[Gamoe]

I've been browsing podcasts on iTunes, and I've been hearing many with songs or snippets of songs and sound effects, some obviously copyrighted (for example, the "Star Wars" theme). Some podcasts are collections of songs. I'm wondering what legal consequences, if any, this could have. Does the fact that podcasts are technically just recorded audio files, rather than over-the-air commercially broadcast shows change the issue?

[Warung]

I think you can play up to 20 seconds of a song without being in violation of copyright laws.

[Captain Obvious]

10% of the length or 30 seconds
And no it is considered the same. The laws have not caught up with technology though in this instance they shouldn't make an exception for postcasting if the intention is to circumvent and abuse existing applications of Fair Use. For now though assume that playing an entire song in the background of a podcast will be interpreted by the courts an infringement if you have not secured licensing to use it.

[Louis_SX]

Well if the original broadcast (like a talk show) has the rights to do it over the air, couldn't they do it on their podcast as well?

[Mastrap]

Most radio stations have a Universal Broadcast License. Meaning they can broadcast anything they like, however many times they like. I am not sure how this translates into podcasting, but I assume that it should be covered.

For individuals in need of music there's more and more podcast safe content available, either protected by a Creative Commons License or just released by the artist into the public domain. Check google for more info.

One thing that confuses me is dj-mixes. There are tons of these available, making use of copyrighted material. Legal or illegal?