Podsafe - Definition of "podsafe"

Definition of "podsafe"

The effective definition of "podsafe" for a given work depends entirely on the contract through which the podcaster licenses the work; there is no single podsafe license.

While some works (such as public domain works or works under some Creative Commons licenses) are inherently podsafe, the only actual requirement for a work to be podsafe is that any licensing requirements it has, if applicable, allow for the work's free use (typical broadcast use in its original form, if in no other form, depending on the specific license) in a podcast or web broadcast. This gives specific favor to podcasts only, allowing the artist to impose more traditional constraints on everyone else. Podsafe licensing can, for example, continue to require non-podcast consumers to pay for the work, require royalties on derivative works, and profit significantly from the work's use in traditional radio, television, or film.

The licensor of any podsafe work must be legally capable of making it so. An artist cannot distribute his or her own work through a podsafe license if doing so would break any laws or breach any standing agreements (e.g. with the RIAA). The creator of a derivative work may also not claim this work podsafe without express permission from the original copyright holders. (PMN has more specific and stringent terms to this effect in its agreement.)

Another point of contention is that not all podcasts are non-commercial works; in fact, an increasing number of podcasts are taking on sponsors and looking to make a profit. In general, no significant distinction is yet made between podsafe for non-commercial use and podsafe for commercial use, but it could easily arise at any moment.