Rules For The Revolution: The Podcast

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

Archive for June, 2007

Podcasting Legal Guide for Canada!!

Creative Commons of Canada announced today that it has published a Canadian version (.pdf) of our Podcasting Legal Guide. This is great! I’m going to start reading it tonight!

One reason why we published the U.S. version of the Guide with the flexible CC-NC-SA license was with the hopes that attorneys in other jurisdictions would translate and adapt it for jurisdictions outside of the U.S.

Also, as the CC Canada press release explains, the authors did nearly a complete re-write of the guide because copyright, trademark and publicity rights receive different treatment in Canada. One example, is that Canada has many collecting societies that need to be understood if licensing music from Canadian artists (see page 15). This adapted guide for Canada also includes a “copyright matrix” (page 16) and a “rights clearance flow chart” (page 19), both of which will help explain the various rights and who get’s paid for what in the world of music licensing. Moreover, it looks like authors Kathleen Simmons and Andy Kaplan-Myrth have a sense of humor. They have sub-titled their guide, “Northern Rules for the Revolution”. Do we have any attorneys in Mexico, Central or South America who will volunteer to write “Southern Rules for the Revolution” next??

My sincere congratulations go out to Kathleen Simmons, Andy Kaplan-Myrth, the the faculty of the Law & Technology group at the University of Ottawa for bringing the podcasting community this great new resource.


Episode 015: Right of Publicity, Privacy (Part I)

Welcome to Rules for the Revolution. Click on this link to listen to Episode 015 or subscribe and listen through iTunes


Host: Colette Vogele

Guest: Gregory Alan Rutchik, Esq.
Gregory Rutchik, the founder of the arts and technology law group, specializes in infringement litigation. You can find Gregory in San Francisco and Santa Monica, California, and on the internet at Gregory is perfect for today’s topic because he’s currently writing a book which will be available at the end of this summer on the topic of publicity and privacy rights.

Links for this Episode

  • Internet Law Treatise (from EFF) on Right of Publicity
  • Section 3344 and 3344.1 of California Civil Code
  • Practitioner’s Guide to Right of Publicity
  • ALI Restatement (Third) of Unfair Competition
  • Paris Hilton/moving storage case summary from the law firm Latham & Watkins
  • Discussion of Paris Hilton case on Patry Copyright Blog
  • 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.


    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.

    Comments are off for this post Tech Talk

    The New York Times Tech Talk podcast has a segment in today’s episode featuring a listener question about music licensing on the web. I was interviewed by Tom Holcolmb to answer these questions. My segment starts at 11:50 min, but give the whole episode a listen. This concise series cuts to the chase on a number of cutting-edge technology issues. Check it out here, or subscribe here.

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    TWiL #7 & Upcoming Episodes

    Denise Howell recently invited me to join the panel on This Week In Law for an episode about Digg, Google, and deep linking. It was a delight to join Kurt Opsahl of EFF, Marty Schwimmer and Denise for the lively discussion. As one commenter has put it, TWiL is “the listening equivalent of required reading” for anyone who cares about the intersection of the law and technology. Great work Denise!

    On the R4R front, I have a couple episodes scheduled for release and two interviews in the works. Next week, we’ll be posting part one of my interview about the right of publicity with Gregory Rutchik of the Arts and Technology Law Group. (We’ll post part two on June 26. I’m really trying to keep to a every-2-weeks schedule…)

    I have a couple fun interviews in the works too. First up, Jack Lerner (a Fellow at the Samuelson Law, Technology & Public Policy Clinic) and I are going to sit down and talk about some recent court cases involving Google and how those cases impact internet users and especially new media users and producers. Then, at the end of this month, I have an interview scheduled with John Buckman, founder of Magnatune, where I hope to learn more about Magnatune’s approach to music licensing, and John’s views on how the music industry is changing in light of consumer demands, artists’ abilities to self-publish, and the (”evil”) approaches taken by the entrenched players in the record industry.

    {Update: I just confirmed that Tony Berman (see episodes 6 & 7) will be back for an interview to discuss strategies around distributing music through record deals, on-line tools, self-publishing, and (of course) as podcasts.}

    Please stay tuned for all these upcoming programs, and let us know if you’ve got ideas, comments, or suggestions for us. We love hearing from you.

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