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Thread: Fair Use in a Review Podcast

  1. #1
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    Fair Use in a Review Podcast

    I'm in the process of developing a music review podcast where I'll cover concerts, singles, and albums of artists in the genre I'll be covering. When reviewing songs I plan on playing the beginning (first verse or chorus, depending on how long either are) of the songs while I talk about them. Does this fall under Fair Use?

    I also want to, if I can manage to keep a steady flow (planning on 2x month right now) of setting up a Patreon for donations so I can get better equipment and support myself as I go. Would that be a bad thing to do?

    Thanks in advance!

    Edit: I just realized I posted this in the wrong subforum. Is there any way to move it?
    Last edited by SouthI35; 06-23-2015 at 06:47 PM.

  2. #2
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    Quote Originally Posted by SouthI35 View Post
    When reviewing songs I plan on playing the beginning (first verse or chorus, depending on how long either are) of the songs while I talk about them. Does this fall under Fair Use?
    Take a look at some of the royalty collection sites, Sound Exchange, ASCAP, etc. I'm pretty sure that the answer to your question will be a resounding NO.
    Richard Wildman
    Executive Producer / Host
    Music Scene Investigation
    http://musicsceneinvestigation.com

  3. #3
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    Well there are review shows like Todd in the Shadows, Rap Critic, and Rocked Reviews who do similar things (and even show music video clips).

  4. #4
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    Perhaps, then, you should send your question into each of those and ask them how they work the issue.

    Honestly, I would expect that the RIAA, and some artists, if and when they notice the show would take a keen interest in the royalty situation.

    An alternative is to conduct direct negotiations with the artists themselves, much like we do at MSI:.
    Richard Wildman
    Executive Producer / Host
    Music Scene Investigation
    http://musicsceneinvestigation.com

  5. #5
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    Sorry for the delayed response. I read your reply last month and got horribly busy.

    Thanks for the advice! I've found it really easy so far to get direct permission for song use. In the few instances where I haven't gotten any response I put in a disclaimer stating fair use for the sake of review and critique and ready access to my podcast email in the event of concerns.

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