Rules For The Revolution: The Podcast

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

Archive for April, 2007

Episode 012: Promonet – get music into your podcast legally

Welcome to Rules for the Revolution. Click on this link to listen to Episode 012 or subscribe and listen through iTunes

SHOW NOTES

Host: Colette Vogele

Guest: Corey Denis, Digital Marketing Manager for IODA

Corey Denis

Bio forthcoming… As Digital Marketing Manager of IODA, Corey’s responsible for Promonet, Digital Marketing, User Advocacy, and for demonstrating the increase of digital sales across the long tail as a result of digital marketing for labels and musicians around the world. Prior to joining IODA in 2005, Corey has had deep roots in independent music, working in the music industry for over 10 years, and worked for five+ years at indie labels, including W.A.R.? – What Are Records?, where she worked in tour promotion, marketing, research, A&R, production and online marketing development. Corey pioneered and nurtured W.A.R.?’s New Media Marketing department which resulted in an increase in digital sales and new online attention for W.A.R.? In addition, Corey has worked creatively with independent filmmakers, as a music supervisory consultant for indie comedies and dramas such as “Virgins” and “The Hand Job.” In 2003-04, she was also responsible for producing and directing Guerrilla Wordfare, a hip hop/ spoken word/ art festival in Boulder, CO. Her blog and music podcast are called Not Shocking. Her blog and music podcast are called Not Shocking.

Topics and Questions for Episode 012: Corey Denis, Digital Marketing Manager for the Independent Online Distribution Alliance (more commonly called IODA), gets down to brass tacks and explains Promonet, a service that allows users to place music into their audio or video podcasts (or video blogs, or internet radio program, or zine, or website, or whatever) legally. She explains the service, some of its terms of use, and some issues related to music licensing.

Links for this Episode

Promonet

  • Promonet Homepage
  • Promonet “about” page
  • Promonet TOS
  • Background info on the “public performance” question and downloads:

  • “Are songwriters double-dipping”(article by Steve Gorden about ASCAP’s suit to clarify whether downloads should be counted as a “public performance” under the Copyright Act)
  • DiMA’s Fact Sheet on music downloads
  • Podcasting Legal Guide’s section on music licensing
  • Corey’s music podcast: Not Shocking
  • THIS JUST IN – Apr. 26: The US District Court for the Southern District of New York ruled yesterday that a “download” of a file embodying a particular song is NOT a “public performance” of that song under the copyright act. This helps clear up the on-going debate (discussed in this episode) about the scope of the public performance right.

    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 through IODA’s Promonet. Download “Rock and Roll Rhythm” (mp3) from “Fancey” by Fancey. What Are Records.

      More On This Album

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

      Licensing:


      Creative Commons License

      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.

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      Episode 011: Fair Use!

      Click on this link to listen to Episode 011 or subscribe and listen through iTunes

      SHOW NOTES

      Host: Colette Vogele

      Guest: Tony Falzone, Executive Director, Stanford Fair Use Project
      418199388_9d602e4baa.jpg
      An intellectual property litigator with nearly a decade of experience, Tony has advised and defended writers, publishers, filmmakers, musicians and video game makers on copyright, trademark, rights of publicity and other intellectual property matters. Prior to his work at Stanford, he was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.

      Topics and Questions for Episode 011: Today’s episode brings back Tony Falzone, Executive Director for the Fair Use Project at Stanford’s Center for Internet and Society. Tony describes what Fair Use is under the Copyright Act, and how the law is developing in this important field that helps to balance copyright and free speech under the First Amendment.

      Links for this Episode

    • Stanford Fair Use Project
    • 17 USC ยง 107 (the Fair Use section of the Copyright Act)
    • Campbell v. Acuff-Rose Music (The Pretty Woman/2 Live Crew case)
    • Harper & Row v Nation Enters. case (re: the Gerald Ford memoir case)
    • Castle Rock v. Carol Publishing case (The Seinfeld trivia game case)
    • Bill Graham v. Dorling Kindersley (The Greatful Dead concert poster case); Cathy Kirkman’s summary.
    • Blanch v. Koons case (from Patry Copyright Blog) (see also earlier post on Patry Copyright Blog)
    • Rogers v. Koons(check out images here)
    • Schloss v. Joyce case
    • Center for Social Media’s Documentary Filmmaker’s Best Practices in Fair Use
    • Copyright Office’s fair use description
    • 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 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 or by calling our listener comment line at 206-350-5738.

      Licensing:


      Creative Commons License

      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.

      3 comments

      Episode 010: Section 230 Continued

      Click on this link to listen to Episode 010 or subscribe and listen through iTunes

      SHOW NOTES

      Host: Colette Vogele

      Guest: Kurt Opsahl, Staff Attorney, Electronic Frontier Foundation

      Opsahl interview

      Kurt’s work at the EFF focuses on civil liberties, free speech and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Kurt also has past affiliations as research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Kurt also co-authored the Electronic Media and Privacy Law Handbook.

      Topics for Episode 010: In today’s episode, we continue our interivew with Kurt Opsahl Section 230 of the Communications Decency Act. The CDA protects intermediaries of contenton the internet from claims that should be directed at the users rather than the intermediaries. Our discussion goes through examples of what sorts of conduct will bring an intermediary within the scope of the protection, and what sorts of activity will put the intermediary at risk.

      Links for this Episode

    • This Week In Media (check out episode 45!)
    • CDA sectin 230
    • Zeran v. AOL case
    • Wikipedia on Zeran case
    • EFF’s blogger’s FAQ on section 230
    • EFF’s FAQ on on-line defamation
    • EFF’s case archive re: section 230 casees
    • 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 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 or by calling our listener comment line at 206-350-5738.

      Licensing:


      Creative Commons License

      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.

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      I’ve fallen behind!

      Hi listeners. This is just a note to let you all know that I’ve (obviously) fallen behind on posting show notes for the past few episodes. Am working to catch up over this coming weekend. Also, this week’s show — an interview with IODA’s Digital Marketing Manager, Corey Denis, about the Promonet — will be posting soon. Please stay tuned, and thanks for your comments and feedback.

      2 comments