Podcasting Legal Guide For Canada

!!! 3.8.2      Using Creative Commons Licensed Music If you choose to use music that is licensed through Creative Commons, as long as you follow the parameters of the licence, there are no additional rights to clear.

There is a great deal of podsafe content available online and licensed under Creative Commons licences. See Section 3.12 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003800370032000000 , “Finding “Podsafe” Content To Include In Your Podcasts 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003800370035000000 ” to help you find content for your podcast.

<span style="mso-bookmark: _Toc170033717"><span style="mso-list: Ignore">3.8.3      Using Your Own Recording of Your Own Performance Of Another Person’s Song (if you perform a cover song) If you choose to include your own recording of your own performance of another person’s song, you will implicate the reproduction rights and the performance rights of the songwriter.

You will have to follow these steps to ensure the rights are cleared. (1) Reproduction rights of songwriter – contact SODRAC and CMRRA to determine if the song you wish to perform in your podcast is in their repertoire.

If it’s not, you will need to contact the songwriter directly to gain permission. If the song is in their repertoire, you can obtain a mechanical licence to record the work in exchange for payment.

(2) Performance rights of the songwriter – contact SOCAN to determine if the song you wish to perform in your podcast is in their repertoire. If it’s not, you will need to contact the songwriter or music publisher directly to gain permission.

If the song is in the repertoire, you can obtain a licence to communicate your recording of your performance of the work in exchange for payment. If you cannot locate the owners of the copyright through the collectives, and you can demonstrate that you made a reasonable effort to do so, you can apply to the Copyright Board for a licence to use the work of an unlocatable copyright owner under section 77 of the Copyright Act.

<span style="mso-bookmark: _Toc170033718"><span style="mso-list: Ignore">3.8.4      Using Your Own Recording Of Another Person’s Performance of Another Person’s Song (if you record a song from the radio) If you choose to include your own recording of another person’s performance of another person’s song, you will implicate both the reproduction rights and performance rights of the performer, as well as the reproduction and performance rights of the songwriter.

You will have to follow these steps to ensure the rights are cleared. To clear the reproduction and performance rights of the songwriter, follow the steps laid out in Section 3.8.3 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003000300030000000 . (1) Reproduction rights of the performer – contact AVLA to determine if the song you wish to record for your podcast is in their repertoire.

If it’s not, you will need to contact the performer directly to gain permission. If the song is in the repertoire, you can obtain a licence to record the performance in exchange for payment.

(2) Performance rights of the performer – contact the Copyright Board to determine if a tariff has been filed in respect of your desired use of the music. Where there is a tariff, you can use the music in exchange for payment.

Where there is no tariff, you are free to use the music in your podcast. If you cannot locate the owners of the copyright through the collectives, and you can demonstrate that you made a reasonable effort to do so, you can apply to the Copyright Board for a licence to use the work of an unlocatable copyright owner under section 77 of the Copyright Act.

<span style="mso-bookmark: _Toc170033719"><span style="mso-list: Ignore">3.8.5      Using A Pre-Recorded Version Of A Song (any song from a CD or a download) If you choose to include a pre-recorded version of a song, you will implicate the reproduction and performance rights of the songwriter, the performer, and the sound recording maker.

You will have to follow these steps to ensure the rights are cleared. To clear the reproduction and performance rights of the songwriter, follow the steps laid out in Section 3.8.3 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003000300030000000 . To clear the reproduction and performance rights of the performer, follow the steps laid out in Section 3.8.4 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003000330038000000 . (1) Reproduction rights of the sound recording maker – contact AVLA to determine if the song you wish to use in your podcast is in their repertoire.

If the song is in the repertoire, you can obtain a licence to copy the recording in exchange for payment. If it’s not, you will need to contact the label directly to gain permission.

(2) Performance rights of the sound recording maker – because performers and sound recording makers are entitled to equitable remuneration for the performance of their works, if a tariff exists for your desired use of the recording you must pay it.  To do so, contact the Copyright Board, as per section 3.4(2) above.

If you cannot locate the owners of the copyright through the collectives, and you can demonstrate that you made a reasonable effort to do so, you can apply to the Copyright Board for a licence to use the work of an unlocatable copyright owner under section 77 of the Copyright Act.

!!! 3.8.6      Using Pre-Recorded Song/Video Together If you choose to include a pre-recorded version of a song with a pre-recorded video, you will implicate the reproduction and performance rights of the songwriter, the performer, and the sound recording maker.