Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

Archive for January, 2007

Episode 002: Warranty Disclaimers & CC licenses

Welcome to Rules for the Revolution. Click on this link to listen to Episode 002 or subscribe and listen through iTunes. {Note: we’re having trouble with the .mp3 file link, but we’re working on fixing it! The iTunes version should be working fine, however. Thanks for your patience.}

SHOW NOTES

Host: Colette Vogele

Guest: Mia Garlick

Topics and Questions for Episode 002: In this episode, Colette sits down with Mia Garlick, General Counsel for Creative Commons (CC), to discuss the question of warranties in copyright licenses, and how and why warranties are disclaimed in CC licenses.

Warranty language discussed in this eposide
Example of typical warranty representations made in a copyright license might look like this:

“Licensor represents and warrants that, as of the Effective Date and continuing throughout the Term of this Agreement, the Work does not and will not, infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Agreement, or result in any tort to any third party.

Licensor will be solely responsible for the acquisition of any and all third party clearances, permissions and licenses which are necessary in connection with the exercise of any license granted this Agreement, including, without limitation, with respect to the use of any copyrighted or trademarked materials and the use of any names, likenesses or biographical materials, and for the payment of any and all applicable guild fees and for any and all residuals, payments, fees or royalties, if any, payable under any collective bargaining agreement or otherwise.”

Another example (not read but mentioned in the episode), may look like this:

“LICENSOR represents and warrants that: (i) it has the full power and authority to enter into this Agreement and to grant the rights granted herein, and (ii) the WORK does not contain material that (a) is false or misleading; (b) is defamatory; (c) invades another’s privacy; (d) is obscene, pornographic, or offensive; (e) promotes bigotry, racism, hatred or harm against any individual or group; (f) infringes another’s rights, including any Intellectual Property Rights; or (g) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.”

The warranty disclaimer found in each of the CC licenses reads:

“UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.”

Links for this Episode

  • CC Mixter
  • Apache 2.0 open source license
  • GPL open source license
  • Academic Free License 3.0
  • BSD license template
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. 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 our word press site design.

    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 or by calling our listener comment line at 206-350-5738.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    Comments are off for this post

    Episode 001: CC Licensing Basics

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 001 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Mia Garlick

    Topics and Questions for Episode 001: In this episode, Colette sits down with Mia Garlick, General Counsel for Creative Commons (CC), to discuss questions about licensing for podcasts.

  • What are the different types of Creative Commons licenses, and what problems are they trying to solve?
  • What is the Founder’s Copyright?
  • What is the difference between trademark and copyright, and how is that difference relevant to your website, blog, and podcast?
  • What are the issues you need to think about before applying a CC license to your works?
  • How does membership in a collecting society (like ASCAP or BMI) effect your ability to license your own creative works?
  • What are you licensing, and how specific do you need to be about it?
  • How is the Creative Commons license expressed, and what tools are available from CC to help podcasters?
  • Background: To get more background information on these and other topics, check the following links:

  • To get general information on the legal concepts discussed in this episode: http://creativecommons.org/about/legal
  • To search for CC-licensed work to use in your own podcast: http://search.creativecommons.org
  • To learn how you can support the work being done by the Creative Commons, visit their web site: http://creativecommons.org/support/
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on these and other topics.

    Credits: Benjamin A. Costa, Legal and Production Intern. 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, to Outhink for use of their studio, and to Bill Streeter for getting this site designed and rolling for us.

    Licensing:
    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    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 or by calling our listener comment line at 206-350-5738.

    [auido:r4r_001_070123.mp3]

    3 comments

    Here it is…

    Well almost… The podcast I’ve been developing is finally coming… Very very soon! I’m excited to launch and we (my awesome intern Ben Costa & I) are just putting the final touches on Episode 001. I’ve been getting some helpful feedback from friends and colleagues who have given it an initial review. I have to admit that putting something like this “out there” has been a much bigger undertaking that I initially expected. So please stay tuned. And Evan & Dean, thanks for your pre-comments. I’m flattered you’ve commented even before I’ve posted anything meaningful! And because Dean has teased about it, I think I’ll leave that generic comment from Mr. Wordpress in the mix.

    3 comments