Respecting everyone's rights: Podcasts and copyrighted content

Intellectual property. We get it—it’s complicated. You pour your heart and soul into creating great content, and Spotify wants to help you spot and avoid some common pitfalls. 

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Copyright legislation is constantly in flux. But it’s also necessary to ensure that all creators retain control over how their works are used and are fairly compensated for them. As podcasting becomes more popular, more third parties are paying attention to what’s in your show. 

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Most of the time, they may look for professional music or other professional recordings, and in some cases, they may use automated tools to find cases where they think their intellectual property (IP) is included in your show. 

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Spotify wants to help you prepare for this increased scrutiny and make sure your shows avoid falling into a copyright infringement hole, which could lead to your content being taken down. We’re committed to supporting creators and ensuring a fair and equitable environment for all. In this case, that means helping you, as a creator, understand this always-evolving landscape. 

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Read on to learn how you can ensure your content is protected and compliant. 

Podcasts and copyright: The basics

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Copyright legislation and licensing obligations have always existed. By accepting Spotify’s terms and conditions, users have agreed to abide by these laws prior to uploading content onto our platform. With rising enforcement around the globe, anyone working directly with podcasts, user-generated content (UGC), labels, or creators needs to be aware of and understand how to properly use copyrighted material and avoid infringement. 

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You might be wondering exactly what this “infringement” means. At its core, it’s simply using someone else’s copyrighted work without permission, and when no other exceptions that would allow the use apply. As a creator, you want to stay legally compliant on this front. Repeated infringement means your content, catalog, and even your account could be taken down, and no one wants that.

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Spotify has built a system that will proactively alert creators when their podcast episodes might be at risk. If we think a piece of content may violate copyright laws, Spotify will send an email flagging the episode(s) in question so you can address it before it gets taken down. You will then have an opportunity to either assert your rights to the content or find an alternative solution.

Common misconceptions about intellectual property laws

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There are a few misconceptions about IP laws and copyright floating around that have the potential to get creators into trouble. Let’s break them down:

I can use any piece of media (music, audio clips, movie clips, etc.) as long as it falls within the “under 10 seconds” rule. 

False. Just because you use a short clip of a creative work doesn’t mean you have the rights to do so. 

It’s all good, I provided credit to the original rights holder on a webpage or at the end of my content. 

No. Giving attribution doesn’t make it okay to use copyrighted music without permission. 

Don’t worry, my show isn’t making money, so it’s okay to use any content however I’d like. 

Whether your show is for profit or helping you make a living, you still need to follow copyright laws. 

I have the rights to the content because I bought a copy of [song, movie, etc.]

Afraid not! Purchasing a copy of a creative work only gives you the right to personal use, not distribution rights. It doesn't grant you the right to use that content in your own creations.

I’ve heard about “fair use,” and I think I should be fine. 

Careful! Under the U.S. copyright statute, the “fair use” doctrine states that “it is permissible to use limited portions of a work (...) for purposes such as commentary, criticism, news reporting, and scholarly reports.” but the rules of what constitutes fair use aren’t so straightforward. If you are relying on fair use or a similar principle, make sure you're doing so properly.

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How to avoid copyright infringement

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There are several ways to incorporate compelling content into your podcast while staying within the bounds of copyright laws. You can pay for rights to use the content or turn to works that belong to the government or fall under the public domain.

Licensing

If you really want to use someone’s copyrighted work on your show, then your best bet is to pay a fee in exchange for the holder’s permission to use their content. This might involve dealing directly with artists, labels, studios, or performance rights organizations. While costly, this is the only approach (barring “fair use”) that allows creators to use third-party-owned works in their shows.

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You can also look into royalty-free content. There are subscription services that offer vast libraries of music, sound effects, and video content, all cleared for use. For a monthly or annual fee, you gain access to a wealth of high-quality, professionally produced content you can use without worrying about individual licensing agreements or royalty payments. 

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However, it's important to note that "royalty-free" doesn't mean completely free. You still need to pay for the subscription, and there may be restrictions on use depending on the specific service and subscription tier. Always read the terms of service carefully to ensure your intended use is covered.

Public Domain

A work that has entered the public domain can be used freely and isn’t protected by copyright laws. Works can enter the public domain for various reasons—perhaps their copyright has expired, or maybe the creator intentionally released them to the public.

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Copyright laws vary by country, and determining whether a work is truly in the public domain sometimes requires careful research on your part. It's also worth noting that while the original work might be in the public domain, more recent adaptations or recordings of it may still be under copyright.

Creative Commons

Creative Commons (CC) licenses offer a middle ground between full copyright protection and the public domain. These licenses allow creators to specify how others can use their work while retaining some rights, and are a great way for you to incorporate external material legally and ethically into your own content. Depending on the type of CC license, you will have specific terms you will need to follow.

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To find CC-licensed content across a variety of formats, head to the CC search portal.

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FAQs

General

Why does Spotify remove content that infringes copyright laws? 

Spotify is committed to supporting creators and ensuring a fair and equitable environment for all, both music and podcast creators. Copyright infringement and the removal of content in violation is a legal obligation that Spotify must comply with globally. 

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When signing up for our service, all creators agree to these same principles. We want to communicate transparently and clearly to ensure all creators understand the process and can successfully protect their content. 

Where can I find more information about copyright law? 

You can find more information here (for European legislation) and here (for American legislation). 

Does this only apply to new content? 

No. These laws apply to all past, present, and future work. 

Are there any exceptions? 

Some exceptions to copyright protection exist, such as “fair use” in the United States. Other countries also have exceptions to copyright infringement, but these rules vary from country to country, and what may be OK in the United States may still violate copyright law in other parts of the world. Read more about exceptions to copyright in EU countries here, and exceptions to U.K. copyright here. 

Copyright

What does “fair use” mean? 

Fair use is a legal doctrine in the United States that provides a limited defense to copyright infringement. It is based on the belief that the public is entitled to freely use portions of copyrighted materials for limited purposes, such as commentary and criticism. Read more about U.S. fair use law here. 

Help! I’ve found some pieces that may violate copyright laws. What should I do? 

If you’ve reviewed your content and identified some uses that may violate copyright laws, you can always find ways to update your podcast. For example, consider using rights-free or rights-pre-cleared libraries or other public resources. Alternatively, you can obtain licenses for the third-party content directly with the rights holders. 

If a song is in another podcast, doesn’t that mean I can use it freely? 

No. Each podcaster may have their own licenses with rights holders or may use music in a different way, so just because someone else did it doesn’t mean you can. 

What if I just use one second of a clip? Could that still be copyright infringement? 

Yes! Even short snippets and a second of a clip can be infringing, and there is no such thing as a “10-second rule.” 

What type of content would be considered third-party copyrighted material? 

Any original works (e.g., music, sound clips, video clips, movie clips, interviews, poetry, plays, or other works) not created by you could be considered third-party copyrighted material.

Process

I received a notice that my podcast(s) contain copyrighted content. What additional information do I need to provide? 

Please click the “review content” link in the email you received. You’ll then be taken to a form where you can provide us with more information about the content in your podcast(s). You will need to let us know whether the content was directly licensed, qualifies for an exception, or may have been flagged in error. 

How do I unpublish flagged episodes? 

You can remove reported episodes through the web form that is linked in the initial email notice that you received. 

What content can I use instead of what was reported? 

You can find new content by using rights-free or rights-pre-cleared libraries or other public resources. Alternatively, you can obtain licenses for third-party content directly from the rights holders. 

I received a notice that my podcast(s) contains copyrighted material, but only some episodes were reported. Do I need to review all of the episodes that contain third-party content? 

Yes, it’s possible that episodes that have not yet been reported to you may be reported by rights holders. We recommend reviewing all of your podcast episodes.

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Still have questions? No problem!

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We recommend you check out some of these useful resources. We’ve got your back with everything from myths and truths surrounding copyright infringement to handy pages where you can get royalty-free content to use on your podcasts instead. Freebies plus avoiding infringement and potential content take-down? Win-win.

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13 BEST PLACES TO FIND ROYALTY-FREE MUSIC FOR PODCASTS (A list of royalty-free music services curated by Riverside)

THE PUBLIC DOMAIN REVIEW’S GUIDE TO FINDING PUBLIC DOMAIN WORKS ONLINE (A curated list of resources to find works that fall under the public domain

15 QUESTIONS FROM CONSUMERS ON COPYRIGHT (European Union Intellectual Property Office)

CAN I USE SOMEONE ELSE'S WORK? CAN SOMEONE ELSE USE MINE? (U.S. Copyright Office)