Sound Out Media

The Copyright Board has finally approved the new tariffs related to music on the internet.  And it’s good news for podcasters.

Ever since I started doing podcasts for clients, I have been advising that no music be used except music which is “pod-safe” (which have been created by people who have already said it’s okay to use their music).  Any other music, stay away from it, I said.  Because you have no idea what it is going to cost to use it.  And because you will be responsible for all retroactive fees.

In a majority decision, the Copyright Board has said that it would not impose a tariff on amateur podcasters and social networking sites whose main business is not music.  They have specifically stated that Facebook, MySpace and YouTube are exempt.

In the case of the organizations or businesses that do a podcast and only use music for themes, etc. .. it’s not specifically stated that these are “amateur podcasters”.  But in the absence of a definition, I would argue that even organizations and businesses can be called “amateur podcasters”.  And if they’re saying it’s okay to put music on Facebook, seems to me that their definition of what is allowable is very broad.

Now, since Copyright Legislation is constantly evolving, who’s to say this will be the same in years to come.  But for now, you can go to your CD shelf and pick a piece of music and use it as your theme … and since the wheels of bureaucracy move slowly, there’s not likely to be a change in this anytime soon.

Source: News Release by the Copyright Board of Canada, October 24, 2008.  For complete text of the release, go to

http://www.cb-cda.gc.ca/decisions/iinr200810240062008-e.pdf