all losses, damages, liabilities, claims, incidental
    damages, costs or expenses, including reasonable attorney's fees, incurred directly or indirectly in
    connection with the use of The Music.
    2. Any taxes are the responsibility of The Licensee which include any and all sales taxes, use taxes,
    value added taxes and duties imposed by any jurisdiction as a result of the License granted to you,
    or your use of The Music.
    3. The Licensor liability shall not exceed the value of the license fee/purchase amount.
    4. All other rights not expressly granted to you are explicitly reserved solely for The Licensor.
    5. The Licensee agrees to pay the agreed license fees with the understanding that no rights are
    granted until all payments are made in full. The Licensee shall be liable for all past due amounts,
    interests and costs of collection, including credit card company fees and attorneys' fees. The
    license granted hereunder shall be of no force or take effect until such time as The Licensor
    receives full payment.
    6. The Licensee permits The Licensor to use The Licensee’s name, company name, and/or company
    logo as a client reference.
    7. This License Agreement shall, without prior notice from The Licensor, terminate immediately and
    be made void if The Licensor determines that The Licensee has failed to comply with any provision
    of this License Agreement; and/or if the Licensee fails to pay any licensee fees or makes a reverse
    charge.
    8. All sales transactions are final, and no refunds will be entertained. If in any case payment is not
    fulfilled or cancelled, rights to use The Music are withheld and The Licensee at that point is
    Donovan Adkisson
    Adkisson Digital
    http://www.adkissondigital.com
    http://about.me/gdadkisson | Twitter: @gdadkisson
    -----------------------------------------------------------------------
    Have you read my books?
    Podcasting: Year One http://www.donovanadkisson.com/pyo
    Fifty and Furious http://www.donovanadkisson.com/fifty

  8. #8
    IAIB Broadcaster Amnon's Avatar
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    I get mine from freestockmusic.com, and their licence is at http://www.freestockmusic.com/license-agreement/

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