EPISODE · Mar 19, 2026 · 3 MIN
Can I Play That Song? (A Podcaster's Guide to Copyright and Fair Use)
The "10-Second Rule" Myth:Exposing the lie that playing a short clip of a commercial song protects you from copyright infringement. (It doesn't. 1 second is enough to trigger a strike).Understanding Fair Use:Fair Use is not a right; it is a legal defense you use after you have been sued.The criteria: Are you actively critiquing, parodying, or educating about the specific audio clip?Why using AC/DC as background music for your intro is never Fair Use.The Consequence of a DMCA Takedown:Unlike YouTube (which simply demonetizes the video), Apple Podcasts and Spotify will completely ban your RSS feed for copyright violations. You lose your entire show.The "Spotify Premium" Loophole:Why you cannot use the "Music + Talk" feature on Spotify to build an independent podcast (it locks you exclusively to their platform and kills your Apple feed).The Legal Solution:You must use Royalty-Free music or subscribe to a licensing library.Recommendations: Epidemic Sound, Artlist.io, AudioJungle, or YouTube Audio Library.Action Step: * Audit your intro, outro, and transitions. If you do not own the license to a track you are using, delete it and replace it today.
What this episode covers
The "10-Second Rule" Myth:Exposing the lie that playing a short clip of a commercial song protects you from copyright infringement. (It doesn't. 1 second is enough to trigger a strike).Understanding Fair Use:Fair Use is not a right; it is a legal defense you use after you have been sued.The criteria: Are you actively critiquing, parodying, or educating about the specific audio clip?Why using AC/DC as background music for your intro is never Fair Use.The Consequence of a DMCA Takedown:Unlike YouTube (which simply demonetizes the video), Apple Podcasts and Spotify will completely ban your RSS feed for copyright violations. You lose your entire show.The "Spotify Premium" Loophole:Why you cannot use the "Music + Talk" feature on Spotify to build an independent podcast (it locks you exclusively to their platform and kills your Apple feed).The Legal Solution:You must use Royalty-Free music or subscribe to a licensing library.Recommendations: Epidemic Sound, Artlist.io, AudioJungle, or YouTube Audio Library.Action Step: * Audit your intro, outro, and transitions. If you do not own the license to a track you are using, delete it and replace it today.
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Can I Play That Song? (A Podcaster's Guide to Copyright and Fair Use)
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