I understand that there will be an announcement in January from APRA
with respect to music and podcasts. The delay was caused by there being
a misunderstanding about what podcasts are. They were at first
considered to be downloads, whereas now there has been a repositioning
of podcasts as timeshifted programming.

A decision has been made and a fee schedule created for copyright music
to be able to be used in podcasts…. Now that sorts out the music
publishing end of things. Apparently the copyright in the music
performance – which is the part that is owned by the record company -
is not so easy. It appears that what will happen is something along the
lines of what happened with streaming. That is, that existing free to
air broadcasters will be positioned where a piece of programming that
has gone to air and subsequently podcast may be considered to use an
extension of the license required in the first place to enable
broadcast.

This is an important step forward in one respect, but could be a blow
to start ups that want to podcast copyright material as they will
almost certainly not be entitled to the same fee schedule as existing
broadcasters.

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