Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I was wanting to know how I can avoid copyright infringement…

Customer Question
I was wanting to...

I was wanting to know how I can avoid copyright infringement if I wanted to play music from my favorite artists on a podcast.

Lawyer's Assistant: What written documentation do you have?

I have no documentation. I was just wondering how I can avoid copyright infringement.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No and no

Submitted: 1 year ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
I am wanting to start a podcast where I play music and talk about local and global issues. I would not be using it to promote myself in anyway to make money. Only as a hobby. It would used as a place for people to come and listen and have fun, find hope, or whatever they need.
Answered in 16 minutes by:
11/14/2016
IP Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 126,835
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are going to be using music of other artists on your podcast, then you need to pay your royalty fee to ASCAP and/or BMI for the play time. They charge fees based on the number of plays of each song, which are really quite low and if you contact them they will arrange a rate. However, if you broadcast the music in any part or portion without securing the permission from ASCAP/BMI/Harry Fox Agency (depending on the song), they can some after you and sue you for playing the song in commerce available to the public, even if you are not charging money or making money off of playing the song. So, just like playing the music in your business, where you may not be making money off of playing the music, the artists are entitled to their royalty rights which really are pennies per play.


Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 126,835
126,835 Satisfied Customers
Experience: Attorney practicing all aspects of copyright/trademark law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
I'm in the process of developing a party game similar to
Hello, I'm in the process of developing a party game similar to Cards Against Humanity that uses the titles of songs, and artist names. The premise is that player draw cards with the names of songs/ar… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,387 satisfied customers
I am starting a podcast that will focus on popular music. I
I am starting a podcast that will focus on popular music. I have a few questions about what I can and can't do in the podcast when it comes to copyrighted works and IP in general.… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
883 satisfied customers
We're writing a song for the intro on our podcast and it's a
We're writing a song for the intro on our podcast and it's a remake of an old Marty Robbins song "Saddle Tramp" . We're mimicking the first 30 seconds of guitar and rhythm, but we've totally rewritten… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
If a person records a song sung at home on a cell phone done
If a person records a song sung at home on a cell phone done in karaoke fashion and then downloads that clip onto a website having a competition for the best song recorded at a competition fee entry o… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
Regarding a christmas carol that has a copyright: we have a group of people gathering to
Regarding a christmas carol that has a copyright: we have a group of people gathering to sing christmas carols - can we type the words out so people know what to sing?… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
I have some questions pertaining to music/copyright law, if
I have some questions pertaining to music/copyright law, if any. I have seen conflicting reports and answers on the internet, so am wondering what is correct. 1. If music/songs are obtained, either fr… read more
montysimmons
montysimmons
Owner Simmons Patents
Doctoral Degree
328 satisfied customers
If I created my own music backtrack (rhythm section without
If I created my own music backtrack (rhythm section without the main melody) from existing material is the original material still protected by copyright, thus potential royalties. I am interested in … read more
montysimmons
montysimmons
Owner Simmons Patents
Doctoral Degree
328 satisfied customers
I would like to sell my home video editing services to families
I would like to sell my home video editing services to families using imovie and Final Cut. My question is regarding music tracks used in the videos. If I reference the music can I do this? I found th… read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
As a hobby, I like to do bass guitar transcriptions. There
As a hobby, I like to do bass guitar transcriptions. There are many popular sites on YouTube where a guitarist is teaching a popular song by recording themselves playing along with the song. Many peop… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,835 satisfied customers
So distributing music without the music companys permission
So distributing music without the music company's permission is not legal. If I post a youtube video of someone dancing to a song, is that legal given the song is a part of the video? Does it matter i… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Hi, I have some questions regarding song/music copyright/royalty. I
Hi, I have some questions regarding song/music copyright/royalty. I plan to hire a musician to play some well known songs, which will be used as background music/songs for the apps (iPhone, iPad, etc.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
561 satisfied customers
I am a jazz songwriter and have composed all my own original
I am a jazz songwriter and have composed all my own original (as yet unreleased) material, but it was brought to my attention that many of my standard jazz & blues chord progressions are the same as o… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Wed. 4-13-11 @ 8 20am I hope you can answer some intellectual
Wed. 4-13-11 @ 8:20am I hope you can answer some intellectual property/copyright questions for me. I live in Los Angeles, California and am thinking about starting a business where I write PARODY lyri… read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
Is it copyright infringement to use a portion of a song from
Is it copyright infringement to use a portion of a song from a CD as "background music" in a dance production that is publicly performed?… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
883 satisfied customers
I want to do a music podcast with music that is copyrighted
I want to do a music podcast with music that is copyrighted from artists like B.B. XXXXX, XXXXX Clapton, Tab Benoit, etc...Can I do this? I see other people doing similar podcasts with music that is c… read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
Im having a problem with copyrighting my podcast. I use short
I'm having a problem with copyrighting my podcast. I use short clips of different songs on each episode but am not sure if i need to copyright. Anybody?… read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
Theres a band on You Tube that covers popular songs by listening
There's a band on You Tube that covers popular songs by listening to the songs while wearing headphones and then playing along as best they can. The results are hilarious. To make their YouTube videos… read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
Please forward my question about copyright infringement to
Please forward my question about copyright infringement to the legal department. Thank you.… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x