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« Digiana Intros iTube FM Transmitter | Main | Podcasting News Featured in NJ Podcaster Newsletter »

Podshow Network's Music License a Time Bomb for Podcasters?

August 30, 2005

podsafe_site.gifSome podcasters are raising concerns about restrictions contained in PodShow's Producer Terms for its Podsafe Music Network.

The PodSafe Music Network is an independent online community that connects artists, podcasters and listeners. It provides tools for musicians to make music available for use in podcasts.

Chief among podcasters' concerns are limits on what can be discussed in podcasts that use music from the network, and the network's ability to restrict, at any time, podcasters' rights to distribute works that use the music.

The Producer Terms of Use limit subject matter that can be discussed in podcasts that use the network's music:

8. You agree that a Broadcast or Music Podcast will not:

a. contain hate material, promote violence, discriminate based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or contain any other materials deemed unsuitable or harmful to the reputation of PodShow or the Licensor;

b. promote or reference software piracy (warez, cracking, etc.), hacking, phreaking, emulators, ROM's, or illegal MP3 activity;

c. promote illegal activities, deceptive practices or violations of the intellectual property rights of others; or

d. be advertised or promoted through the use of unsolicited bulk email.

"This is pretty nuts," says boingboing's Cory Doctorow. "Since when does the guy who provides the music to the radio station get to dictate what you're allowed to talk about? Is the price of commercial music in a PodCast that you have to yield unlimited, arbitrary editorial control to a music label?"

The Terms also specify that Podshow can restrict podcasters rights to distribute podcasts based on Podshow Network music at anytime:

Either party can terminate this relationship at any time, at which point you shall no longer have access to Works. Any materials which you have created in accordance with these Terms of Use may continue to be used by persons who received them, but no further distribution of said materials can be made. Further, any materials created that violate these Terms of Use must be destroyed immediately.

Todd Cochrane, host of the Geek News Central podcast and author of the first book on podcasting calls Podshow's terms "ridiculous," and warns "Podcasters Beware!"

"Since when is talking about these issues illegal?" asks Cochrane.

"If that's the deal, count me out," adds Doctorow. "I'll go on listening to podcasts with CC-licensed music in them."

Comments

Have a look at my post:
Podsafe Music Network Bans Adam Curry?.
It examines the worst offend of these terms!

Posted by: Phillip Molly Malone [TypeKey Profile Page] at August 31, 2005 12:00 AM

Whoops, Url didn't work:
http://mollyzine-podcasting.blogspot.com/2005/08/podsafe-music-network-bans-adam-curry.html

Molly

Posted by: Phillip Molly Malone [TypeKey Profile Page] at August 31, 2005 12:01 AM

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