Music Licensing?

by david on February 22, 2008

On the eve of PodCampToronto, I recorded my very first podcast. Unfortunately these are completely unrelated events. The podcast is a 3 minute introduction to my Core Conversation at SxSW on Saturday, March 8, 2008 Startup or Sellout – Should I stay or should I go?

I was hoping to include Reel Big Fish’s Sell Out because I’m uncreative and didn’t want to record my own one man ska band cover of it. But I couldn’t figure out how to actually go about licensing the music. I figured I have the CD and an MP3 of the music but I was curious at what it would cost and how to go about purchasing a license to use it. Wikipedia provides an overview of music licensing and JD Lassica has information about licensing and podcasting including details some initial costs.

At a minimum, podcasters are charged $283 for the BMI license and $288 for the ASCAP license for 2005. While both the ASCAP and BMI contract are fundamentally similar, an important difference is the BMI agreement allows for pro rata fee computation but the ASCAP agreement does not. So a podcaster, regardless of the date in 2005 he executes the ASCAP agreement, will have pay $288, even though the license expires on Dec. 31, 2005. BMI, on the other hand, takes into account the month you obtain the license. So a podcaster with a license start date of Sept. 10, 2005 need only submit $94.32 for the remaining months of 2005.

Ahhh, we’ll it’s now 1998, but a minimum $288/year fee. Well definitely not worth it to me when if I’m lucky 100 people will listen to the podcast. Very minimal information is available at SonyBMG which as their Licensing Department but it doesn’t include any details for podcasts or online components. SonyBMG Canada has the Increase Volume site that includes an online submission where I get to request the fee. This is all new, I was hoping that there was an equivalent to iStockPhoto or Getty that included the pricing and distribution terms.

Rights management and licensing is hard. I guess I understand why Idee is able to sell services around Image Monitoring.

Popularity: 1% [?]

  • Rusty

    You can license music via <a href="http://www.youlicense.com " target="_blank">www.youlicense.com and ask for royalty free terms from the artists. It&#8217;s the only platform online that lets you negotiate the terms directly with the musicians so you can get much better prices too.

  • geoperdis

    Moby music made easy to use for digital media projects:





    <a href="http://www.mobygratis.com/film-music.html

    " target="_blank"><a href="http://www.mobygratis.com/film-music.html

    " target="_blank">http://www.mobygratis.com/film-music.html

  • Tim

    We tried to license a sample used on a record released on my old label 2Top. Whatta pain. There&#39;s actually two licenses &#38; mechanical and the sound recording.





    The mechanical is managed by the SOCANs and ASCAPs of the world &#38; that is a simple fee for the usage of the music &#38; whether it be a recording, recital, cover, or the sheet music (the name &#39;mechanical&#39; comes from the process of reproducing sheet music). It&#39;s pretty easy and affordable if you&#39;re selling physical CDs or records &#38; don&#39;t know how it works for the web &#38; probably more compicated.





    The other license is for use of an actual recording, and this needs to be specifically negotiated with the owner of the copyright in question &#38; which is usually the record company. This involves lawyers, contracts, yada yada. I was never able to get Sony to even call me back on the sample we were using, so we just paid the mechanical and put the record out anyway.





    Note of interest &#38; even if you recorded yourself singing &#39;Should I stay or should I go&#39; (which I&#39;d like to hear :) ) &#38; you would still technically have to pay the mechanical for it.

  • john o

    You can get cheap music at soundrangers.com and use them in your videos or podcasts.





    <a href="http://www.soundrangers.com/

    " target="_blank"><a href="http://www.soundrangers.com/

    " target="_blank">http://www.soundrangers.com/

  • Joey deVilla

    Perhaps I can help:





    &lt;img src=&quot;http://www.joeydevilla.com/wordpress/wp-content/uploads/2008/02/there_will_be_accordion.gif&quot; alt=&quot;&quot; /&gt;





    I could play &#39;Should I Stay or Should I Go&#39; as the opening number for your presentation, if you like.

    </img>
  • Jonas

    It sounds like what you&#39;re looking for is Pump Audio.

  • Mircea / iSPINIT.com

    David,





    Why don&#39;t you sign up as a podcaster with the PodShow Music Network? The Podcaster License [<a href="http://music.podshow.com/music/producerTerms.htm]...gives" target="_blank">http://music.podshow.com/music/producerTerms.htm]...gives you all rights to play podsafe music, as long as you report it back to the artist. No ASCAP headaches!





    Cheers,
    Mircea

  • Colin Bowern

    You are right, licensing is a real mess, especially once you deal with the regional bodies involved. Your license in Canada does not give you the right necessarily to take your content elsewhere meaning that you will also need to consider geo-restricting. On top of that don&#39;t foget that you will also need to pay a license for the MP3 format you may use &#38; they want their take too. I start to see why people just steal music &#38; it&#39;s because it is so bureaucractic that your head spins when you really want to pay the artist for their music.

  • The folks at SOCAN would be happy to help you out . you can go to their website and read about the 40 different tariffs they collect. But &#39;a licence is affordable&#39;-says so right on their site. <a href="http://www.socan.ca/

    " target="_blank"><a href="http://www.socan.ca/

    " target="_blank">http://www.socan.ca/

  • brycej

    You are such an honest person. Just use it and then ask them not to sue you in the podcast. How is that for bad advice on fair use?

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