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In this decade there has probably been more talk about music licensing than music itself.
Music licensing entered the mainstream spotlight following the signing of the Digital Millennium Copyright
Act of 1998 (DMCA) and the next big thing in music that happened after that: illegal file swapping.
As the music industry found itself suing its customers, a new generation of podcasters are wondering
what they can and can't do with music on the internet.
Can you even play your favorite songs in a show over the internet without getting permission
from someone? If it's for profit you definitely need to pay royalties to the performance
organization that represents the songwriter. This is usually ASCAP or BMI and sometimes SESAC.
But this license is for playing the copyrighted material (lyrics and melody) and does not cover use of the recording.
So you need additional licensing through the Recording Industry Association of America
(RIAA).
Usually to use a recording of a song for a video production or movie you will need to contact the
publisher and the owner of the recording, which is usually either the record label or the artist.
The four major record labels are represented by the RIAA.
What if the use of music is not for profit? Is licensing still required? It all depends on
how the music is used and to what degree. Yes, licensing may still be needed even for non-profit
organizations.
Songwriters can copyright songs themselves through the Library of Congress, or they can have
other professionals, particularly publishers handle this simple task. It is also a good idea
for a songwriter to join one of the performance rights organizations so that BMI, ASCAP or
SESAC can collect royalties for the songwriter.
For extensive research on the music industry and media licensing check out PlaylistResearch.com
