Next session: How DO you legally license a podcast?
Paul Anthony, founder, Rumblefish
Marcus Estes, co-founder, Tables Turned
Greg Riggle and J.D. Canell (sp.?), SESAC
Harry Fox ASCAP BMI and Sound Exchange have sent statements on podcast licensing, read by Paul Anthony
Apologies. I couldn’t type fast enough to capture the statements off the slides.
3:22 Alex: Is this confusing for podcasters? Travis: I have direct permission from the artists to play the music, or I use podsafe. I haven’t had to deal with label licensing, but I find it confusing. i have a hunch that I wouldn’t be able to log on to ASCAP and get permission. SESAC guy: You can do that with SESAC, actually. Marcus: None of the organizations can offer you a blanket license, only that that org won’t come after you. Travis: If I look at the difficulty involved in getting permission to play a major label versus Podsafe, simplicity will win out over all.
3:28 Greg: We have podcasters contacting us every day regarding licensing. We’re here to learn. Paul reads the Sound Exchange statements, which probably boils down to: we can’t offer you a license for podcasting. Go deal with the labels/artists.
3:37 So, nobody in the room will admit to directly contacting the agencies about licensing. Speculation is that no one wants to be the first to stick their necks out, and that lack of money for small distro podcasts is a barrier. Greg suggests that podcasters in the room should be at least shooting an email to the licensers; step up to the plate and create a paper trail of having at least tried. He notes the passion for music of the people he’s met here so far and thinks that ought to be put to good use to push the business side to open up.
3:45 Alex: These statements seem to be written from a legalistic standpoint, and not to communicate in plain language to podcasters (who are smart and passionate, but not necessarily experts in copyright law.) Comment from audience member who worked at Real Audio for 5 years: Much of the copyright law we’re talking about is covered by the DMCA. Podcasters have a real opportunity to work with Creative Commons on new models that support small shows; if you want to make tons of money, though, you’ll have to deal with the lawyers and the big organizations.
3:51 Matt May: If each licensor jumps into the game and starts charging royalties across the board, podcasters could be facing per-download charges comparable to the cost of a CD. And there’s the danger of getting dinged retroactively for what you’ve already podcast. Greg: SESAC has a podcast license available online through their website (although there a few tweaks that haven’t taken place yet).
4:00 Marcus: It would be nice to be able to take the money out of the equation for amateurs who don’t intend to make money. J.D. Remember that SESAC has a fiduciary obligation to our artists to watch out for their financial interests. Question from audience: Is reporting a big requirement, as that’s an easy technical problem to solve? Greg: It is important; we’d like, to the extent possible, for internet publishers to be able to provide that info to us. Marcus: Let’s create some situation where we recognize there’s a difference between people who are doing this as a business and those who are doing this for fun. Greg: It’s about communication; we find a way all the time to work out deals.