Using Music in Your Podcast: Do’s and Don’ts (and How to Get the Right Licence)
If you’re launching a podcast, chances are you’ve thought about adding music. Whether this be for an intro sequence, background track or because you have a music-focused podcast and would like to include snippets of the songs you’re discussing.
However, using music in a podcast without the proper rights can prevent you from monetising from your podcast or, in a worst-case scenario, get you into serious legal trouble.
In this blog we’re helping to break down the copyright laws for music in podcasting and what you can or can’t do - it’s a question we are so often asked!
Why Copyright Law Matters for Music in Podcasts
When music is released, it’s automatically protected by copyright to protect:
- The Composition (melody, lyrics etc.)
- The sound recording.
This allows the creator exclusive rights over their work and prevents others from using it without permission. So even using a few seconds of copyrighted music in a podcast without permission is typically illegal. The creator is the only one who can reproduce, distribute, perform, and create derivative works — and a podcast counts as both a reproduction and a public performance.
What You Can’t Do When Using Music in a Podcast
Don’t assume “fair use” applies
Fair use is a doctrine which allows you to use copyrighted work without the creator’s permission for purposes such as criticism, education, research or reporting. However, it is not a guaranteed right and often misunderstood. Therefore, as a podcaster you can’t assume this will protect you. It is always safest to seek permission from the creator or use royalty-free music.
Don’t rely on short clips
There is a misconception that if you use under 10 seconds of a track it’s fine – this is NOT a legal rule and using any recognisable copyrighted music without a licence can lead to:
- Copyright strikes
- Your podcast being taken off streaming sights
- Financial damages
- Loss of distribution privileges
Don’t use music you purchased
Buying a song on iTunes, Spotify, or on a CD gives you the right to listen to it— not to use it publicly.
Don’t use music labelled “copyright-free” unless you verify the licence
Many “free” tracks still come with restrictions. Always read the licence terms.
What You Can Do When Including Music in Your Podcast
Use royalty-free music specifically licensed for podcasting
Generally, you can pay a licence fee or subscription to a music licencing company and as a result you can use their music.
Good sources include:
- PremiumBeat
- Artlist
- Epidemic Sound
- AudioJungle
- Storyblocks
Always check that the licence covers podcasts, including commercial ones.
Use Creative Commons music (with caution)
Creative commons music is music released under a creative commons licence – a public copyright licence which allows for the free sharing of music under specific terms.
Some CC licences allow podcast use, but others do not.
Look for:
- CC BY – allowed with attribution
Avoid:
- CC BY-ND (no derivatives)
- CC BY-NC (no commercial use) if your podcast makes money
- CC BY-SA unless you’re prepared to licence your whole episode under the same terms
Hire a composer or use custom music
Commissioning original music (and obtaining the rights in writing) ensures you won’t face copyright issues.
Use music in the public domain
Older works may be free to use — but be careful: the composition may be public domain while the recording is still copyrighted.
How to Legally Obtain a Music Licence for Your Podcast
There are two main types of rights involved in music:
- Composition Rights – usually controlled by publishers or PROs (e.g., ASCAP, BMI, PRS, APRA)
- Master Recording Rights – typically owned by record labels or the artist who produced the recording
To legally use copyrighted commercial music you must obtain both licences. There are a few different types which are relevant to podcasting:
1. Synchronisation (Sync) Licence
A sync licence grants the right to pair music with another form of media — in this case, your podcast.
To obtain a sync licence, contact the music publisher, or a licensing agency that handles podcast use
2. Master Use Licence
This licence gives you permission to use the actual recorded version of the song.
To obtain a master licence, contact the record label, or the rights manager for the artist
How to Request a Music Licence
Be prepared to provide:
- Your podcast’s name
- Where it will be distributed (Apple Podcasts, Spotify, etc.)
- The specific track you want to use
- How long the clip will be
- Whether your podcast is commercial
- Your expected audience size
Costs vary widely — from a few hundred dollars to thousands — depending on the artist and how the music will be used.
Conclusion: Protect Your Podcast with the Right Music Licence
Using copyrighted music in your podcast without permission can cause you legal issues and be damaging to your podcasting career.
To stay safe, avoid using commercial tracks unless you’ve secured the appropriate licences.
Instead try royalty-free music, Creative Commons (with careful reading), or custom compositions.
