Terms and Policies

Privacy Policy

Effective Date: June 30, 2022

Megaphone, a service offered by Spotify (“Megaphone,” “we,” or “us”). Megaphone is committed to treating the personal data we process with respect and sensitivity. We want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data. This Privacy Policy (“Policy”) aims to explain what we mean in further detail below.

1. About This Policy

This Policy sets out the essential details relating to our collection, use, and disclosure of personal data you use the website, Publisher Platform, Advertiser Services, and any other products and services that link to this Policy (collectively, the "Services"). 

In this policy we describe our personal data processing activities for the following types of data subjects: 

  • Publishers (“Publishers”) who use our publisher-facing product (the “Publisher Platform”) that helps publishers of podcasts monetize their podcasts by inserting ads into the podcasts hosted by Megaphone. Publishers also have the option to utilize the Spotify Audience Network (“SPAN”) as part of our service offerings.
  • Advertisers (“Advertisers”) who use our advertiser-facing services (the “Advertiser Services”) to help reach targeted audiences, which includes the SPAN and dsp.megaphone.fm (“Advertiser Dashboard”).
  • Listeners (“Listeners”) of podcasts hosted by Megaphone, whether they are listening on Spotify or other third party audio streaming services. 

With respect to personal data about Publishers and Advertisers, Spotify is the data controller. With respect to  personal data about Listeners, if Spotify is processing the data as part of providing SPAN services, Spotify is the controller. In all other contexts with respect to Listeners, Spotify is the processor.

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

2. Your Rights and Preferences

As provided by applicable privacy laws, you may have certain rights as individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of access - the right to be informed of and request access to the personal data we process about you;
  • Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to erasure - the right to request that we delete your personal data;
  • Right to restrict processing - the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right to object - the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes;
  • Right to withdraw consent - If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).” We may decline requests to exercise these rights where we are unable to authenticate you as the person to whom the data relates.

In addition to the rights above, you always have the following choices regarding promotional communications and notifications:

  • Promotional Communications - If you are a Publisher or Advertiser who have opted into receiving newsletters from us (which may include updates about new or improved products and features), you may opt out of receiving promotional communications from us by following the instructions in those messages or by contacting us at any time. If you opt out from promotional communications, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

We do not sell Listener personal data and have taken substantial steps to identify and remediate any data sharing arrangements that could constitute a "sale" under the CCPA following our acquisition by Spotify. We will continue to update our business practices as regulatory guidance becomes available and provides clarity on what constitutes a sale transaction, particularly in the advertising ecosystem.

If you are a Listener, depending on the service on which you listen to podcasts (e.g., Spotify or another service), that service’s privacy policies may apply to you in addition to this Policy, which may contain additional disclosures and rights. If you are a Listener and listen to podcasts on Spotify, Spotify’s user privacy policy can be found here

If you have any questions about your privacy, your rights, or how to exercise them, please see the “How to contact us” section below for information on how to contact us. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. For personal data of which we are the controllers, you can also contact and have the right to lodge a complaint with the Swedish Authority for Privacy Protection (Sw. Integritetsskyddsmyndigheten) or your local Data Protection Authority.

Between January 1 and December 31, 2021, we have not received any verifiable requests for access or deletion of data that we are the controllers of.

3. Personal Data We Collect About You

If you are a Publisher, the following tables below describe the categories of personal data we collect about you and how we collect it.

Data you choose to provide to us:

Data we collect through your use of the Publisher Platform:

If you are an Advertiser, the following tables below describe the categories of personal data we collect about you and how we collect it.

Data you choose to provide to us:

Data we collect through your use of the Advertiser Services:

If you are a Listener, the following tables below describe the categories of personal data we collect about you and how we collect it.

Data we collect through your listening of podcasts hosted by us:

Data you choose to provide to us:

Data about you we receive from other sources.

4. Purposes of Processing

If you are a Publisher or Advertiser, when you use or interact with our platforms and services, we use a variety of technologies to process the personal data we collect about you for various reasons. If you are a Listener, when you listen to a podcast hosted by Megaphone, we process the personal data we collect about you to provide you a more personalized ad experience. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 3) used for these purposes:

5. Sharing of Information

With respect to personal data we are controllers of, we may share or disclose the  data under the following circumstances, or as otherwise described in this Policy:

  • Within the Spotify group of companies. We may share your personal data with Spotify affiliates to carry out our daily business operations and to enable us to maintain and provide services to you.
  • Service Providers. We may share your information with our agents and service providers that perform certain functions or services on our behalf, such as to host our Services, manage databases, facilitate payment or send communications for us. We have direct relationships with certain advertising, marketing and analytics services (including some of our measurement partners) who also are our service providers that help us collect and analyze personal data.
  • In connection with a transfer of assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your personal data to one or more third parties as part of that transaction;
  • To comply with legal requirements. We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to a valid legal process, such as a search warrant, a court order, or a subpoena. We also will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
  • Other parties with your consent. We may share information about you with third parties when you consent to such sharing.

6. Cookies

When you use the Publisher Platform or Advertiser Services, we or our third party partners may store some information on your device or device hard drive as a "cookie" or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of these services and for the purpose of facilitating and enhancing your communication and interaction with the Website.

We use the following types of cookies on the Publisher Platform and Advertiser Dashboard:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. 
  • Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it (such as Google Analytics).
  • Functionality cookies. These are used to recognize you when you return to our website (such as cookies dropped by Intercom). 

We currently do not directly collect personal data about Listeners through cookies.

7. Opt-Outs

Opting out of cookies. If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our service or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personal data from your device without your knowledge.

Opting out of targeted advertising via Nielsen. We use data we receive from Nielsen to facilitate tailored advertising within your podcast listening experience. If you want Nielsen to stop providing us with your information, please use Nielsen’s opt-out function

Please note that Nielsen’s opt-out function does not opt you out of tailored advertising entirely - it works independently and is unique to each browser on your devices and each IP address that you use to access podcasts. For instance, if you opt out of tailored advertising on your iPad at home but not on your iPhone at home, you may still receive tailored advertising while listening to podcasts on your iPhone. Relatedly, if you opt out on your iPad at home but then listen to podcasts from a different location, you may still receive tailored ads. 

Once you opt out, Nielsen will stop providing us with your data. It can take up to 30 days for our database to update your selection, during which you may still receive tailored advertising.

8. Links to Third Party Sites and Services

Our website may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by Megaphone.  Such links do not constitute an endorsement by Megaphone of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

9. Data Security

We are committed to protecting the personal data in our systems. We implement appropriate technical and organisational measures to help protect the security of personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.

If you are a Publisher or Advertiser and have an account with us, you are responsible for maintaining the confidentiality of your account password and for any access to or use of your account using your password, whether or not authorized by you.  Please notify us immediately of any unauthorized use of your password or account or any other breach of security.

10. Data Retention and Deletion

We keep your personal data only as long as necessary to provide you with the service you are using and for legitimate and essential business purposes, such as maintaining the performance of our services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. 

If you have elected to receive marketing communications from us, we retain information required to send these communications until you opt out of receiving these communications in accordance with our policies.

11. International Transfers

Spotify USA, Inc. is based in the United States and we process and store personal data in the United States and other countries. We may share your personal data globally with Spotify group companies in order to carry out the activities specified in this Policy. Spotify may also subcontract processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances Spotify shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

12. Changes to this Policy

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in case of material changes, we will provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you. 

13. Contact Us

Thank you for reading our Policy. If you have any questions about this Policy, please contact our Data Protection Officer by emailing contact@megaphone.fm or by writing to your relevant data controller at the address below.

If you reside within the U.S., the Spotify data controller can be reached at: 

Spotify USA Inc. 150 Greenwich St. New York, NY 10007 USA

If you reside outside the U.S., the Spotify data controller can be reached at: 

Spotify AB Regeringsgatan 19 111 53 Stockholm Sweden

Terms and Conditions for Online Advertising

  1. Megaphone LLC (Megaphone) reserves the right to edit, revise, or reject any listing, advertisement or other content (collectively "advertising" or "advertisement") for any reason.
  2. The advertiser and advertising agency jointly and severally assume liability for all content (including text representation, illustrations, updates and links to other internet content) of advertisements published and also assumes responsibility for any claims arising there from made against Megaphone or its affiliates, including Megaphone, including all costs associated with defending any such claim.
  3. All positions are at the option of Megaphone. In no event will adjustments, reinstatements or refunds be made because of the position in which an advertisement has been published. Megaphone will seek to comply with position requests and other stipulations that appear on insertion orders but cannot guarantee that they will be followed. Payment of a premium position fee does not guarantee positioning. In the event that Megaphone is unable to provide the requested positioning, the premium position fee will be refunded. Customer service representatives and sales representatives are not authorized to modify this provision or to guarantee positioning. Misclassification of advertising is not permitted.
  4. Advertiser understands and agrees that Megaphone shall be the exclusive owner of any and all right, title, and interest, including copyright in and to any works of authorship, derivative works, adaptations, inventions or other intellectual property generated by Megaphone, its employees or agents pursuant to this agreement, and any advertising and-or promotional materials relating thereto. Advertiser retains ownership of all advertising in the form delivered to Megaphone, and any existing trade and service marks of the advertiser.
  5. Advertiser grants to Megaphone the worldwide royalty-free right to redistribute, sublicense, and otherwise distribute the advertising to any third party in any medium whatsoever.
  6. The advertiser or advertising agency shall pay the production cost of advertising created by Megaphone but not used. Charges for changes (not corrections) from original layout and copy will be based on current production rates.
  7. Megaphone will not be responsible for errors appearing in advertisements which are placed after deadline or for errors due to late delivery of material from the advertiser or advertising agency or from a third party designated by the advertiser or advertising agency as a source for material to be published.
  8. Cancellations, corrections, changes of advertising dates and/or changes of advertising content must conform to published deadlines and must be submitted in writing. If an advertiser/agency cancels a contract before all impressions are served, Megaphone reserves the right to recalculate the rate (CPMs) based on the amount of impressions that actually ran utilizing the Megaphone rate card that was in existence at the time the contract was signed. The advertiser/agency shall be billed and pay the calculated difference.
  9. Cancellations, corrections, changes of advertising dates and/or changes of advertising content cannot be guaranteed between the time the order is placed and the initial publication.
  10. Megaphone does not assume any liability for the return of any material in any medium in connection with advertising unless a specific written request is received to hold such material for a period not exceeding seven (7) days.
  11. On advertising where credit is allowed by Megaphone in its sole discretion, monthly accounts are due 30 days from the date on the invoice. If any credit card transaction is not approved for any reason, such account shall be deemed delinquent. When any part of an account for advertising becomes delinquent, then the entire amount owed shall become due and payable and Megaphone may refuse to publish any advertising. In this event, the advertiser or advertising agency shall pay for advertising according to the rate earned at the time of the delinquency.
  12. Extension of credit to an advertising agency is based on the agency's acceptance of the sole liability for all advertising placed by the agency and billed to its account. No endorsement, statement of disclaimer on any order, check or letter shall act as an accord or satisfaction, or as a waiver of this condition unless and until it is accepted by Megaphone by a separate written agreement signed by a duly authorized representative of Megaphone. In the event of nonpayment of any agency account, prior to referring such account for third party collections, Megaphone reserves the right to contact the agency's client(s), as disclosed principal(s), for payment. If the outstanding balance is still not satisfied, Megaphone may proceed with collections against both the agency and its client(s). No such action on the part of Megaphone hall relieve the agency of liability for the debt.
  13. There will be a $25.00 charge for any check not honored by the bank. Returned checks must be replaced with certified /cashier/wire transfer funds within 48 hours of notification. Megaphone reserves the right to withhold further advertising pending receipt of replacement funds.
  14. In the event an account is referred to a third party for collection, advertiser and advertising agency agree to pay all collection fees including attorneys' fees and court costs incurred to effect collection.
  15. Incorrect rates on orders that do not correspond to current rates will be regarded as clerical errors and the advertising will be published and charged at the applicable rates in effect at the time of publication.
  16. Orders are accepted by Megaphone subject to the foregoing terms and conditions. Terms, conditions, rates or agreements not set forth herein or in the current rate schedules are not binding. Customer service representatives and sales representatives are not authorized to modify any of these terms and conditions. Any modification of these terms and conditions is effective only if set forth in a separate written agreement signed by a duly authorized representative of Megaphone. Megaphone is not bound by any promises or representations made by its sales representatives unless set forth in writing and signed by an officer of Megaphone.
  17. Megaphone shall not be liable to the advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or web sites or the service.
  18. All advertisements displayed or used on any of Megaphone properties or websites, associated with any of Megaphone brands or given to Megaphone for use in any advertising campaign shall not cause any damage to the computers, servers, software or any other technology of our end users. Further, Advertiser agrees that it shall not post, transmit or make available, in any way, any software, technology, program or other material which contains a computer virus, trojan horse, timebomb, worm or other technology or software causing damage to an end users computer. Notwithstanding the foregoing, Megaphone has no obligation to detect the presence of any computer virus, trojan horse, timebomb, worm or other technology or software causing damage to an end users computer in any item received from Advertiser.
  19. These Terms and Conditions supersede any terms contained in any Insertion Orders, even if signed by a representative of Megaphone.

Community Guidelines

At Megaphone LLC we value community. We created these guidelines to help us foster and protect the community we have worked so hard to build and grow since 2015. By using the Platform, you agree to follow these guidelines, the Spotify Platform Rules, our Master Services Agreement, governance documents and any schedules/order forms (if applicable). These guidelines include important information about our expectations of you while using the Platform. These guidelines pertain to podcast, show pages, art and episode descriptions. Please take the time to carefully read through our guidelines. Violations of these guidelines may lead to removal of your podcast, content and/or your Platform account(s).

1. Principles

Respect Megaphone is an open Platform. Our community is representative of all backgrounds and beliefs. We ask you to respect everyone on the Platform.

Respect on Megaphone’s Platform means adhering to the following basic principles:

Anti-Bullying and Harassment You will not submit to the Platform abusive or threatening content. We consider abusive or threatening language to be any language that intends to invoke fear of bodily harm or death.

Privacy of Others/Impersonation Everyone on the Platform has a right to privacy. We welcome the use of professional identities, social media handles or stage names on the Platform. However, you are not permitted to create user profiles or post content that intends to make people think you are someone else. And you are not permitted to use someone’s name, likeness, trademark, voice, etc. without their permission. And you are not permitted to post recordings of conversations without the knowledge and consent of everyone on the recording.

Privacy of Others/Data Sharing Restrictions Except as expressly permitted in writing by Megaphone, Publishers who use measurement partners will ensure that each of their measurement partners only use data received from Megaphone for the purpose of providing the Publisher measurement and attribution reporting. Publishers will ensure measurement partners do not sell or enable the sale of any data received from Megaphone. If a Publisher would like to transition to partnerships with Megaphone-approved measurement partners, please contact us. The terms “sell” and “service provider” used in this paragraph shall have the meaning set forth in the California Consumer Privacy Act.

Spam Let’s keep Megaphone spam-free. To support this effort, we have policies in place to prohibit spam activity.

The following activities are not permitted:

  • Posting unsolicited mass messages or promotional comments
  • Creating multiple accounts with the intention of inflating popularity of other profiles  
  • The creation, use, or promotion of: - Bots or other automated means to perform social interactions - Services that claim to boost a profile’s popularity such as listeners, likes, reposts; - Services that sell social interactions or other forms of promotion on Megaphone.

2. Content Guidelines

Copyright

Upload only content you created:

  • You must own or hold all necessary licenses (copyrights, etc.) to all content you post.
  • It is your responsibility to ensure that you have the necessary licenses from all copyright holders in order to post the content to Megaphone’s Platforms. Read more.

You cannot upload certain types of content:

  • No third party copyrighted material. Read more about Copyright and Fair Use.
  • No sexually explicit material or pornographic content. Read more.
  • No podcasts that contain hate, discriminatory or defamatory speech, harass others, or violate another person’s privacy. Read more.
  • No podcasts verbally describing or promoting violence, self-harm or cruelty towards animals. Read more.

Violations

Violations of any of our Master Services Agreement, Governance Documents and/or Schedules (if applicable) may lead to the removal of your podcast(s) or disabling of your account.Reporting Abuse and Guidelines If you encounter any content that breeches these guidelines, please tell us about it. We will review all reports objectively and remove any content that violates these guidelines. Help us continue to make Megaphone an amazing space.

Copyright Law and Infringement

What is copyright?

Copyright is a form of protection grounded in the US Constitution and granted by law for original published or unpublished works of authorship. An original photograph, book, audio recording or song are examples of copyrighted work.

What does it mean to hold copyright?

When you create a copyrighted work, you own a variety of rights. Including the rights to copy, distribute, publicly perform, adapt or create derivative work and license the work. You may exercise these rights by yourself or you can prevent others from exercising them. You may also sell or assign your copyrights to another person.

Do I have to register my copyright with the government?

In the U.S. you do not have to register your copyright with the government. When you create an original work, you are granted copyright that you may use or sell.

In the U.S. if you want to sue someone to prevent them from infringing on your copyright, then you must register your copyright with the U.S. Copyright Office. Other countries have different rules on what is required to enforce a copyright.

U.S. law encourages you to register your copyrights. If you register your copyright before someone infringes upon it, you may have certain additional remedies available to you, such as the right to recover statutory damages and attorneys’ fees.

Do I have to include a copyright logo © to assert my copyright?

No. Some people use the logo to indicate that their work is copyrighted, however the logo is not required.

Can I use someone else’s copyrighted work?

If you are using someone else’s copyrighted work, then you must license and use the work only in the manner they’ve authorized.

If you are using material in a Fair Use manner, you do not need to obtain permission from the copyright holder.

Can Megaphone take action if someone pirates my podcast?

As the copyright holder of your podcast, you are responsible for enforcing your copyright. Megaphone doesn’t own the copyright to your podcast, therefore we can’t take action on your behalf.

How do I send a DMCA takedown notice?

If you believe in good faith that your work has been reproduced or is accessible on the Platform in a way that constitutes copyright infringement, please see the DMCA takedown information on our site here.

Many websites provide a guide for submitting DMCA takedown notices against copyright infringement.

For sites that don’t have a built-in DMCA notice process, you will need to create your own takedown notice.

If needed, repeat the takedown process for all of the sites hosting your pirated material.

If a pirated version of your podcast shows up in Google search results, you can file a DMCA here to have the link removed.

Sexually Explicit or Pornographic Content

Megaphone restricts podcasts, show pages, art and episode descriptions that contain explicit depictions and/or descriptions of sexual activity, sexual imagery or nudity; as some members of our community may be sensitive to such content. We strive for Megaphone to be a safe space for everyone.

Megaphone does not allow podcasts that contain pornographic content. Violent, sexually explicit language or imagery, dehumanizing or humiliating content is not permitted on the platform.

Megaphone respects creative expression. As such, we allow verbal and written descriptions of sexuality that serve a clear creative, scientific, artistic, educational, aesthetic, or narrative purpose.

Hate Speech

How does Megaphone define hateful, harassing, defamatory and discriminatory content?

Megaphone has the right to remove podcasts which:

  • Makes derogatory or inflammatory statements about individuals or groups of people that carries no meaning other than the expression of hatred toward a particular group, especially in circumstances in which the communication is likely to provoke violence.
  • Are incitements to hatred primarily against a group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation, etc.  
  • Are intended to hurt someone’s reputation.

Fair Use

What is Fair Use?

Under U.S. Copyright law, Fair Use is the copying of copyrighted material done for a “limited” and “transformative” purpose for example, commentary,  criticism, or parody. Such uses can be made without permission from the copyright owner.

Fair Use recognizes that while the primary purpose of copyright laws is to encourage artistic and cultural innovation, rigid application of copyright law would stifle creativity. We all benefit when creators have the freedom to critique and comment on the works of their peers or reuse artistic material in new and inventive ways.

Under the Fair Use doctrine, may I use any material I want without permission?

No. Every usage of copyrighted work is not Fair Use. Circumstances and context are determining factors as to whether something is Fair Use.

Who makes Fair Use determinations?

In the U.S., the courts decide. As a content creator you should understand the concept of Fair Use and the four factors described below to best determine whether to upload content that contains copyrighted material without permission. Having an understanding of the four factors that determine Fair Use can help you make a risk determination on your use.

How is Fair Use Determined? What are the four factors?

Unfortunately, the only way to get a definitive answer on whether a particular use is Fair Use is to have it resolved in federal court. Judges use the following four factors to resolve Fair Use disputes. These factors are guidelines; courts evaluate each dispute on a case by case basis. A judge has a great deal of freedom when making a Fair Use determination, therefore resolutions in any particular situation is difficult to predict. The four factors judges consider are:

  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market

What do the four Fair Use factors mean?

1. The purpose and character of the use:

At issue is whether the material has been used to help create something new or merely copied verbatim into another work. When taking portions of copyrighted work, you should consider the following questions:

The purpose and character of the use

  • Has the material you have taken from the original work been transformed by adding new expression or meaning?
  • Was value added to the original by creating new information, aesthetics, understandings or insights?

For example, in parody the parodist transforms the original work by ridiculing it.

Parody, criticism, news reporting, scholarship, commentary, research and education are areas that may qualify as transformative uses and have traditionally been recognized as Fair Use.

This factor also considers whether your use is “commercial” or “noncommercial.” Content that makes money or promotes a product, service or brand is harder to justify as Fair Use. Personal or educational uses are more likely to be considered Fair Use.

2. The Nature of the copyrighted work

When you are disseminating factual information or information which benefits the public, you have more flexibility to copy from factual works (e.g. biographies, scientific data) than fictional works that are highly creative (e.g. song, novel, play, TV show).

You will have a stronger argument for a  Fair Use determination to be made if you copy material from a published work than an unpublished work. The reasoning being that for unpublished works an author has the right to control the first public appearance of his or her work.

3. The amount and substantiality of the portion taken

How much of the copyrighted material are you using? Is the material you are using the “heart” of the original work. The less copyrighted material you take, the more likely a Fair Use determination can be made. Using a large amount of copyrighted material weights against Fair Use.

4. The effect of the use upon the potential market

Does your use deprive the copyright owner of income or undermine a new or potential market for the copyrighted work?

Depriving a copyright holder of income will likely result in a lawsuit. This is true even if you are not directly competing with the original work.

What if i give credit to the original artists?

It’s a great idea to provide a credit to the original artist, however crediting doesn’t impact the Fair Use determination.

Does Fair Use apply to the background music in my podcast?

This would not be considered Fair Use. Megaphone discourages using music in your podcast, without obtaining the necessary rights from the copyright holder.

Violent Content

How does Megaphone handle violent content?

The guidelines say:

No podcasts promoting violence, self-harm or cruelty towards animals.

This means that Megaphone has the right to remove content that:

  • Verbally describes or contain imagery on the show page of brutality, people being murdered, tortured; physically or sexually abused
  • Verbally describes or depicts self-mutilation on show pages or art
  • Verbally describes animals being tortured or killed
  • Depict shocking, disgusting, or gruesome images on the show pages

Terrorist Content

Terrorist Organizations are prohibited from using Megaphone for any purpose, including recruitment. Megaphone prohibits content related to terrorism, such as content that incites violence, celebrates terrorist attacks or promotes terrorist acts.

Real Depictions of Graphic or Violent Content

Podcasts are wonderful outlets for journalists and reporters to share what is going on in the world. Megaphone understands that there may be content that discusses difficult and disturbing subject matter in a respectful and critical way. Podcasts reporting on historical or current  events, or that are documentary in nature may contain graphic content. Journalism and/or documentary podcasts have more flexibility to depict violence and the effects of violence. It’s important to think about the context in which you are presenting content that is graphic in nature. If your podcast is particularly graphic in nature, it’s important that you provide context within the podcast, episode description or show page to help listeners and Megaphone understand the content.

Reporting Abuse and Guidelines

Copyright Infringement

If a Megaphone user is using your copyrighted work without your permission, you will need to file a DMCA takedown notice. Learn more about Copyright and Fair Use.

Report a Podcast

Did you find a podcast that violates the Megaphone Community Guidelines? Please let us know by emailing: contact@megaphone.fm.

Report Abuse and Violations

Anti bullying and harassment

If you think the member's behavior has crossed the line from criticism to harassment, you can also report the member to our attention by emailing: contact@megaphone.fm.

Privacy of others / Impersonation

If you believe a Megaphone user is violating your right to privacy, please file a Privacy Complaint by emailing: contact@panoply.fm. Please visit our Privacy Policy to learn more.

Spam

Please report any spam podcasts, comments or messages you come across by emailing contact@megaphone.fm.

Violence

If you believe a Panoply user is promoting violent activity or depicting real-life violence, self-harm, extreme gore, or cruelty toward animals on their podcast, please let us know by emailing contact@megaphone.fm.

Sexually explicit material

If you believe a Panoply user has posted sexually explicit content or pornography, please file a Sexually Explicity Language Complaint by emailing contact@megaphone.fm.