In general, yes, as long as only a portion of the music is used. To be clear, it is important to remember that fair use is a defense and not a shield against potential lawsuits. Some companies will sue whether they have a case or not in order to tie up creators in legal fees. So, it’s worth taking care to ensure you understand copyright law enough to be aware of the risks before proceeding. Creative commons has a great basic legal guide here.

Most U.S. courts will not accept “getting the music out there” as educational. Typically, this refers to educating students in music theory and history by using music as a supplement. In these instances, the focus of the program would be specifically about the music. Copyright law is still in effect regardless of whether money is made. Often, folks quote this as one of several criteria for fair use, and sometimes that is the case, but keep in mind that Fair Use is a defense, and not an exception to copyright law, meaning money would still be spent o lawyers and court appeals to argue that your specific case is fair use. Judges tend to judge these on a case by case basis, and as such, there is no blanket Fair Use exception under the law. Keep in mind that Disney just tried to charge a school (an educational institution) for airing one of their movies for the school’s students.

The best rule of thumb is if you don’t own it, either buy it or ask for permission to use it. If you would like to use copyrighted music for your podcast, you or your hosting service would have to have a license through ASCAP and/or BMI, which would cover any music that you use from either licenser.

For more info check out the Web & Mobile licensing section, here, for mor information on New Media licensing.

Ideas on whether licensing is required? I don’t want any cease and desist stuff!

Thanks!
darrell a.

I wouldn’t. It has less to do with the artist themselves, and more to do with their record company and armies of lawyers. There are so many other options for finding good music, anyway. Have a look at this article about finding music for your podcast.

Hi Tanjia, it’s only legal if you have a license for both the performance and mechanical rights to a song which can be very complicated and cost a fortune. I’d recommend you look at finding podcast music that’s simple to use and won’t get you in trouble. Here’s where to find podcast music.

Is the background radio so loud that it eclipses the conversation?