Questions about Podcasts - RIAA (2024)

Podcasts are digital audio files that a user can typically download or stream. Often, podcasters incorporate music into their podcasts.

If podcasters use music in their podcasts, podcasters should make sure they have all of the authorizations (i.e., permissions) necessary to incorporate the music into their podcasts.

Those authorizations should include obtaining rights to both (1) the sound recording (i.e., the specific recorded version of the song) and (2) the underlying musical composition (i.e., the lyrics and melody). In addition, the authorizations, for both the sound recording and the underlying musical composition, should cover rights to (a) copy, (b) distribute and (c) digitally transmit the podcast, depending upon whether the podcast is available for downloading and/or streaming.

While some statutory or blanket licenses provide authorizations for some of the rights noted above, typically those licenses do not provide all of the authorizations required in connection with a podcast that incorporates music. For example:

  • ASCAP/BMI/SESAC License. An ASCAP/BMI/SESAC public performance license may cover the performance of a musical composition in the podcast when it is streamed, but it does not cover the digital transmission of the accompanying sound recording when that podcast is streamed, nor does it cover the copying or distribution of either the musical composition or the sound recording (i.e., when the podcast is downloaded).
  • Statutory Webcasting or Simulcasting License. While certain digital transmissions of sound recordings are covered by the Section 114 statutory webcasting license administered by SoundExchange, with very limited exceptions, that license does not cover the distribution of a recording of a webcast or simulcast in the form of an on-demand podcast. In most cases, that authorization must be obtained from the record label that released the sound recording.
  • Licenses for Use Outside of the United States. Having the necessary authorizations (whether via statutory or voluntary licenses or otherwise) in other jurisdictions to stream or download the podcast may provide the proper authorizations in that jurisdiction, but those authorizations for other jurisdictions do not confer the authorizations required to copy, distribute or digitally transmit the podcast in the United States.

To learn more about licensing sound recordings in the United States, see here and here.

*The information provided here does not, and is not intended to, constitute legal advice. Readers should contact their own counsel to obtain advice with respect to this or any other legal matter.

Questions about Podcasts - RIAA (2024)

FAQs

How do podcasts succeed? ›

Holding your audience's attention is essential to a successful podcast episode. Most listeners are multitasking while tuning into a podcast, so their attention span is much less. Because of this, it's necessary to keep things concise and entertaining.

How to prepare for a podcast interview? ›

Tips and Tricks for Podcast Guests - How to Prepare for a Podcast Interview
  1. Listen to at Least Two Published Episodes of Your Host. ...
  2. Read Reviews of the Podcast. ...
  3. Prepare at Least Three Stories You Can Unfurl at Any Time. ...
  4. Search About the Topic, Host and Other Guests. ...
  5. Have a Proper Audio Set-Up.
  6. Use the Host Name.
Mar 31, 2023

Do I need a license for a podcast? ›

Yes, podcast music does need to be licensed, in most cases. Unless you are the musician and own all rights to your original work, you will need to obtain a podcast music license for any music that plays during your podcast. This includes intro, background, and outro music, as well as sound effects.

How much does it cost to license a song for a podcast? ›

It all depends on the parties that own the rights. A podcast license from a publisher for a well-known song can range anywhere from $1,500 to $2,500. But a record label sometimes demands much more – ranging anywhere from $1,500 to $10,000.

What makes a podcast unique? ›

First and foremost, to make your podcast unique, you need to create unique content. Using dated, recycled, over-done, or boring content will NOT keep those listeners coming back for more. This goes for your actual content, as well as your intro, outro, special effects, and music.

What percentage of podcasts fail? ›

There are 475,493 total independent interview-based podcasts with more than 1 episode, but only 118,951 are active. This means that only 25% of possible future actively established podcasters are active. Podcasts have a 94.77% chance of failure.

What to expect when starting a podcast? ›

How to Start a Podcast in 10 Steps
  1. Develop a podcast concept.
  2. Choose your podcast format.
  3. Setup podcast equipment.
  4. Choose your podcast software.
  5. Record your first episode.
  6. Edit your audio.
  7. Create podcast artwork.
  8. Set up podcast hosting.
Jan 1, 2024

Can I just start my own podcast? ›

You can start a podcast with the equipment you likely already own. You don't need to spend a dime on extra gear or software. There are many free tools and resources available to get you off the ground. Podcasts Are a Dying Medium.

Can a nobody start a podcast? ›

Can you start a successful podcast as a nobody? It's absolutely possible to be unknown and start a podcast that grows into being a popular show.

How do I legally own a podcast? ›

Trademark rights for a podcast can be acquired by filing a trademark application before the podcast gets up and running through an intent-to-use application process. To get any kind of intellectual property trademarked, you will need to file with the United States patent office.

Do podcasts get royalties? ›

Yes, you can earn royalties from music used in podcasts if you are the copyright holder or have rights to the music. Podcasters must obtain licenses to use your music legally.

Do podcasts pay royalties? ›

Podcasts do not currently generate performance and/or mechanical royalties. Show creators typically pay a flat upfront fee to license your music instead. Other than this one-time fee, there are no additional publishing royalties generated from the streaming or downloading of podcasts at this point.

Can I sing a song on my podcast? ›

Yes, you can use music in a podcast, but you need to make sure you license the music appropriately. For example, you cannot use a new release from a major recording label without paying the high licensing fee, nor can you use royalty-free music without paying for that license.

What are the odds of a podcast being successful? ›

With over two million podcasts out there, it is easy for your content to get lost in the sea of active podcasts. There is a 50 percent chance that your podcast is going to podfade. With more than half a million podcasts churned out yearly, only 20 percent survives, the question of why podcasts fail deserves answers.

Do podcasts still make money? ›

famous podcasters who are profiting millions from their shows. This is not the case for everyone and it's not always easy to monetize a podcast if you're just starting out, but it's possible to profit well from podcasting if you've got a big listenership and you're dedicated to various monetization strategies.

Do successful podcasts make money? ›

Depending on factors like download numbers and chosen revenue streams, podcasters can earn anywhere from $700 a month to $13,000 or even a couple of million. For instance, a podcaster with 10,000 downloads per episode may earn an average of $500 to $900 monthly.

Do any podcasts make money? ›

Yes, you can make money podcasting using a combination of direct and indirect monetization strategies. Direct monetization methods include sponsorships and paid subscriptions. Indirect monetization is done through selling things like physical products or online courses.

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