I started podcasting about two months ago. I was really looking forward to producing my own shows, and wanted to compile and aggregate various pieces of classical music in unconventional programs. The format was simple: I would describe the "theme" of the show, and then play music for about 45 minutes. I envisioned it to be my own radio show. The "blog" section of my podcast would include a playlist and links to purchase the albums in their entirety. I quickly figured out that
podcasting and streaming music are not the same thing, and, having a rudimentary understanding from law school [FN 1] that any move I made would probably
violate some copyright law.
Streaming = Temporary = OKEnter the onerous and
all-encompassing copyright laws of the United States of America. I knew from my law school coursework* that streaming audio and downloading music files are two very different things. Apparently, radio stations can play as much copyrighted music as they want, because the files go from the radio station to your stereo receiver, or from a streaming server to your computer's media player. Even if you purchase something like a standard tape recorder to record FM or Total Recorder to record streaming audio, it's still OK for radio stations to play copyrighted music because the music is not technically being downloaded or permanently stored. Somehow, it gets lost in the ether of your stereo speakers or RAM, even if it's being recorded.
Podcasting = Downloading = Verboten The whole P2P filesharing dilemma got big music pretty upset, and quite understandably. In a P2P network, computers share files and transfer them machine to machine. This means that a potentially infinite and flawless copy of a song can be reproduced across the internet
ad infinitum. The concern of record companies was, in my view, rational, as I doubt anybody would purchase a song when they could download it for free.
Podcasting is considered to be downloading (although the law is a little hazy) because each individual podcast is stored on a server and downloaded in its entirety. Subscribers to a podcast receive the latest podcast automatically when iTunes (or whatever podcasting client they use) determines that a new podcast is available.
What this meant for my PodcastIn short, this meant that my radio show was dead, because I intended to play recordings I owned. I tried to get around this by doing a podcast which reviewed recordings, but
ASCAP's website makes clear that I need to
pay money to play short clips of copyrighted music. I also suspect this extends to me talking over recordings while reviewing them. I could chose to play
podsafe music, but I have no desire to limit my show's content to work around a narrow restriction on content. Another option would be to get a license from every single record label to play a specific piece of music, which is totally unworkable. I was going to give these musicians free advertising, and listeners links so they could purchase the albums from which I played excerpts.
Professor
Lawrence Lessig has been a hero of mine since I was a wide-eyed 1L [FN 1]. His concept of
less restrictive copyright laws really made a lot of sense given this whole experience.
Related Articles that Helped Me Figure it Out[FN 1] I am not an attorney. Nothing I say should ever be construed of as legal advice. If you want legal advice, get an attorney. Even if I eventually pass the bar in a jurisdiction, I will not give any legal advice on this website. Period.