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Licenced content in Podcast and Vodcast

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Using licenced content in Podcast/Vodcast. A Offical APRA email response

I recently fired off an email to APRA. APRA are the folks whom you would pay a licence fee to legally be able to use licence content, Which currently covers streaming media and all forms of broadcasting. However with Podcast or Vodcast has is quite a blur or they choosing to stuff around until the end of the year. Making a final decision then

Q: What licence would i require to use licenced music for an internet based content downloadable show. To be used as a short background music

At this stage APRA|AMCOS is assessing each podcast service request on a case-by-case basis. By the end of this year we hope to have standard Podcast agreements in place. For a purpose such as the one you mention below, or any synchronisation of images with copyright music you would need to clear the reproduction right directly with the relevant publishers.

To assess the relevant licence fee for any Podcast service prior to this date, APRA will require the following information to be provided:

   * Number of podcast programmes made available at any given time;
   * How often they are updated;
   * Type of Podcast - music based, talk, current affairs etc;
   * Whether the Podcast programme has been previously broadcast - ie. on Radio or TV;
   * If so, is the Podcast identical to the broadcast material or re-edited.
   * Has the content been previously communicated over the internet as a streamed media file.
   * If so, has the content been repackaged? Outline how it is different - ie is it an excerpt or a new synchronisation;
   * If music based Podcast, the type of music show - top 40, Dance etc;
   * Percentage of music use in each programme;
   * URL of where the RSS feed emanates from;
   * Period the service will operate and term of licence;
   * whether any fee will be charged to access the podcasts;
   * any advertising or sponsorship contained in Podcasts and estimated value;
   * number advertisements that will be included in each Podcast.

Additional Podcast notes:

  • No one Podcast programme can have more than 80% music use of AMCOS works.
  • APRA|AMCOS approach to podcast licensing is a percentage of gross revenue related to the service - subject to a minimum fee;
  • The percentage rate is 10% - with minimum fees ranging from $55 per Podcast programme to $440 per Podcast programme (all prices inc GST).
  • Fees cover both APRA and AMCOS licences.
  • Would prefer interim Podcast agreements to expire on 31 December 2006, when we hope to have our standard agreements in place
  • However, APRA|AMCOS will consider extending this date if necessary.
  • Reporting of music use within each Podcast programme to be further discussed.
  • Any Video Podcast (Vodcast) may need separate reproduction rights cleared directly with music publishers.
  • If however the Vodcast content is identical to the form it was previously broadcast - ie with no new synch - it may be something AMCOS can cover (this last point is not applicable to a radio station).

Please note, APRA AMCOS represents the underlying musical work. The right for the sound recordings of these works would need to be cleared independently of the APRA AMCOS agreement.

Hope this answers some of your answers. Other question were asked about "Fair-use" or "Fair quota" system, where your podcast would be allowed lets say 10mins of free content a month without paying for a licence

More Information

Related Podcast Pages Licenced content in Podcast and Vodcast, Podcast:Episode 15 - Chainbolt discusses conroe (Transcript), OCAU Podcast Episode 25 Shownotes, Podcasts, OCAU Podcasts, OCAU-TV

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