Can I record a song playing on the radio and use it in my podcast?

In Plain English:

Generally, you can't just record a song playing on the radio and use it in your podcast without permission. This is because of copyright laws that protect the rights of the people who created the song. The Copyright Act 1968 gives copyright holders exclusive rights over their work.

Detailed Explanation:

The Copyright Act 1968 protects sound recordings. Section 109 of the Copyright Act 1968 outlines specific circumstances where broadcasting a published sound recording does not infringe copyright. However, these circumstances are limited and relate to the broadcaster (e.g., a radio station) and the agreements they have with copyright owners.

Specifically, Section 109(1) states that the copyright in a published sound recording is not infringed by the making of a broadcast if: * The maker of that broadcast has given an undertaking in writing to the person who is the owner of the copyright in that recording to pay to the owner such amounts (if any) as may be specified in, or determined in accordance with, an order of the Tribunal made under that section in respect of the broadcasting by the maker. * Where there is an order of the Tribunal in force under that section applying to the maker of that broadcast in relation to the time when that broadcast was made: * the copyright in that recording is owned by a person who is specified in the order as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided and the maker of the broadcast makes payments to the person in accordance with the order; or * the copyright in that recording is owned by a person who is not so specified in the order.

There are exceptions for private and domestic use, as outlined in section 109A of the Copyright Act 1968. However, this section does not apply if the earlier copy was made by downloading over the internet a digital recording of a radio broadcast or similar program.

Therefore, using a recording of a song from the radio in your podcast would likely infringe on the copyright of the sound recording and the musical work, unless you have obtained permission or a license from the copyright holders.