During our podcasts, The Listening Party makes use of copyrighted material that we have neither asked for nor been given permission to use (i.e. our use does not constitute consent from copyright holders nor endorsement of our podcast, website, or opinions from those copyright holders). Rather we attempt to respectfully use the material in the spirit of Fair Use. Copyrighted materials are used solely for commentary purposes, to bring attention to the specific pieces of art that we discuss on the program. Feature songs are played in their entirety, but are stopped, talked over, and generally mutilated so as to a) add content and b) prevent our podcast from serving as anything resembling a copyable version of the track we are trying to convince our audience to fall in love with. And finally, we offer these samples to our listeners with the stated goal of spreading the word about music we love. No harm is intended nor likely to befall the copyright holders of the materials used based on our fair use here. However, in the spirit of the artistic respect that defines fair use, we are willing to remove samples at the request of copyright holders.
Except for the use of our intro theme. That’s “Let’s Get It On” by the illustrious music geek, Moksha Gren. THAT we got permission to use.
US Code Title 17 / Chapter 1 / § 107 – Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.