Comments on: Podcast Music Licensing For Outlaws http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/ The first podcast from New York City and one of the first Indie Music Podcasts to hit the scene - Tracks Up the Tree has been reviewed "Out of all the music podcasts I've listened to, this is the first one that has played music that I universally liked" by the New Podcast Review. Adopting the unique stance of only playing music from artists websites who make their tracks available online, Tracks Up the Tree is podcast semi-live from Brooklyn NY and delivers the best indie music to be found on the internet. "Making Indie Your Main Stream" Fri, 25 Jul 2008 14:17:19 +0000 http://wordpress.org/?v=2.5 By: Lee Lee Lee http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1076 Lee Lee Lee Mon, 25 Jul 2005 05:01:40 +0000 http://upthetree.com/?p=540#comment-1076 OK - Here's my philosophy. I paid the BMI and ASCAP fees - but you know what? Podcasts are available worldwide, aren't they? There's JASRAC for Japan, GEMA for Germany, and God knows what else. How is all of that gonna get worked out? I encode my show at a lo bitrate (64) and I talk all over the songs - and I play mostly crazy crap no one's ever heard of anyways. I'll just keep my eyes peeled to see what happens with Coverville - he encodes at 128 (normal MP3 bitrate), doesn't talk over the songs, plays 2 in a row without talking - it would be real easy to pull stuff out of there that I wanted. I don't want anything he plays, because I generally hate it, but that's beside the point. I would imagine if anyone would be made an example of, it would be a high-profile guy like Mr. Coverville or Mr. Curry - and then I'd give it up and start podcasting me hanging out with my donkeys. Or just play stuff by friends of mine and myself - just have to wait and see. OK -

Here’s my philosophy. I paid the BMI and ASCAP fees - but you know what? Podcasts are available worldwide, aren’t they? There’s JASRAC for Japan, GEMA for Germany, and God knows what else. How is all of that gonna get worked out?

I encode my show at a lo bitrate (64) and I talk all over the songs - and I play mostly crazy crap no one’s ever heard of anyways. I’ll just keep my eyes peeled to see what happens with Coverville - he encodes at 128 (normal MP3 bitrate), doesn’t talk over the songs, plays 2 in a row without talking - it would be real easy to pull stuff out of there that I wanted. I don’t want anything he plays, because I generally hate it, but that’s beside the point. I would imagine if anyone would be made an example of, it would be a high-profile guy like Mr. Coverville or Mr. Curry - and then I’d give it up and start podcasting me hanging out with my donkeys. Or just play stuff by friends of mine and myself - just have to wait and see.

]]> By: lex http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1059 lex Wed, 20 Jul 2005 02:38:25 +0000 http://upthetree.com/?p=540#comment-1059 Hey, Ben, thanks for a helpful post. I've been wanting to start a podcast, and this kind of thing has me hesitating. Do you think the ASCAP/BMI licenses are actually worth the money (which is a lot for me!)? I mean, if I shell out $600 to play music, and still can't legally do it, what's the use? I'm leaning towards the ideology of MSMZ & Stagalicious. Keep it no-profit, underground & rebellious. My vision of a podcast is a short, lo-fi, mixtape that promotes my favorite bands. Hopefully I won't be arraigned! Hey, Ben, thanks for a helpful post.

I’ve been wanting to start a podcast, and this kind of thing has me hesitating.

Do you think the ASCAP/BMI licenses are actually worth the money (which is a lot for me!)? I mean, if I shell out $600 to play music, and still can’t legally do it, what’s the use?

I’m leaning towards the ideology of MSMZ & Stagalicious. Keep it no-profit, underground & rebellious. My vision of a podcast is a short, lo-fi, mixtape that promotes my favorite bands. Hopefully I won’t be arraigned!

]]> By: Mediocre Mitch http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1030 Mediocre Mitch Sat, 02 Jul 2005 01:38:17 +0000 http://upthetree.com/?p=540#comment-1030 Is that really true? iTunes won't list your show? That is the most rediculous thing i have ever heard in my life. The Rock N Roll Geek plays whatever the hell he wants, and you get the shaft for actually respecting the rights of the artists you play? THAT MAKES ME VERY ANGRY SO I'M GOING TO WRITE IN ALL CAPPS! Well... shit. I can't tell you how many guests I have had on my show that sigh in agony at the prospect of having to actually find the songs they want to play on the internet. But it's worth it. It important. Support the bands that get it by playing their music on your show. All those bands/lables that want some money for every instance/use of thier songs are stupid greedy little biatches that need to re-evaluate themselves and their marketing plan. How else are they getting their music out there? WE WILL DO IT FOR FREE. just because we like their music. Isn't that the best advertizement anyways? someone who actually likes your music? GOSH! ~Mitch Is that really true? iTunes won’t list your show? That is the most rediculous thing i have ever heard in my life. The Rock N Roll Geek plays whatever the hell he wants, and you get the shaft for actually respecting the rights of the artists you play? THAT MAKES ME VERY ANGRY SO I’M GOING TO WRITE IN ALL CAPPS! Well… shit. I can’t tell you how many guests I have had on my show that sigh in agony at the prospect of having to actually find the songs they want to play on the internet. But it’s worth it. It important. Support the bands that get it by playing their music on your show. All those bands/lables that want some money for every instance/use of thier songs are stupid greedy little biatches that need to re-evaluate themselves and their marketing plan. How else are they getting their music out there? WE WILL DO IT FOR FREE. just because we like their music. Isn’t that the best advertizement anyways? someone who actually likes your music? GOSH!

~Mitch

]]> By: Not Your Usual Bollocks http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1028 Not Your Usual Bollocks Thu, 30 Jun 2005 17:16:20 +0000 http://upthetree.com/?p=540#comment-1028 Oh we're all doomed. I'm even getting US department of justice hits on my site these days. I'm waiting for US agents to kidnap me and whisk me away to Egypt. MK Oh we’re all doomed. I’m even getting US department of justice hits on my site these days. I’m waiting for US agents to kidnap me and whisk me away to Egypt.

MK

]]> By: Funtime Ben http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1020 Funtime Ben Wed, 29 Jun 2005 00:04:36 +0000 http://upthetree.com/?p=540#comment-1020 Unfortunately it looks like that's the case. Funny as Adam Curry's podcast routinely plays music that isn't "podsafe" well what are you going to do? Apple is just protecting their self interests... maybe it just calls for better promotion on my end. Unfortunately, It looks like iTunes isn't going to be my buddy. Ahh well I'll have to win podcast subscribers with my content rather then where I'm listed. Unfortunately it looks like that’s the case. Funny as Adam Curry’s podcast routinely plays music that isn’t “podsafe” well what are you going to do? Apple is just protecting their self interests… maybe it just calls for better promotion on my end. Unfortunately, It looks like iTunes isn’t going to be my buddy. Ahh well I’ll have to win podcast subscribers with my content rather then where I’m listed.

]]> By: dave http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1019 dave Tue, 28 Jun 2005 22:40:20 +0000 http://upthetree.com/?p=540#comment-1019 What the f man!! I dunno, i read the paper today and there was this big supreme court ruling against file sharing and I was all pissed at the idiocracy of our justice system and how far it can be taken when i just want to to listen to music and not have to pay up the ass for it. Then i came home and found out the new itunes version 4 point....whatever the hell it is, and it has PODCASTING.....whooa, hope remained for independent ideology in the corporate world, or so i thought. After reading this reply ol benny, it makes me wonder, is this whole prescribing to ASCAP liscenced songs why you arent in the itunes new fangangled podcast directory?? is friggin crap dude, yours is like the one of the only podcasts i subscribe to and the iPodder is less than hassle but more than simple. dissapointedly yours, dave What the f man!!
I dunno, i read the paper today and there was this big supreme court ruling against file sharing and I was all pissed at the idiocracy of our justice system and how far it can be taken when i just want to to listen to music and not have to pay up the ass for it.
Then i came home and found out the new itunes version 4 point….whatever the hell it is, and it has PODCASTING…..whooa, hope remained for independent ideology in the corporate world, or so i thought. After reading this reply ol benny, it makes me wonder, is this whole prescribing to ASCAP liscenced songs why you arent in the itunes new fangangled podcast directory?? is friggin crap dude, yours is like the one of the only podcasts i subscribe to and the iPodder is less than hassle but more than simple.
dissapointedly yours,
dave

]]> By: Stagalicious Radio http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1017 Stagalicious Radio Sun, 26 Jun 2005 02:48:50 +0000 http://upthetree.com/?p=540#comment-1017 Ditto Rob... I don't see the harm in "pirating" either. Would you have to get the right to play music at a house party? BAH! It's all for fun, isn't it peoples? Ditto Rob… I don’t see the harm in “pirating” either. Would you have to get the right to play music at a house party? BAH! It’s all for fun, isn’t it peoples?

]]> By: Rob @ MSMZ http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1015 Rob @ MSMZ Sat, 25 Jun 2005 15:08:17 +0000 http://upthetree.com/?p=540#comment-1015 and i am a NET PIRATE mehehehehehee arrr avast ye shivering timbers matey Unlike ben, i am using the model of 'nobody listens to our podcast so hopefully we wont get in trouble', and playing what i want. but obviously one day fbi agents will burst through my windows with semi automatic machineguns, and at this point, i will blame Steve. and i am a NET PIRATE mehehehehehee

arrr

avast ye shivering timbers matey

Unlike ben, i am using the model of ‘nobody listens to our podcast so hopefully we wont get in trouble’, and playing what i want. but obviously one day fbi agents will burst through my windows with semi automatic machineguns, and at this point, i will blame Steve.

]]> By: andy http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1014 andy Sat, 25 Jun 2005 02:07:51 +0000 http://upthetree.com/?p=540#comment-1014 This is almost the exact model that I was (am) going to use for my podcast (it will be from ipodnirvana.com). Another thing that I plan on doing which certainly can't hurt, is to actually encourage people to go and buy the recording, and making sure that I give my opinion about the track. By stating your opinion about the music, positive *or* negative, you help build a case for fair use. I think that having a disclaimer stating your intentions to promote the music, and letting artists know how they can contact you to have their material included in *or* removed from your podcast can help. I've discovered a lot of great music from listening to TUTT, and there are some bands, The Dears, for example, who can thank Funtime Ben for at least one sale. This is almost the exact model that I was (am) going to use for my podcast (it will be from ipodnirvana.com).

Another thing that I plan on doing which certainly can’t hurt, is to actually encourage people to go and buy the recording, and making sure that I give my opinion about the track.

By stating your opinion about the music, positive *or* negative, you help build a case for fair use.

I think that having a disclaimer stating your intentions to promote the music, and letting artists know how they can contact you to have their material included in *or* removed from your podcast can help.

I’ve discovered a lot of great music from listening to TUTT, and there are some bands, The Dears, for example, who can thank Funtime Ben for at least one sale.

]]> By: birty http://www.upthetree.com/2005/06/24/podcast-music-licensing-for-outlaws/#comment-1013 birty Fri, 24 Jun 2005 17:17:01 +0000 http://upthetree.com/?p=540#comment-1013 This is exactly what I was looking for. My main purpose in wanting to do what you do is to share music with my friends. I figure if they like something I play, then we'll have more to talk about. Plus, they might buy the album. I can't figure out for the life of me why labels, ASCAP, BMI, or the RIAA would expect that I pay them for that promotion. Here's hoping that you're right, my friend, and that lawyers in fine suits don't come raining down on me when I start throwing my show out there. I'll shoot you an email when I am up and running. Any chance that you'd like to share with potential podcasters your recording setup and how you make it all happen? Thanks for the speedy reply. Matt This is exactly what I was looking for. My main purpose in wanting to do what you do is to share music with my friends. I figure if they like something I play, then we’ll have more to talk about. Plus, they might buy the album.

I can’t figure out for the life of me why labels, ASCAP, BMI, or the RIAA would expect that I pay them for that promotion. Here’s hoping that you’re right, my friend, and that lawyers in fine suits don’t come raining down on me when I start throwing my show out there.

I’ll shoot you an email when I am up and running.

Any chance that you’d like to share with potential podcasters your recording setup and how you make it all happen?

Thanks for the speedy reply.

Matt

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