Magnatune Embraces Podcasting
Podcasting is emerging as an important new approach to creating and distributing audio content over the Internet. One of the most popular types of audio content is podcasts is music shows. Unfortunately, podcasting music requires an understanding of music licensing, and the complexity and cost of traditional music licensing is a significant barrier for many podcasters.
Creative Commons (CC) licensing is an option many musicians are adopting for some or all of their work, because it offers a standardized set of "some rights reserved" licenses designed to be compatible with realities of the Internet and other digital media technologies.
Magnatune has emerged as a leading open music record label. It licenses hundreds of albums with a Creative Commons license, and lets you listen to them online. If you decide you want to buy an album, you pick the price (as little as $5). Best of all, half of the purchase price goes to the artist!
We asked Magnatune founder John Buckman, above right, about his thoughts on podcasting and using tracks by his label's artists in podcasts:
Podcasting & Creative Commons Music
Podcasting News: Are you aware of the emerging world of podcasting? Any thoughts on it?
John Buckman: Yes, I'm very aware of it, and I think it's great. The current broadcast radio business plays a very small selection of music, and for the most part, record labels are expected to pay the radio stations (indirectly, of course) to play new releases. The current broadcast radio station situation is part of the general sickness of the industry.
Podcasting allows anyone to become a radio broadcaster, thus increasing diversity and customer choice. The other advantage of podcasting is that it is a great way for a open-music oriented record label, like Magnatune, to gain exposure for its artists.
Podcasting News: There is substantial interest within the podcast community in using Magnatune's music and other CC music. There is also some confusion. What is Magnatune's position on using its music within podcasts?
John Buckman: As long as a podcast is non-commercial (ie, doesn't feature paid advertisements), then I would consider a podcasts's use of our music to be non-commercial, and thus legal and without cost under the terms of the Creative Commons license. Podcasts are actually one of the key reasons Magnatune adopted the CC license, as a way go get our music heard and partner with alternative distribution mechanisms.
Podcasting News: Most podcasters understand that they can't use traditionally-licensed music without navigating an array of music licenses. Are there advantages for podcasters to using CC music, from Magnatune and other sources?
John Buckman: A non-commercial podcast can be built from CC licensed music without asking anyone for permission, without lawyers getting involved, without breaking the law. Since the musician's goal is to be heard, to gain an audience, and eventually find buyers for their music, the CC license is a great, free, low-effort way to achieve those goals.
Podcasting News: Magnatune's tracks are licensed with the CC Attribution-NonCommercial-ShareAlike license. If someone uses a Magnatune track in a podcast, what sort of attribution is appropriate?
John Buckman: This is the attribution we look for:
"Songname" by "Artistname"
http://magnatune.com/artists/artistpage
Commercial & Non-Commercial Podcasts
Podcasting News: In the context of a podcast, what would constitute a commercial use of Magnatune tracks? A typical podcaster freely distributes their podcast, but may have Google ads on their site. Would you consider this a commercial podcast?
John Buckman: The Creative Commons "legal code" (ie, the legalese) defines commercial use like so:
c. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
The "primary intention" seems to me to be the key. Google ads, if they're not the primary goal of the site (ie, just there to help cover running costs), would be fine, whereas an all-advertiser-supported business would be more questionable. Where there's a question, it's best for the podcaster to send an email asking if it's ok, and then I can give the OK. This isn't because we're out to sue people, because we're not, but in the simple spirit of openness, community and trust.
Using CC Music in a Podcast
Podcasting News: The ShareAlike condition of the contract says that "if you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one." Does using a Magnatune track within a podcast trigger this condition? Does a podcast that uses a Magnatune track have to be CC licensed?
John Buckman: No, I don't consider a podcast to be a derivative work, as the music itself is played without substantial alteration.
A podcast, I think, is a "public performance" of a work. The "derivative works/sharealike" provision in the CC license Magnatune uses is to allow remixes and mashups, as well as CC licensed video games, and non-commercial films. There is a great Tetris-like game called "Nelinurk", written in Flash, licensed under a CC license, which uses our music. It's at http://blogs.magnatune.com/buckman/2005/01/flash_game_uses.html.
Podcasting News: There are many ways that people can use Magnatune's tracks within a podcast, including just playing the tracks, using a track as a theme song, as background music, and within a dj mix. Does a podcaster need to take into consideration how a track is used before including it in a podcast?
John Buckman: All those uses, I would not consider transformative, and thus not requiring the podcast to be CC license.
That being said, I'd like to see podcasts that play all CC music to themselves be CC licensed, in the spirit of giving back to the community. Really, if there's any worry that the podcast might be a derivative work, the podcaster can avoid any worry and simply license the new work under the by-nc-sa CC license, and there are no issues.
Podcasting News: Are there "best practices" that a podcaster using a Magnatune track should follow?
John Buckman: The key thing, as a business supporting podcasts and CC, is that we have to make money to survive. For this reason, it's really important that the URL to the artist's page be given on any track-listing that a podcasts gives. This isn't just for Magnatune: I think a "more information, including how to buy" link should be given for any music that is podcasted. We want these people who put music out in this manner to be rewarded.
Resources:
Note: This article is licensed with the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 license. That means that you're free to redistribute this work and make derivitive works under the following conditions:
- Attribution. Include a note on the page that "This article was originally published at Podcasting News."
- Noncommercial. You may not use this work for commercial purposes.
- Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.
By James Lewin
Photo credit: Sheila Newbery
