This section applies to all users but is particularly relevant to SpindleCast podcast creators who may include music, sound recordings, or musical compositions in their episodes.
StreamSpindle's role: StreamSpindle is a distribution platform. We do not license music on your behalf, evaluate fair use claims, or clear rights to any third-party content. Users are solely responsible for obtaining all necessary licenses and clearances before distributing content through our platform.
Music you must have rights to:
- Master recording rights — the right to use the specific recorded performance (typically held by the record label or artist)
- Synchronization (sync) license — the right to use the underlying musical composition in conjunction with video content
- Mechanical license — required for reproduction of musical compositions in audio content
- Public performance rights — typically licensed via PROs (ASCAP, BMI, SESAC) but requirements vary by platform and territory
Fair use is not a blanket permission: Fair use is a legal defense, not an advance authorization. StreamSpindle does not evaluate whether any particular use of copyrighted material constitutes fair use under 17 U.S.C. § 107 or equivalent laws in other jurisdictions. If a rights holder submits a takedown notice for content you believe qualifies as fair use, you may submit a counter-notice, but StreamSpindle will comply with valid takedown requests pending resolution. Users relying on fair use do so at their own legal risk and agree to indemnify StreamSpindle for any resulting claims.
Royalty-free and licensed music: Music from royalty-free libraries (e.g., Epidemic Sound, Artlist, Musicbed) or content licensed under Creative Commons may be used subject to the specific terms of those licenses. Users are responsible for verifying that any such license permits distribution on commercial streaming platforms including Roku.
Incidental use: Brief, incidental inclusion of ambient music or background audio that is not the focus of the content may be treated differently under fair use doctrine. However, StreamSpindle makes no representations about whether any specific incidental use qualifies for fair use protection.
Music clips in podcast episodes: Playing a song clip to discuss, critique, or comment on it may constitute fair use under certain conditions — typically brief excerpts used for commentary purposes. However, users assume all legal risk for such determinations. If a rights holder disputes the use, StreamSpindle will act on valid takedown notices regardless of the user's fair use belief.