Legal Question in Intellectual Property in California

Music licensing for podcasts is a real quagmire. Much depends on the musical works you want to license, who controls the copyrights, etc.

The process is one of obtaining permission for each song from both the publisher (for the composition) and the record company (for the recording).

Additionally, there is some question whether music that's streamed from a web-based player (as on many podcast websites) requires a license from ASCAP/BMI/SESAC and other performance rights societies.

Further, each download could require a license.

Finally, depending on the nature of your podcast and how it's delivered to listeners/viewers, you may be required to obtain a license through SoundExchange.

So, that's the process.... Cost can vary widely, from $0 to six figures, depending on the music in question.

Most podcasters use royalty-free music from a music library or have music custom-composed for their podcast(s). Some also make flat-rate, buy-out (or freebie) deals with un-signed artists who're eager for the exposure.

Whatever you decide to do, you'll want to have a lawyer draw up a solid written license agreement for you to use when incorporating music into your podcast.

If you plan to have guests, interviews, etc, on your show, you'll also want to have a written release from each.

As a podcaster myself, I'd be glad to chat with you briefly to clarify things based on your specific situation. Feel free to call me at your convenience.