Rules For The Revolution: The Podcast

I’m back with a few new episodes! Click on this link to listen to Episode 21 or subscribe and listen through iTunes.

SHOW NOTES
Host: Colette Vogele
Guest: Jeffrey Hermes

Jeffrey Hermes’ practice ranges from advising media and corporate clients on content liability issues, to rapid-response intervention in high-profile litigation on behalf of various publishing and media clients, to complex corporate and intellectual property litigation. He has extensive experience in representing print, broadcast and Internet media clients in First Amendment and access-related matters in state and federal court, including successfully unsealing impounded government records, representing reporters being pressured to disclose their confidential sources and defending against defamation suits. Mr. Hermes has argued successfully before the trial court, Appeals Court and Supreme Judicial Court of the Commonwealth of Massachusetts. He has also written and spoken frequently on the subject of podcasting publication and the law.

Topic: Ambush Journalism. In this episode, I interview Jeffrey Hermes, a partner with Brown Rudnick, to discuss questions about “ambush journalism” and issues that video bloggers and new media producers should consider when going for that hard to get interview. Jeffrey defines ambush journalism, addresses questions of ethics, and offers many helpful guidelines for new media producers.

Links for this Episode

Media Law Resource Center

Society of Professional Journalists (ethics code)

New York Times (on ethics)

The Poynter Institute (page specific to ethics)

US Dept of State Handbook of Independent Journalism

Center for Citizen Media

The Reporters Committee For Freedom of the Press

As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting. We are in the process of updating the guide and hope to publish version 2.0 by this summer.

Credits: Josh Pike, Audio editor. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us. Special thanks to Paul Figgiani for bridging and recording the interview in this episode.

Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com.>

Licensing:

The original content of this podcast is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

Hi everyone - thanks for your comments recently. I wanted to let you know that I’ve got two episodes in production that will be released very soon. I’ve more or less given up having a “regular schedule” but will produce new episodes as we identify good issues and find the right guests to discuss them.

So, the next episode we will be releasing will be (#21) on Ambush Journalism and after that we have a copyright-related episode (#22) on the TEACH Act. Please stay tuned and thanks as always for listening and for your continued comments and feedback.

Welcome to Rules for the Revolution. Click on this link to listen to Episode 020 or subscribe and listen through iTunes.

SHOW NOTES
Host: Colette Vogele
Guest: Alex Curtis, Director of Policy and New Media at Public Knowledge

Alex is Public Knowledge’s Director of Policy and New Media. Before his position with PK, Alex developed an interest in public policy early in college. He interned for United States Senate Senator Mike DeWine — making DeWine the second U.S. Senator on the Internet by one day. He was asked to return in subsequent years and in addition to creating websites for both Senator DeWine and Senator George V. Voinovich, he also worked on legislative issues. While in law school, Alex clerked for the Antitrust Subcommittee of the Senate Judiciary Committee, working on issues such as Broadband, Digital Online Music, and Open Access. Alex graduated from Wake Forest University in 1998 with a Bachelor of Science in Business Administration. He later earned his Juris Doctorate in 2001 from the University of Akron School of Law, where he focused on intellectual property.

Topic: In this extended episode, Colette discusses the issue of “network neutrality” with Alex Curtis, of Public Knowledge, a Washington-based advocacy group. We address many issues of the net neutrality debate, including the meaning and importance of network neutrality, how it is both a consumer and a business issue, the history of telephone and cable regulations that helps explain why we’re in this situation today, principles that underscore the goals of network neutrality, the positions of advocates on the other side of the debate, and steps you can take to voice your opinions.

Links for this Episode

Profesor Tim Wu’s FAQ on network neutrality (a very complete FAQ with whitepapers to help people dig into the issue)

Public Knowledge’s Net Neutrality Policy Blog

SaveTheInternet.com (where a lot of the activism takes place) (also note how broad the support is for the SaveTheInternet effort)

Hands Off the Internet (providing resources and information from those on the other side of the debate (this site is organized and run by the telcos and cable cos)

YouTube videos (The video made by Alex has a great explanation of the potential problems if net neutrality is not enforced)

This Spartan Life’s take (particularly timely with the recent release of Halo3)

Ask A Ninja on Network Neutrality

SSRN Papers from Economics of Networks (this links to a list of abstracts from the Social Science Research Network’s “Economics of Networks” subject list, which is edited by Nicholas Economides, Exec. Dir. of the Networks, Electronic Commerce, and Telecommunications Institute & Professor of Economics, New York University - Stern School of Business.

As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting in the U.S. For Canadian listeners, please check out the Canadian Podcasting Legal Guide.

New!! Purchase your copy of the Business Podcasting Book, just released through the Podcast Academy book series and Focal Press.

Credits: Josh Pike, Producer. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com.

Licensing:

The original content of this podcast is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

I’m at at Podcast Academy #6 today where I gave a new presentation on podcasting, new media and the law. My slides are available on flickr and a .ppt version is available for download here. The presentation is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License.

The program was packed with information, starting off with Greg Cangiolosi who discussed corporate podcasting case studies. Dan Klass spoke on decisions to downloads. Craig Syverson, the gruntmedia guru (and also co-host of my favorite Valley business podcast, venturecast), did his magic with lessons in video production. Tim Street (of French Maid TV fame) kept us awake after lunch with lots of videos… bottom line: spectacle, story, and 2+ emotions. After that, it was Hayden Black teaching about getting from the web to the TV, Paul Colligan on reaching the largest possible audience, and Chris Brogan (who we’ve annointed the “community development whiz kid”) on building digital relationships. Whew.

Welcome to Rules for the Revolution. Click on this link to listen to Episode 019 or subscribe and listen through iTunes. (Please note: the iTunes subscription is being updated. I’ll strike this note once it’s working again. Thanks for your patience!)

SHOW NOTES

Host: Colette Vogele
Guest: Jerome Guerard, Vice President, National Entertainment Insurance at Charles River Brokerage.

Topics: Risk management and insurance for new media production and distribution can be tricky. Learn about the types of risks that insurance can protect you from, whether you need insurance if you’re a hobbyist or a media professional, key terminology in entertainment insurance contracts that you should look for, tips on working with your insurance broker, what a “producer’s package” means and should include, differences between “general” liability and “media” liability, how to read an insurance policy properly (that is, back to front), and even how to negotiate insurance terms that you would like changed.

Links for this Episode

Production Insurance - Are You Covered?

Studio Monthly (industry organization)

legal scenario case studies (5-page pdf)

You can contact Jerome Guerard directly at jeromeg [at] crinsurance [dot] biz if you have other questions about insurance.

And, a really big thank you to Paul Figgiani for recording the audio for the phone interview in this episode.

Upcoming events:
Podcast Academy #6 in Ontario, CA. - Sept. 27.
Podcast & New Media Expo in Ontario, CA - Sept 28-30.

As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting in the U.S. For Canadian listeners, please check out the Canadian Podcasting Legal Guide.

New!! Purchase your copy of the Business Podcasting Book, just released through the Podcast Academy book series and Focal Press.

Credits: Josh Pike, Producer. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com.

Licensing:

The original content of this podcast is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

Hi everyone. We’re having some “technical difficulties” with our iTunes feed. I’m not really sure I fully understand the problem at this point, but for some reason serving the podcast (as we always have) from our .mac account is no longer working with iTunes. We’re going to move all the episodes to Libsyn today (something I have been meaning to do for months anyway), and hopefully this will fix the iTunes problem. The feed (through feedburner) should, however, be exactly the same (which begs the question: will the move really fix the problem?).

I’ve received comments and a few emails from listeners alerting me of the problem with iTunes and I just wanted to say that I *really* appreciate the heads up from you all. Thanks for your patience while we sort it out!

I will be posting the mp3 for episode 019 regarding insurance today here on the R4R blog. I originally wanted to hold off posting until we got the iTunes fix done, but have changed my mind. No sense to keep waiting! The next post will be the Episode 019 post.

Over at my Stanford blog, I’ve written up a quick post about the upcoming Podcast & New Media Expo. If you’re a Rules for the Revolution listener, it would be a treat to meet up with you at the expo. Please come find me or connect by email before hand. On Friday, Sept. 28, you can find me at the following specific events:

7:30 AM (!) - I’ll be at the ADM initial in-person open meeting. Please come to learn about this new organization, and get involved.

11:45 to 12:45 - Music Licensing for Podcasts and New Media - A Crash Course. My co-panelists will be Kevin Arnold of IODA and Jonathan Kehl. Tim Bratton will be moderating.

1:00 to 2:00 - Digital Guru Bookstore on the Expo Floor for the signing the newly-published Business Podcasting Book from the Podcast Adacemy.

3:15 to 4:15 - Understanding Your Content Liability Risks in New Media: What Video and Audio Creators Need To Know Now. Jeff Henniger and Jeffrey Hermes will also be panelizing, and it will be moderated by the ever thoughtful and on topic Denise Howell. Come prepared with your questions!

Whew.

If you’ve never come to the Expo before, this is really a unique chance to meet your fellow podcasters in person. You will also get a ton of information and tips from some true experts and pioneers in the field. There’s nothing quite like it!

I’m psyched to share with you all that a new podcasting resource is now available for corporate and business podcasters.

From the creators of the Podcasting Academy™, comes “The Business Podcasting Book: Launching, Marketing, and Measuring Your Podcast”. Greg Cangialosi worked extremely hard to draft this comprehensive book, and Ryan Irelan, Tim Bourquin and I contributed chapters on areas of our expertise (my contribution being a chapter on the legal questions of on-line media publishing). Michael Goeghegan edited the 400-page book, which is published by Focal Press. Greg has written a great summary here.

If you wonder how the legal chapter in this book differs from what’s already available in the Podcasting Legal Guide, I have a few thoughts on that. First, I’ve updated some of the information provided in the PLG in light of recent events. I’ve also included some basics around licensing your podcast (key terms that are relevant to content licensing), gone into deeper detail about music licensing (created a matrix that shows what rights need to be licensed under which circumstances), and added a new section discussing section 230 of the Communications Decency Act and defamation issues. I’ve also added general information about creating terms of service for your podcasting website, pointed to some important information about privacy laws, website policies, and DMCA policies. I felt these issues were the most important additional issues for new business podcasters to consider as they develop their podcasting ventures.

The project was great to work on and Greg did a fantastic job of keeping things on track. I’m truly grateful for the opportunity to work with such an accomplished team of people.

Now… before I forget: You can order the book on Amazon, or come by and meet us at our book signing on September 28 at the Podcast and New Media Expo. We’ll be signing books from 1-2 pm at the Digital Guru Bookstore in the Expo center.

Over the past few years, Public Knowledge holds an awards ceremony to celebrate leaders in three overlapping arenas: intellectual property, internet protocol, and information policy.  It’s aptly called the IP3 Award. I learned more about it recently from Alex Curtis (see our forthcoming episode on Net Neutrality), and wanted to let you know to get your nominees in very soon! The close date is on September 15. You can learn more about the award, including past winners over at Public Knowledge’s website.