[FAQ]

Hey everyone,

I’m in the process of creating my new podcast, and I have an idea to use a small clip of a well-known, popular song for my intro music to really set the right vibe for the show.

I’m really confused about the legality of this in 2025, though. Is it okay to use just a short clip, say 15 seconds, or is that still considered copyright infringement? I’ve heard people mention “Fair Use,” but I’m not sure if it would apply to using a song as intro or background music in a podcast.

I want to make sure I’m doing things by the book, so any advice is much appreciated. Thanks!

[Jeff Bullas]

It is essential to state up front that this is for general informational purposes and does not constitute legal advice. For specific legal questions regarding copyright, you should always consult with a qualified legal professional.

The direct answer to your question is no, you generally cannot legally use popular, commercially released music in your podcast intro or as background music without first obtaining the correct, specific licenses to do so.

The reason for this is that recorded music is protected by multiple layers of copyright. First, there is the copyright for the musical composition itself, which includes the melody and lyrics, and this is typically managed by a music publisher. Second, there is a separate copyright for the actual sound recording of that song, often called the master recording, which is usually owned by the record label. To use a popular song in your podcast, you would generally need to secure a “synchronisation license” from both the publisher and the record label, which can be a very complex and expensive process.

The common misconception about “Fair Use” rarely applies in this situation. Using a song for intro, outro, or background music is typically seen as enhancing your own creative work for an atmospheric or branding purpose, which does not usually fall under the categories of criticism, commentary, news reporting, or parody that Fair Use is designed to protect. Furthermore, the idea of a “10-second rule” or that using any short clip is automatically permissible is a myth; there is no such provision in copyright law.

Using copyrighted music without a license carries significant risks. Your podcast episodes could be removed from major platforms like Spotify and Apple Podcasts due to copyright claims. In a more serious scenario, it could lead to legal action from the rights holders for copyright infringement.

The safe and professional approach is to use music for which you have a clear right to do so. First, the most common solution is to use royalty-free music libraries. These are services like Epidemic Sound, Artlist, or PremiumBeat where you pay a subscription or a one-time fee to get access to a large catalogue of music that you are licensed to use in your podcast. Second, you can find music available under Creative Commons licenses, but you must read the specific terms of each license very carefully, as some require attribution and may prohibit any commercial use. Third, you could commission a composer to create custom music, which would give you a unique and exclusive theme for your show.

While it can be tempting to use a familiar, popular song, the legal and financial risks are substantial. The correct approach is always to use properly licensed music.

Cheers,

Jeff

[Author]

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