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Podsafe is a term created in the podcasting community to refer to any work which, through its licensing, specifically allows the use of the work in podcasting, regardless of restrictions the same work might have in other realms. For example, a song may be legal to use in podcasts, but may need to be purchased or have royalties paid for over-the-air radio use, television use, and possibly even personal use. [1]
Podsafe music gained modest popularity in the early days of podcasting, largely because of podcaster resources like the now-defunct Podsafe Music Network. Most podcasters were just hobbyists at that point. In the early 2010s, the podcast industry professionalized with the advent of podcast-oriented media companies such as Earwolf. Some traditional media organizations such as NPR started making podcasting a major part of their strategy. As more money started pouring into the industry, the content diversified and podsafe music faded into obscurity.
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.
As podcasting grows more and more popular, illegal use of heavily licensed music (as through the RIAA) starts to grow at an extremely high pace. This is in general of greater concern to podcasters than to the typical sharer of music, because podcasters usually produce their shows for and promote them to the public.
Including such licensed music legally has its own set of caveats. Many licensing agencies, if they do intend to allow the use of their music on podcasts, will require not only the payment of royalties but also the use of digital rights management (DRM) on the shows.[ citation needed ] (DRM, because of its proprietary, system-specific nature, would be destructive to the general openness and system independence of podcasts.)
Use of podsafe music instead of more stringently licensed material allows a podcaster to continue to produce an inexpensive, legal program with little hassle. Not least important for an independent podcaster is the promise of being able to avoid the confusing maze of licensing organizations.
Conventional radio (and television) can present a difficult, and not always logical, barrier of entry for a musician or other media artist involving large sums of money and often a great deal of surrender in both ownership and creative freedom.
In contrast, podcasting, an increasingly popular medium for audio programs, is more receptive to artists and input. While a conventional radio show may be able to replay a large part of its music selection from day to day, there would be little point in downloading a music podcast whose selection did not vary significantly from a previous show.
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
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. Content owners still maintain their copyright, but Creative Commons licenses give standard releases that replace the individual negotiations for specific rights between copyright owner (licensor) and licensee, that are necessary under an "all rights reserved" copyright management.
The Apache License is a permissive free software license written by the Apache Software Foundation (ASF). It allows users to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software under the terms of the license, without concern for royalties. The ASF and its projects release their software products under the Apache License. The license is also used by many non-ASF projects.
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 payment 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 an American podcaster, announcer, Internet entrepreneur and media personality, known for his stint as a VJ on MTV and being one of the first celebrities to personally 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.
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.
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.
Mevio Inc. was an American internet entertainment network, founded in San Francisco, California in October 2004 by Adam Curry and Ron Bloom.
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.
License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirements, rendering it impossible to legally combine source code from separately-licensed software in order to create and publish a new program. Proprietary licenses are generally program-specific and incompatible; authors must negotiate to combine code. Copyleft licenses are commonly deliberately incompatible with proprietary licenses, in order to prevent copyleft software from being re-licensed under a proprietary license, turning it into proprietary software. Many copyleft licenses explicitly allow relicensing under some other copyleft licenses. Permissive licenses are compatible with everything, including proprietary licenses; there is thus no guarantee that all derived works will remain under a permissive license.
Free content, libre content, libre information, or free information is any kind of creative work, such as a work of art, a book, a software program, or any other creative content unrestricted by copyright and other legal limitations on use. These are works or expressions which can be freely studied, applied, copied and/or modified, by anyone, for any purpose, including, in some cases, commercial purposes. Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the definition of free cultural work.
Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, freedoms refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, and scientific discoveries, and similar approaches have even been applied to certain patents.
Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM), such as access control technologies, can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification and distribution of copyrighted works and of systems that enforce these policies within devices. DRM technologies include licensing agreements and encryption.
The GNU General Public License is a series of widely used free software licenses, or copyleft, that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general use and was originally written by Richard Stallman, the founder of the Free Software Foundation (FSF), for the GNU Project. The license grants the recipients of a computer program the rights of the Free Software Definition. The licenses in the GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. It is more restrictive than the Lesser General Public License and even further distinct from the more widely-used permissive software licenses such as BSD, MIT, and Apache.
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 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 produce derivative works. The copyright holder is usually 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 Llama Group, 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.