It is crucial to clarify upfront that the following information is general and not a substitute for legal counsel. To address any copyright-related concerns, it’s advisable to seek guidance from a legal professional specializing in this area.

In most cases, using commercially popular music in your podcast intro or as background music is not permissible without securing the necessary licenses. Popular music is protected by copyright for both the musical composition and the actual sound recording, typically controlled by a music publisher and a record label, respectively. Obtaining a synchronization license from these entities is typically a complex and costly process.

The notion of “Fair Use” is often misunderstood and is unlikely to apply when using music for branding or atmospheric purposes in your podcast. Contrary to popular belief, there is no universally accepted “10-second rule” or similar provision that automatically permits the use of short music clips without permission.

Engaging in copyright infringement by using music without proper licensing can lead to severe consequences, such as removal of your podcast from major platforms and potential legal action from rights holders.

To ensure compliance and professionalism, consider using royalty-free music from libraries like Epidemic Sound or Artlist, exploring music under Creative Commons licenses (with attention to specific terms), or commissioning custom music from a composer. While the appeal of using familiar songs may be strong, it is essential to prioritize legally sound music choices for your podcast.