What are the legal aspects if I use third-party content in my podcast?
May 23, 2023 | 30,00 EUR | answered by Sandra Altmann
Dear Copyright Lawyer,
I run a podcast and have been thinking lately about whether I can use third-party content in my podcast without violating copyright laws. Currently, I produce my podcast alone and would like to occasionally incorporate passages from books, music pieces, or other sources to make my content more interesting.
However, I am unsure about the legal aspects involved. I am keen to avoid infringing on copyrights and getting into legal trouble. Therefore, it is important for me to understand what rules and regulations I need to follow if I want to use third-party content in my podcast.
My concerns are that I do not know if I need to obtain permission from the copyright holders before using their content in my podcast. Additionally, I wonder if there are any specific exceptions that allow me to use third-party content without permission. Furthermore, I am interested in knowing what consequences I could face if I violate copyright laws.
Could you please explain to me what legal aspects I need to consider when using third-party content in my podcast? Are there specific laws or guidelines that I should adhere to? And what steps can I take to ensure that I do not infringe on any copyrights?
Thank you in advance for your help and support.
Sincerely,
Robert Eder
Dear Mr. Eder,
Thank you for your inquiry regarding the use of third-party content in your podcast and the associated legal aspects. It is understandable that you are concerned about avoiding copyright infringement. I will be happy to explain in detail what you need to consider in this regard.
It is important to understand that copyrighted works such as books, music pieces, or other content cannot be used without the permission of the copyright holders. This means that you generally need to obtain the consent of the rights holders before using their content in your podcast. This also applies to short passages or excerpts from the works.
However, there are certain exceptions and regulations that allow you to use third-party content without permission. An example of this would be the so-called "freedom of panorama", which allows you to photograph and publish copyrighted works such as buildings or artworks if they are permanently located in public places. For music pieces, there is also the possibility to use them within the context of quotations or parodies, but certain requirements must also be met here.
To ensure that you do not infringe on any copyrights, I recommend taking the following steps:
1. Research the authors of the works you wish to use and try to find their contact information.
2. Contact the authors and request their permission to use their content in your podcast. Make sure to document all details in writing to be able to prove that you have obtained permission in case of disputes.
3. If you are unable to obtain permission, consider whether there are alternative sources or similar works that you could use without violating copyright.
It is important to emphasize that copyright infringement can have serious legal consequences, including warnings, claims for damages, or even criminal prosecution. Therefore, it is crucial to consider the legal aspects when using third-party content in your podcast.
I hope that my explanations are helpful to you and support you in legally shaping your podcast. If you have any further questions or need legal advice, I am happy to assist you.
Best regards,
Sandra Altmann
Attorney specialized in copyright law
