Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am starting a podcast that will focus on popular music. I…

I am starting a podcast...
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.
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 9 minutes by:
7/13/2017
Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

Can you tell me what your questions are?

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
Hi! Thanks for speaking with me today. First, a little about the podcast: it is going to be called "Skipped On Shuffle". The premise is that two hosts will discuss a song by a major band (think Grammy-winning, stadium-filling acts) that for whatever reason is not that popular. This one song will be discussed and dissected to determine why it is "Skipped On Shuffle". During the podcast, we would like to play clips of the song in question. From my research online, I have determined that this is perfectly legal to do, however, the FULL song cannot be played uninterrupted. So the first question is how long can the clips safely be?

Thank you. One moment...

Ask Your Own Intellectual Property Law Question

There's no set portion of a song that takes it from "fair use" (essentially how it's "okay" to do this) to infringement. The four factors judges consider are:

  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.

Using portions of it for comment, criticism, education, etc... will be considered fair use if these other factors, taken together, indicate that fair use is allowed. I tell customers that if people will be downloading your podcast so they don't have to pay to download the song, then that would obviously be infringement. That's the "effect of the use upon the potential market" which is most important from the standpoint of the owner of the work (and thus most likely to make them make the decision to sue for infringement if it comes to that). Short portions (10-15 seconds apiece, maybe up to 30 seconds) would be what you should be aiming for, and only in rare situations go beyond that, but not more than a minute. That's a significant portion of the copyrighted work, and would probably not fall under fair use.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
That's exactly what my research has shown, thank you for clarifying. Next question: would this same set of rules apply to OTHER songs during the same podcast? For example, if we play 15 second clip of Song A by a popular band, and then later in the podcast play 15 seconds of Song B, is that still fair use?

I assume you mean other songs by the same band (because if different bands, there's no question that that would be a separate fair use claim). Yes, the same rules would apply to a different song that you use in the podcast.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
Awesome, that's really helpful, thank you. OK, one last question and then I will leave you an awesome review! When promoting the podcast, there invariably is some sort of cover image attached to it. For example, when you download the podcast from a site there is usually an image on the page that maybe has some text on it to say "Episode XX" or whatever. Since our podcast will focus on one song by one band at a time, it would be really nice to use the official logo of the group on these images. Is this considered fair use?

That's really not so much a copyright issue than a trademark issue. Copyright-wise, you'd probably be fine. But the name of the band could be trademarked, and fair use doesn't apply to trademark. Now trademark infringement is a bit different, in that for there to be trademark infringement they'd have to show a "likelihood of confusion" that you were holding yourself out to be either the owner of the mark or someone with authorization or approval to use it. Only if there's no such understanding on the part of the consumer would there not be such a likelihood of confusion.

Ask Your Own Intellectual Property Law Question
Customer reply replied 1 year ago
OK. Would it be safe to say that we could go ahead and use the logos for promotional purposes and then just take one down if we get a cease and desist from a specific artist?

There's a risk in doing so. Yes, you "could" (in that it's possible that you can do so) but there's no requirement that they send a cease and desist to you prior to suing. They can just sue, even if they don't have a strong case. So understand that this is a risk if you were to do so.

Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified
Robert McEwen, Esq. and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Understood, we will reflect on that. Thanks so much for your time! Leaving my rating now.

You're welcome, and again, good luck to you!

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to 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 Robert McEwen, Esq. Your Own Question
Robert McEwen, Esq.
Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 18,161
18,161 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

Robert McEwen, 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

18,161 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 have a few questions about copyright laws. I don't know
No, I'm not trying to copyright anything. But I am starting a podcast with a similar name to a comic book store and was wondering if I was in the clear … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wanting to know how I can avoid copyright infringement
I was wanting to know how I can avoid copyright infringement if I wanted to play music from my favorite artists on a podcast. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to publish a free to play game. The setting is
I'm trying to publish a free to play game. The setting is the soviet union. For atmosphere and authenticity I would like to use soviet music (post 1942). There is however a problem with copyright. Fro… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
ASCAP has designated me as the legal successor to my
ASCAP has designated me as the legal successor to my deceased brother's music. He copyrighted 10 gospel songs, lyrics and music in 1984. He recorded all 10 songs in 1989, the year before his death. I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an author with a book coming out that has, in its
I am an author with a book coming out that has, in its title, the title of an new album by a very well known band. Their album is coming out in October. My book will come out at the same time, and my … read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
i had an idea for a weekly segment on a tv show/news station
i had an idea for a weekly segment on a tv show/news station and presented it to the producers. they told me they would think about it and then 6months later they started using it on their own. i didn… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 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
Hi: I have written a musical that contains an original story
Hi: I have written a musical that contains an original story but uses the music (songs) and characters of a current/popular performer. I believe this is a derivative work that is not copyright protect… read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
Hello!I have a question about my rights and legal standing
Hello! I have a question about my rights and legal standing with regard to my radio/podcast production. I have a verbal agreement with my guests that they can post a link to our interview show, but no… read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 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
My school puts on a variety show each year and the show is
My school puts on a variety show each year and the show is created by the teachers and students of the school. Any music we use for band, chorus or any of the acts is purchased legally through the edu… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
178 satisfied customers
Copyrighted Music Use - I wish to use Copyrighted Music online
Copyrighted Music Use - I wish to use Copyrighted Music online legally in a presentation / podcast; how can I go about doing this?… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Im asking questions in the order of... how I see my steps
I'm asking questions in the order of... how I see my steps to submitting a proper copyright form. 1) I want to use an online service (any recommendations)? 2) I am copyrighting 2 things - the "lyrics"… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Hello. I have a couple of questions about entertainment law,
Hello. I have a couple of questions about entertainment law, specifically music copyright and printing licenses. I am planning on opening an online store for sheet music. My questions are: - For works… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
This is a legal question about music IP The web site, located
This is a legal question about music IP: The web site, located in the USA, sells the CDR's and MP3's of the songs that belong to the small amateur music group (located in Israel -I am their distributo… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 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

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