Q: Can I use 20-second excerpts from a Swedish musical artist for a discussion about whether they'd be a hit in the U.S.?
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A:
Using 20-second excerpts from a Swedish musical artist in your podcast can be a tricky area due to copyright laws. Even though your podcast is non-commercial and doesn't generate revenue, you still need to obtain permission from the copyright holder to legally use the music. Without permission, you risk facing legal issues, including potential takedown notices or lawsuits.
In some cases, using brief clips for commentary or criticism might be considered fair use under U.S. copyright law, but this isn't guaranteed. Fair use is determined on a case-by-case basis, considering factors like the purpose of use, the nature of the work, the amount used, and the effect on the market value of the original work. Since your podcast is discussing the artist's potential success in the U.S., it might strengthen your fair use claim, but it's still a gray area.
To be safe, you should consider reaching out to the artist or their representatives to request permission. This approach can help you avoid any legal complications and show respect for the artist's rights. If you can't obtain permission, you might want to explore other ways to discuss the music without using the actual recordings.
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