Push Button Paradise

Some podcast shows just play music without asking for permission. For short clips, this is arguably fair use, though there is no well-defined boundary and thus always the spectre of legal repurcussions. Others stick to Podsafe Music, which can be a great option. I had specific ideas for my show, so wanted to go direct to the artists. But how does that work? I tried asking around but didn't find anything super helpful.

First, I decided that it had to work over email. Only email. This turned out surprisingly well. Making email contact worked 5 out of 5 times, though with delays in some cases. Second, and perhaps more importantly, this had to be a zero-budget operation. I'm not making any money off this, and I can't afford to pay out royalties. So, I set out on a quest to get musical permission. How did it work out?

In reverse chronological order:

Bobby Messano - I send email to the contact address on the official site. A few hours later, on a Sunday, Bobby himself responds with his personal email address and permission. Track: "Get Up And Dance With The Blues".

Jack Fetterman - Since I had his direct email address I asked him directly. The next day, he responded in the affirmative, with a few links to include back to him. Track: "The Chicken Dance (Flying Saucer Mix)"

Dana Countryman - You might know Dana from the original theme music on Mur Lafferty's I Should Be Writing show. I asked him first if he had anything in the same vein, and he directed me instead to Jack Fetterman. Thanks Dana!

Wendy Carlos - Yes, I had very specific and big ideas for the music. Apparently Wendy now has all of her music under one publisher, Northside Music. I sent email to the primary contact address. No response. I resent a week later, still no response. I resent a third and final time, three weeks later. Response, in the negative:

Wendy is very protective of her music, and will not authorize this usage.

Seems like it might have came directly from the artist, but at least it was definitive.

You've probably heard Wendy Carlos music before, even if you don't recognize the name, from Switched-on Bach and many similar works. Worth checking out. I know I've heard it on other podcasts, presumably unauthorized. I wonder if these folks are wrecking it for the rest of us..

Rick Wakeman - Yeah, only the legendary keyboard player for Yes and prolific solo artist. One of the really cool things about Rick is how he maintains close ties to his fans, through Rick Wakeman's Communications Centre. I initially wrote through the contact form on that site. Within a day or two, I got a response from the webmaster:

Rick cannot grant permission for this use because he is not the publisher, you need to contact the individual companies as listed on the CDs.

Having said that, there would be no practical risk in you doing what you want to do without permission, however as I say, Rick cannot grant that permission...

Was that success? I was staying conservative, so I tracked down an email address for the publisher. Again, within a few days, I got a response from Kassner Music, and the very knowledgeable and helpful David Kassner, who controlled the rights on three of the four tracks I suggested. He asked me for some details, including my contact information and address. (Hmm, I thought, everything they'd need to subpoena me.) I sent the info, and didn't hear back again. I followed up a week later, then again three weeks after that, but no response.

These data are probably a bit slim to draw widespread conclusions, but it sure seemed like small, independent artists are far more flexible and willing to work with podcasters.

Now for the plug: If you want to see why I went to all this trouble, check out my podcast, Editing Reality. Episode 5 has music from both Jack Fetterman and Bobby Messano. -m

posted at: 22:06 | under: 2006-03 | 0 comment(s)