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I have a copyright question regarding music and podcasting.

JA: Do you have a...
I have a copyright question regarding music and podcasting.
JA: Do you have a registration record?
Customer: No. I have a podcast wherein we play music off of our phone. I know that is illegal. What about fair use though? We always talk over the music and make commentary and/or make fun of the music. Is that okay?
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it. Simple question.
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Answered in 2 minutes by:
11/20/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,403
Experience: 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience. I have intellectual property experience and I have received scholarship recognition in copyright. I hope to provide you information that will help you in resolving your question.

I am afraid that the Fair Use doctrine does not apply to your situation as you describe it. Fair Use is part of the Copyright Law and allows the use of another's work for certain limited purposes. In a nutshell the use must be limited, the entire work may not be used, and it needs to be for commentary, education, or a transitional use.

Other podcasters using background music and bumber music have gotten into trouble for doing so without permission. The costs are significant, even if a defendant wins the costs of defending are significant.

BUT you can obtain permission to use the music in your podcast. You can obtain what is called a mechanical license.

See: https://www.harryfox.com/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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I understand that this may not have been what you had hoped to hear, but I would not want to mislead you into taking an action that could cause you significant harm.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,403
Experience: 30 years of experience
Verified
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Customer reply replied 24 days ago
I understand and thank you for your advice. And yeah, I'm a little bummed but thems the rules! Thanks again!

Good luck. Thank you.

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Category: Legal
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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).

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