Podcasts use music constantly.

It may appear as an intro, background track, transition, outro or part of the actual recording.

But hearing your song inside a podcast does not work economically in exactly the same way as someone streaming the track normally.

The rights involved depend on how the music got there and what permission was granted.

A podcast play is not necessarily a song stream

Suppose your song is available normally on Spotify.

Someone presses play on the track.

That is an ordinary music stream.

Now imagine a podcaster records a 45-minute episode and includes 30 seconds of your song in the intro.

Listeners are streaming the podcast episode.

They are not necessarily generating ordinary song streams for your recording.

The music has become part of another piece of content.

That makes rights management important.

Two copyrights are normally involved

A commercially released song usually contains:

  1. The sound recording, or master.
  2. The underlying composition.

If a podcast uses the original recording, both may be relevant.

The master may belong to:

  • artist;
  • label;
  • catalogue owner.

The composition may belong to:

  • songwriter;
  • co-writers;
  • publisher.

A podcaster may therefore need permission covering both.

Background music still counts

Music does not need to be the main subject of the podcast.

If your song plays quietly under someone talking, it is still being used.

Likewise, usage may occur when:

  • a venue records a live podcast while music plays;
  • someone includes a clip during an interview;
  • an episode reviews a recording;
  • the song forms part of a trailer.

Different situations can have different legal implications.

Recognition technology is improving

Platforms and rights companies are increasingly able to recognise audio embedded inside other content.

DistroKid says its Social Media Pack now uses Spotify’s technology for identifying music in podcasts alongside YouTube, TikTok and Meta recognition systems.

For rightsholders, that creates another potential way to discover uses that previously might have gone unnoticed.

Licensing remains important

Identification technology does not replace permission.

If a podcast wants to use your song intentionally, a licence may still be appropriate.

That licence can explain:

  • which recording can be used;
  • how much can be used;
  • which episodes;
  • territories;
  • duration;
  • advertising use;
  • promotional clips;
  • fee.

A simple written agreement can prevent confusion later.

What about podcasts reviewing music?

Commentary and criticism can involve separate copyright considerations depending on country and context.

Do not assume every short use automatically requires the same licence.

Likewise, podcasters should not assume that saying “fair use” automatically makes any use legal.

Complex cases may need legal advice.

Make your catalogue easy to license

Keep:

  • master ownership;
  • publishing ownership;
  • songwriter splits;
  • publisher contact;
  • ISRC;
  • clean WAV master;
  • instrumental;
  • licensing contact.

If somebody asks to use a song tomorrow, you should know who can approve it.

Track podcast opportunities deliberately

Podcasts can create value beyond one licence fee.

A good placement can introduce your music to a highly targeted audience.

Think about:

  • sports podcasts;
  • gaming;
  • culture;
  • fashion;
  • business;
  • storytelling;
  • documentaries;
  • independent radio-style shows.

Music that fits the audience can create discovery as well as revenue.

Final thoughts

Podcast music use sits somewhere between streaming, sync and content licensing.

The exact economics depend on the rights, platform and agreement.

As audio-recognition technology improves, more of these uses may become visible to rightsholders.

Artists should make sure their catalogue ownership is clear enough to benefit when opportunities arise.