Copyright Laws For Music in Podcasting

[j2legend]

For music producers/experts and people who know the ins and and outs in media broadcasting and copyright - I'm having trouble with the grey areas of copyright law involving music for use in podcasts. I've read the laws for 'fair use' of copyrighted material, however this is my scenario I'm struggling with:

This particular podcast we are trying to put together involves an intro sampled from copyrighted music works. I understand I can't blatantly play the song on the podcast without getting flagged and taken down on Google Play or iTunes for example. However, this intro is maybe a 25-30 second snippet with the lyrics taken out (instrumentals only) and modified with a voice recording of the title of the podcast in the middle of the sample.

My question is, does this still fall under the copyright act and not qualify for use as an intro? If not, can we use it if we don't plan on monetizing the podcast? It's basically only for fun. Thanks in advance for the answers.

 

[johnholmes]

In short, if it gets flagged it means the song's publisher contacted itunes, google etc and told them not to allow their music to be used for any podcast or video. There is nothing you can do. It's not a fair use issue.