For many podcasters, the lure of music is irresistible. A favorite track can open an episode, punctuate a story, or create the emotional hook that keeps listeners coming back. It seems harmless—you are not selling the song itself, just sharing your creativity. But that perception is dangerously incomplete.
While platforms like Spotify, Apple Podcasts, and other distributors generally do not monitor music usage, copyright holders and the Federal Trade Commission (FTC) are watching—and they are patient. Music licensing is not optional. It is not a technicality. It is a legal obligation, and violations carry serious financial consequences.
In the audio-only podcast world, many creators get away with using songs without permission for months—or even years. The illusion of immunity is seductive: the content is digital, distributed widely, and enforcement is rare—or so it seems. But the system is neither blind nor slow. Sophisticated tracking methods and rights management organizations are increasingly able to identify unauthorized usage, particularly as podcasts grow in popularity and reach.
Consider a likely scenario. An episode featuring a popular song goes viral, racking up a million downloads across platforms. Rights holders, often acting through collection agencies or music licensing firms, can calculate the potential revenue generated by the episode based on average CPMs (cost per thousand impressions) for ads placed in that episode. Even if the podcast itself did not directly profit from the music, rights holders can claim damages for unauthorized use—and those damages are rarely trivial. Legal fees, statutory penalties, and retroactive licensing costs can easily reach six figures—or more.
To illustrate, consider the following table of potential liabilities:
| Episode Downloads | Average Ad CPM* | Potential Ad Revenue | Estimated Retroactive Licensing Fee** | Total Potential Liability*** |
|---|---|---|---|---|
| 10,000 | $25 | $250 | $1,000–$3,000 | $1,250–$3,250 |
| 50,000 | $25 | $1,250 | $5,000–$10,000 | $6,250–$11,250 |
| 100,000 | $25 | $2,500 | $10,000–$20,000 | $12,500–$22,500 |
| 500,000 | $25 | $12,500 | $50,000–$100,000 | $62,500–$112,500 |
| 1,000,000 | $25 | $25,000 | $100,000–$200,000 | $125,000–$225,000 |
| 5,000,000 | $25 | $125,000 | $500,000–$1,000,000 | $625,000–$1,125,000 |
*Average CPM based on typical podcast ad rates.
**Estimated retroactive licensing fees assume rights holders may charge $0.10–$0.20 per download or negotiate a lump sum.
***Total potential liability excludes legal fees, which can add 20–50% to the total exposure.
Even relatively modest download numbers can result in five-figure exposure, while episodes that perform well—or incorporate multiple popular tracks—can escalate into six figures or higher. Rights holders rarely waive fees; retroactive settlements are often negotiated at a premium.
The FTC also monitors unlicensed music in podcasts. Podcasts that profit from episodes containing copyrighted material may be at risk of enforcement if the unlicensed usage contributes to financial gain or misleads advertisers or listeners. Monetization does not exempt creators from respecting intellectual property. The law is clear: if you can hear it, you must have the rights. Popularity amplifies liabilities.
What makes this especially urgent is the growing sophistication of both rights holders and platforms. Many licensing organizations now employ audio fingerprinting technology, allowing them to scan vast amounts of content quickly and flag unauthorized usage. Some creators assume that “audio-only” content is safe because platforms like Spotify and Apple Podcasts do not actively monitor tracks. That is a dangerous misconception. Legal action can arrive years after an episode is published, and retroactive fees can accumulate rapidly as downloads and ad revenue scale.
In practice, the path of least resistance is prevention. Podcasters who plan to use music should secure licensing before publishing, whether through direct agreements with rights holders, subscription services for royalty-free music, or properly structured licensing platforms. It is not enough to rely on vague “fair use” arguments, which are rarely defensible in commercial contexts.
Navigating these rules can feel overwhelming, particularly for creators focused on content and audience growth. That is where expertise matters. At OMG Media Partners, LLC, we help podcasters implement clear, compliant music licensing practices across all platforms. We guide creators in sourcing licensed tracks, structuring agreements with rights holders, and implementing systems to prevent inadvertent violations. Compliance may seem cumbersome, but it is far cheaper than defending a claim—or paying retroactive fees—after your show becomes successful.
The consequences of ignoring these rules are stark. Legal action, retroactive fees, and reputational damage can all be devastating. A viral episode might become a financial liability. Years of creative work and loyal audience engagement can be put at risk.
The golden rule for podcasters is simple: if you can hear it, you must have the rights. Popularity will amplify everything you do, including the potential liabilities. Protect your show, your revenue, and your credibility before it’s too late.
At OMG Media Partners, LLC, we ensure your podcast not only entertains and engages your audience but also complies with legal and regulatory standards, helping creators grow sustainably and confidently in an increasingly regulated landscape.