There are some terrific enthusiasts in the community (and elsewhere) who like to create and distribute podcasts of various artists' music. Now that I have an album out, which might turn up on some podcasters' radar, it's necessary to set out my policy regarding such use of my music.

First point: if anyone wants to include music of mine in their podcast, I'm honored. This community is chock-full of artists whose work I admire greatly, and of course, there are many others outside of it. Even being considered for inclusion in any kind of program, in their company, is awesome.

That said, I have to set some boundaries.

I use the phrase "All rights reserved" on my albums for the simple reason that I don't want the music being reproduced or distributed, in any form, without my written permission. All the radio and/or streaming broadcasters who receive promo copies of an album of mine are authorized to play the music freely (as if it were under Creative Commons), because they are simply enthusiastic about sharing the music - which they love as we all do - as best they can.

I do not authorize any "content providers" such as Pandora and Spotify to play my music under any circumstances. They are merely businesses out to make money from the music without fairly compensating the artists, and I want nothing to do with them.

Any podcasters to whom I send an album are advised of my terms in advance:

1. if the podcast is available only by streaming, then the policy's the same as for broadcasters: you're free to play all that you like;

2. if the podcast is available to be downloaded and saved, that's another matter. Now we're talking about giving away tangible free copies of my music - which I do NOT authorize anyone else to do. Therefore, for downloadable podcasts, I only authorize playing up to 50% of any particular track.

So if you're a podcaster reading this who has bought your own copy of an album of mine, you're free to podcast the music subject to these terms. If you don't agree, then I trust you will leave my music out of your podcasts.

The 15-minute sampler clip for the Separate Ones album is freely available for download, non-commercial distribution and podcasting. The same will apply to similar clips from future albums.

My conditions may be unusual, but two eminent podcasters have agreed to them without reservation: Hypnagogue (whom I approached), and Sequence Magazine (who approached me). Other podcasters to whom I sent promo copies of The Separate Ones were also advised of these terms.

All of this may seem to be laboring the point, but so many people feel entitled to get music for free nowadays, just because it's so easy to obtain (whether it's legitimately given away by the artist, or simply stolen), that I feel it necessary to draw my line in the sand. My music is NOT under Creative Commons; it is under copyright, and I assert my right to be compensated for it on my terms. I think most people reading this will have no issue with it, because they respect an artist's rights. It's to the others that this message is primarily addressed. They should know that I will defend my legal rights.

Views: 35

Tags: artist, broadcast, commons, content, copyright, creative, legal, podcast, radio, streaming


podcast bot
Comment by g.a.b. on March 3, 2013 at 12:36pm

Seems reasonable to me. I make music mixes available - usually as a single, long-form track (but also as a 'mixed, but separated' multi-track download. For instance, I recently ripped mp3 audio from a Dirk Serries You.Tube preview of a not-yet-released album, wrote & asked (and received) his permission to offer it in a mix. Additionally, if the artist makes the music available as a free download to begin with...I don't feel I'm committing an infraction of their copyright by also making it available in a mix download.
The recipient would also need the ability to re-separate my mixed tracks in order to obtain the full track because it's segued on both ends with the track immediately prior to & after it. They they'd have to fade-in/fade-out the sniped ends & re-save the file as an mp3, etc. in order to get "free" music - a lot of work to beat the .99 cent price of most downloaded tunes.

But I'll honor anyone's request to not use their music in a mix. My experience, however, is that most artists don't mind a single track here 7 there, because I'm actually promoting their music by making it available via the mix.


rockin' bot
Comment by eyes cast down on March 4, 2013 at 1:37pm

Fair points, g.a.b. - especially about getting rid of the crossfades. :)  I'm not going to say "never", but since I'm looking at averaging only 4 or 5 tracks per album over the first 5 releases, I'll hold this position for now. (The 99 cents thing doesn't apply to me, as I'm keeping everything "album-only" and only downloadable through Bandcamp.)

I should add that the 15-minute sampler track (and similar ones on all future albums) is freely available for download, airplay and non-commercial distribution.

All of this may be in the category of "bad career moves". Time will tell.

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