# Copyright & Fair Use ## Using music in your podcast You can use music in your podcast if: * It’s the **public domain** (and be absolutely sure, since penalties are harsh) or * It has a [**Creative Commons**](https://creativecommons.org/) (CC) license that’s compatible with your use, or * That you otherwise have an explicit **license(s) or permission** to use Because of the way podcasts and music rights work — podcasts requires the same licenses one would need to reproduce and distribute a CD — in practical terms this means you're limited to: * Public domain music * CC-licensed music (with a license compatible with your use) * Royalty-free music ## Copyright and Fair Use Confusion around "fair use" is a constant. Here are resources to help you understand if your use of copyrighted materials may fall under U.S. copyright law "fair use" exemptions. ### Copyright ### Fair Use Fair use isn’t a right, but a legal defense. ### Resources * [Why Can’t Music Be Played in Podcasts?](http://www.amplifimedia.com/blogstein/2017/5/24/why-cant-music-be-played-in-podcasts) * [The Fair Use App: An Interactive Guide for Filmmakers and Video Creators](http://www.newmediarights.org/fairuse/) * [Fair Use Checklist](https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html) by Columbia University Libraries \[[direct PDF link](https://copyright.columbia.edu/content/dam/copyright/Precedent%20Docs/fairusechecklist.pdf)] #### For editor