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My Thoughts on PodShow’s PodSafe Music Network Terms and Conditions

Posted on August 29, 2005
Filed Under Daily Links, Digital Music |

I did say I was going to talk about the PodShow Podsafe Music Network TnC’s, although the initial bullet point review is more courtesy of Cory over at Boing Boing.

The problem is that in return for access to PodCast music, you agree to a license that prohibits you from referencing “software piracy (warez, cracking, etc.), hacking, phreaking, emulators, ROM’s, or illegal MP3 activity” or saying anything “deemed unsuitable or harmful to the reputation of PodShow or the Licensor.”

This is pretty nuts. Since when does the guy who provides the music to the radio station get to dictate what you’re allowed to talk about? Is the price of commercial music in a PodCast that you have to yield unlimited, arbitrary editorial control to a music label?

And it gets worse — under the terms of the license, you also agree to pay legal costs and damages to PodShow if you say something that gets them sued — even if the judge eventually finds in your favor.

Link: Boing Boing.

Running a music podcast is a little bit more fraught with legal issues than your regular “two blokes and a microphone on a bus” style podcast, but it’s not that difficult if you know what you want.

Obviously I can only really talk about TPN Rock here - and the first thing to note is that because of the remit it has (unsigned, unknown or underappreciated) the vast majority of spins on TPN Rock are from unsigned bands who still retain all their copyrights. The minoroty may have deal with a smaller company but they usually twigg that having thousands of people hear their new band at zero cost to themsleves is a good thing. On the face of it, the PodShow Music Catalogue appears to be a good thing. Bands who have already given permission, all the music in one place for me to choose from.

So why am I not using it? Here’s just a few reasons… and I’m not even going to start on a huge number of other issues surrounding music in podcasts, why Curry seems to have forgotten about the existence of AMP and a bundle of other issues that are starting to crystallise in my head. Besides, this post is already starting to be very “whine whine whine” so I won’t add to it, but just to re-iterate, this is why I’m personally not interested in the Podshow Podsafe Music Network. It may appeal and work for others, but not me.

4a: If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.

I’m just not happy about this one - imagine the fun any host is going to have pulling one song out a show. Effectivly you’d have to remove the show from your archive, your website, and any mention of the band, because I know I don’t keep all the editing files just in case.

8. You agree that a Broadcast or Music Podcast will not:
8a. contain hate material, promote violence, discriminate based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or contain any other materials deemed unsuitable or harmful to the reputation of PodShow or the Licensor;
8b. promote or reference software piracy (warez, cracking, etc.), hacking, phreaking, emulators, ROM’s, or illegal MP3 activity;
8c. promote illegal activities, deceptive practices or violations of the intellectual property rights of others; or
8 d. be advertised or promoted through the use of unsolicited bulk email.

We’ll tell you what you can say, think or do. We’ll tell you how to promote the show, we’ll stop you telling jokes about a Scotsman, Englishman and Irtishman walking into a bar, we’ll tell you what to think. If I say “you know, music piracy is a bad thing, don’t do it” I’d be breaking condition 8b? Crazy.

12. You agree to indemnify and hold PodShow, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any breach of your representations and warranties set forth above.

“Yes I know this band uploaded it as their own work. And yes I know it’s a bit crap. But Buddy Holly’s cousin thinks his father’s cousin wrote part of it in 1958 and they’re suing for 17 million dollars. Not Podshow’s problem.”

14. PodShow may modify the Terms of Use from time to time and such modification shall be effective upon posting by PodShow on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.

And this I really hate. Not even a “we’ll email any changes to the Terms and Conditions to you when they change.” Just changing a few words on the website in it’s ten point font. That’s just so open to abuse it’s unreal.

You know what I like about how I find the music for TPN Rock? The thrill of the chase. Finding that one little gem that I find hiding on a Geocities homepage (The Madnotes), or referenced by Robert Scoble from an airport departure lounge (Trial of Origin). Bands that are so small they haven’t even heard of Adam Curry! Is it all worth it? Well, when I see comments and blog posts like this…

I’ve dissed the whole podcasting phenomenom before, but I must say that Ewan Spence’s The Rock Show is podcasting as it should be: one person with a vision and a goal and the time to hunt down obscure bands that won’t get a showing anywhere else. I just finished up listening to #23 and it was really great. I started listening coming home Friday from a beer+dinner with the guys from work, and it really made the bus journey special. The Rock Show is now rooted in my bloglines list, and I’m looking forward to the next installment.
Link: The Occasional Scrivener

…of course it is. Let the music shows who want to stay in a restrictive contract and a limited pool of music stay there. Podcasting is still in its infancy, and it’s waaaaay to early for those of us who believe it can fundamentally change a great many things to be selling out for seven pieces of silver.

The trick is, of course, if you find something you like in the catalouge to approach the artists independently and ask for a non-exclusive, single-use licence for your own show. If they point to the PodShow agreement, then politely ask for something outwith that. There we go, no problem at all if you find the next Blondie.

Update: Terms and Conditions have been updated.

Comments

5 Responses to “My Thoughts on PodShow’s PodSafe Music Network Terms and Conditions”

Mollyzine - Podcasting on August 31st, 2005 6:32

Podsafe Music Network Bans Adam Curry?

Podsafe Music Network Bans Adam Curry?
Was reading on the Podcasting News site about the terms of use of the Podsafe Music Network. Here is a excerpt of that:
The Producer Terms of Use limit subject matter that can be discussed in podcasts that use…
Phillip Molly Malone on August 31st, 2005 6:58

Check out the following post:
http://mollyzine-podcasting.blogspot.com/2005/08/podsafe-music-network-bans-adam-curry.html

Interesting stuff.
Molly
mark - tartanpodcast.com on August 31st, 2005 7:01

Again, another post I’m interested in due to my association with some of the parties discussed.

Cory’s post has been noticed far and wide, but what’s interesting is that some people have picked up on his acidity. I mean, why be so acidic about a place that indie bands are embracing and keen to use?

Maybe Cory’s never done a music podcast or been in an unsigned band that’s desperate to have their music heard.

As for being sued - if you play music that you’ve got the express permission of from the writer to play, then there’s not much to worry about.

As for being sued for saying something about music piracy been a bad thing…well, that’s hardly going to happen. At the end of the day, it should be fairly painless for a reasonable person to go through their life, making a podcast, without getting sued. ;-)
Ewan on August 31st, 2005 14:33

Molly,

Nothing like sarcasm to get a point over. Nice.

Mark,

Nope I don’t think Cory has done a music podcast - if he had he’d find out (as both you and I have) the amount of fun you have simply by asking the artists to play the tracks. And, as I mentione din the post, I know that the Podsafe Music Network will work for some people, it’s just that I’m not happy with the TnC’s. I’m happy its there, more music casts all round are just what we need, but no one organisation can cover everything that’s needed. (COngrats on getting 50 shows on your cast BTW).
mark - tartanpodcast.com on August 31st, 2005 21:38

A big part of the PMN is that it allows a non-music based podcast to easily get a tune to close or drop into their podcast. Getting that music before PMN was tricky and often time consuming. Granted, just heading over to a website, clicking a genre and chosing a track isn’t the same as digging about and having direct contact with the artist. But, if that artist was asked which they’d prefer - being played on as many podcasts as possible or just being played on the few that had bothered to search them out…I’m sure they’d plump for the former.

Btw, I still get 99% of my music the same way I always did ;-)