What Podcasters Need To Know About Fair Use

November 1, 2021Media Mention

Doug Mirell, a Greenberg Glusker litigation partner with extensive First Amendment experience, shares his perspective regarding the potential legal implications, such as copyright lawsuits, for using song clips to enhance a podcast. Doug recommends that professional podcasters have errors and omissions insurance and that they expand their audio searches beyond today’s Billboard charts.


“It would be difficult to imagine a situation where a 30-second clip from a song could be deemed a fair use.”

“Song clips in particular have significant market value, especially for use in television commercials and other ad campaigns.” 

“Search out material that has fallen into the public domain (e.g., ‘Happy Birthday To You’) or utilize, with appropriate attribution, content that has been licensed through Creative Commons.”

Read the full article here.