Definition of "podsafe"
The effective definition of "podsafe" for a given work depends entirely on the contract through which the podcaster licenses the work; there is no single podsafe license.
While some works (such as public domain works or works under some Creative Commons licenses) are inherently podsafe, the only actual requirement for a work to be podsafe is that any licensing requirements it has, if applicable, allow for the work's free use (typical broadcast use in its original form, if in no other form, depending on the specific license) in a podcast or web broadcast. This gives specific favor to podcasts only, allowing the artist to impose more traditional constraints on everyone else. Podsafe licensing can, for example, continue to require non-podcast consumers to pay for the work, require royalties on derivative works, and profit significantly from the work's use in traditional radio, television, or film.
The licensor of any podsafe work must be legally capable of making it so. An artist cannot distribute his or her own work through a podsafe license if doing so would break any laws or breach any standing agreements (e.g. with the RIAA). The creator of a derivative work may also not claim this work podsafe without express permission from the original copyright holders. (PMN has more specific and stringent terms to this effect in its agreement.)
Another point of contention is that not all podcasts are non-commercial works. Even in the early days, an increasing number of podcasts were taking on sponsors and looking to make a profit. In general, no significant distinction was made between podsafe for non-commercial use and podsafe for commercial use.
Freeware is software, most often proprietary, that is distributed at no monetary cost to the end user. There is no agreed-upon set of rights, license, or EULA that defines freeware unambiguously; every publisher defines its own rules for the freeware it offers. For instance, modification, redistribution by third parties, and reverse engineering are permitted by some publishers but prohibited by others. Unlike with free and open-source software, which are also often distributed free of charge, the source code for freeware is typically not made available. Freeware may be intended to benefit its producer by, for example, encouraging sales of a more capable version, as in the freemium and shareware business models.
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow authors of creative works to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright, but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management, with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner.
The American Society of Composers, Authors and Publishers (ASCAP) is an American not-for-profit performance-rights organization (PRO) that protects its members' musical copyrights by monitoring public performances of their music, whether via a broadcast or live performance and compensating them accordingly.
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.
A royalty is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.
Adam Clark Curry is a podcaster, announcer, Internet entrepreneur and media personality, known for his stint as VJ on MTV and being one of the first celebrities personally to create and administer Web sites. Also known for co-hosting the No Agenda show, in the 2000s, he first became involved in podcasting, and has been called the 'Podfather' because of his efforts.
A podcast is an episodic series of spoken word digital audio files that a user can download to a personal device for easy listening. Streaming applications and podcasting services provide a convenient and integrated way to manage a personal consumption queue across many podcast sources and playback devices.
Open music is music that is shareable, available in "source code" form, allows derivative works and is free of cost for non-commercial use. It is the concept of "open source" computer software applied to music. However, the non-commercial stipulation associated with Open Music is incompatible with the first section of the Open Source Definition as well as the first freedom put forth in The Free Software Definition. Open Music is one of the general responses to the RIAA's and governmental actions against the music industry and its consumers.
Music licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.
The website Podsafe Music Network (PMN) was the primary archive of podsafe music on the internet. It was established by Mevio, a podcast production company founded by Adam Curry and Ron Bloom, in the summer of 2005. The network's website provided tools for musicians and for podcasters, and also made streamed music available to the casual listener.
P.W. Fenton is the host of the popular podcast, Digital Flotsam, as well as two other podcasts On This Day in Blues History and Perfect Head.
Production music is recorded music that can be licensed to customers for use in film, television, radio and other media. Often, the music is produced and owned by production music libraries.
PassAlong Networks, also known as Tennessee Pacific Group, LLC, was a developer of digital media innovations and services located in Franklin, Tennessee. The company had a digital music library of three million licensed songs, two million of which were raw MP3 music files, and provided a series of products and services in the digital media marketplace.
Free video refers to video content that is free to use for any purpose, or licensed under a free and open license to such an effect, at least for distribution, and at most for modification and commercial usage. This can also apply to graphical animations.
A free content, libre content, or free information, is any kind of functional work, work of art, or other creative content that meets the definition of a free cultural work.
The GNU General Public License is a series of widely-used free software licenses that guarantee end users the freedom to run, study, share, and modify the software. The licenses were originally written by Richard Stallman, founder of the Free Software Foundation (FSF), for the GNU Project, and grant the recipients of a computer program the rights of the Free Software Definition. The GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. This is in distinction to permissive software licenses, of which the BSD licenses and the MIT License are widely used, less restrictive examples. GPL was the first copyleft license for general use.
The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation (FSF) for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and derivatives to be available under the same license. Copies may also be sold commercially, but, if produced in larger quantities, the original document or source code must be made available to the work's recipient.
Copyright infringement is the use of works protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
Jamendo is a Luxembourg-based music website and an open community of independent artists and music lovers. A subsidiary of Belgian company Audio Valley, and Independent Management Entity (IME) since 2019.
An Internet radio license is a specific type of broadcast license that allows the licensee to operate an Internet radio station. The licensing authority and number of licenses required varies from country to country, with some countries requiring multiple to cover various areas of a station's operation, and other countries not having stringent licensing procedures in place. Licensing costs also vary, based on the number of listeners that a station has, as well as other factors such as the number of songs played, the number of broadcast hours, and whether tracks are dubbed to a digital playout system.
