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Geez, is anything podsafe anymore???

I previously asked whether mashups, as in remixed/intertwined versions of popular songs, were considered podsafe, as in capable of being played in a podcast without fear of retribution from the FCC or anyone else.  Ian Smith doesn't think so, and poses a very compelling argument why. 

With RIAA having officially issued its opinion on copyrighted music in podcasts - basically saying its not cool to do so, being an improper distirbution of someone's intellectual property - does this mean other types of data will soon suffer the same predictable fate?  Could other types of audio get one into hot water if one were to play them merely referentially, if not as the main content of a show?

Adam Curry mentioned today that mashups are "so much fun it's going to be outlawed - you know it's going to happen, it's too cool.  The man is going to come down on us...let's just enjoy it as long as we can."  He also speculates that we should be able to make mashups podsafe, but the requisite clearances would take too long and involve too much red tape for it to realistically happen.  So as creators of time-shifted digital audio content, are we able to use any sort of alternative audible content to make a point, give a show added dimension and color, or just with which to be entertaining? 

I applaud C.C. Chapman and his work with developing the Podsafe Music Network, but indie's indie - it's under the radar.  People identify with mainstream music and those who produce it, and therefore that sort of content makes for better clips, whether as a punchline, poignant audible exclamation point, segment lead-in, or outro.

I've posed this debate repeatedly on my own show, begging listeners to comment on the legitimacy of different types of audio.  As such, I'll ask the same of you: how do you feel about the following appearing in podcasts?

Alternative Audio Content

  • Mashups/mixes
  • "Traditional" radio programming broadcasting copyrighted music, redistributed as a podcast
  • TV & movie sound clips
  • Video game themes
  • MIDI versions of copyrighted songs
  • Radio commercials featuring copyrighted music with voiceovers
  • PSAs with copyrighted music

I'll admit the last two are a stretch. But what do you think objectively and realistically?

Posted: Jul 16 2005, 10:29 PM by guam-aspdev | with 6 comment(s)
Filed under: ,

Comments

Frans Bouma said:

Mashups, podcast, podsafe, intertwined version, PSA's ...

Am I getting old or have I missed some Gadget TV episodes lately? ;) I'm getting a slang-overload!
# July 16, 2005 7:56 AM

Jason Salas said:

PSAs - public service announcements

You *should* be able to find the rest in Wikipedia. ;-)
# July 16, 2005 8:01 AM

Ian Smith said:

There is an interesting follow-up to my original reply on the subject, based mainly on the DJ "remix" services who have been around doing this stuff on CD and vinyl for decades. These services effectively offer digital re-edits and mash-ups rather than genuine "remixes".

Last week the biggest of these DJ remix services, Hot Tracks, which has been around for many years and went "legitimate" a few years ago (in that they stopped issuing tracks they hadn't got permission for from the original record labels) announced last week that the pressing plant which has produced its CDs for many years is refusing to process any more CDS without much stronger legal agreements from the original labels.

You can read about the Hot Tracks situation here:

http://hottracks.com/content/index.cfm?page=announcement
# July 16, 2005 12:07 PM

Don Schockow said:


I guess there are two ways to look at this. As a podcaster, I wish I was able to play whatever I wanted to play. I don't want to be limited to what I play, be it a mashup, PSA or commercial. I can give you all kinds of reasons why I think I should be able to do this.

But then there is the other side of the coin. Writing a song is a business. It's the way many people make a living. Imagine writing a song and having everyone using it for free. Would this upset you? Ofcourse it would.

So where will we find a happy medium? Good question. We can't play "regular" music right now and I am sure we never will without paying a fee. This will include mashups too as they consist of other people's property.

Playing movie clips, promos and commercials is a blurred line and probably always will be. If playing these clips causes one to lose money we have a problem. But if doing so helps a person to sell a product or gain attention to a product then I think we'll be in the clear.

I do believe that playing Midi versions of a copyrighted song is also not allowed as doing so means you owe the songwriter a license fee. This would also include video game music.

As I have said before, time will tell. But as long as I am using clips to promote and am not taking money away from an artist or writer I am hoping I'll be in the clear......for now.

Don Schockow
Cartoon Radio Network
Magical Theme Park Podcast
DVD Weekly Podcast
# July 17, 2005 3:29 AM

Jason Salas said:

Interesting thoughts, Don. I'm in agreement with you for the most part - the only exception being MIDIs. In my opinion, they're a re-hash of a work in a completely different medium, and don't really do a song justice, because the format is really electronic, and not a processed, produced song. They also by their nature can't include a vocal track, so there's most of the concern right there. I think it might be like stopping a concert from a cover band in a bar because they were covering a song by a more well-known act. So I think we should get some leeway in that regard.

Next, let's try and determing what's meant by "playing" a song in a podcast: is this the deliberate, uninterrupted redistribution of the work, with it being the main content of a show? Or how about if someone talked over the intro/outro of the song, ruining its state as you'd get on a CD or off iTunes?

I'm also of the mind that since MP3s, even at a high encoding level like 128Kbps, that's still pretty far removed from the quality level of a CD. So, there's some break-up.

Just some thoughts. Thanks for posting a comment! :)
# July 17, 2005 4:06 AM

Wallym said:

I just heard the term "mashup" on the radio for the first time over the weekend. And I was in Washington DC when I heard it.
# July 18, 2005 3:12 PM
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