(Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured); JDSupra, December 5, 2025

Richard Buckley, Jr. and Scott Hervey, JDSupra ; (Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured)

"Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.

In this featured episode, they cover:

- What makes a use “transformative”?

- Why credit alone doesn’t protect you

- How recent court rulings (Warhol v. Goldsmith) are changing the game

- Tips to stay on the right side of the law"

Podcaster Sued for Copyright Infringement for Using Music without Permission - Remember ASCAP, BMI and SESAC Licenses Don’t Cover All the Rights Needed for Podcasting; Lexology, November 29, 2018

Wilkinson Barker Knauer LLP - David Oxenford, Lexology; Podcaster Sued for Copyright Infringement for Using Music without Permission - Remember ASCAP, BMI and SESAC Licenses Don’t Cover All the Rights Needed for Podcasting 

"The bottom line – don’t use music in podcasts without getting permission."

A Presentation on Legal Issues for Podcasters - Who Owns What?; Lexology, August 3, 2018

Wilkinson Barker Knauer LLP - David Oxenford,

Lexology; A Presentation on Legal Issues for Podcasters - Who Owns What?

"Last week, I spoke at Podcast Movement 2018 – a large conference of podcasters held in Philadelphia. My presentation, Legal Issues In Podcasting – What Broadcasters Need to Know, was part of the Broadcasters Meet Podcasters Track. The slides from my presentation are available here. In the presentation, I discussed copyright issues, including some of the music rights issues discussed in my articles here and here, making clear that broadcaster’s current music licenses from ASCAP, BMI, SESAC and even SoundExchange don’t provide them the rights to use music in podcasts. Instead, those rights need to be cleared directly with the holders of the copyrights in both the underlying musical compositions as well as in any sound recording of the song used in the podcast."