Is commercial music legal for use as a theme song?

“Can I use commercial music, like one minute of the instrumental remix of a Jay Z track, as the theme song for my podcast?”

In this case it is very likely that you will need permission for this. Unless you’re using the track for educational, research, parody, criticism, or other fair dealing uses then you need the permission of the copyright owner. You will need a synchronization and master license in to exploit any recorded track. 1 minute will be very hard to prove as fair dealing. This is especially true if the track is recognizable and if you’re using the track as a way of attracting listeners to your podcast.

The Queen’s Film & TV Research Group are not lawyers, and this is not legal advice! For more information on copyright law, please see the Copyright Law section of this site. Find out more about Queen’s Law on their website, and Pro Bono Queen’s at the PBSC Queen’s site.