Rules For The Revolution: The Podcast

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

Archive for the 'Copyright' Category

No “fair use” for the Harry Potter Lexicon

The opinion in the Warner Brothers Entertainment & JK Rowling v. RDR Books case just came down, and it’s an interesting outcome. The court found infringement of the reproduction right, but not the derivative works right. The court also found that the Lexicon created by a fan of the Harry Potter books was not sufficiently transformative to pass muster under the 4-part fair use test. The damages award was only $6,750. (It’s unclear to me whether attorneys fees are or will be sought.) I’m still working my way through 67-page opinion. The case was being defended through the Stanford Fair Use Project, and I suspect there will be an appeal filed…

Rowling v. RDR Opinion

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Episode 22: Orphan Works

Welcome to the 4th of July episode of Rules for the Revolution! Click on this link to listen to Episode 022 or subscribe and listen through iTunes.

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

Alex CurtisAlex is Public Knowledge’s Director of Policy and New Media. Before his position with PK, he interned for 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 Senators DeWine and George 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.

Topic: In this episode, Colette interviews Alex Curtis, of Public Knowledge, a Washington-based advocacy group, about Orphan Works. Orphan Works is a problem in copyright law that Congress is trying to solve through newly proposed legislation. Alex provides us with some background on the problem, an overview of the different sides to the issue, and Public Knowledge’s position on the pending legislation. The discussion covers views that are both critical and in favor of the new legislation.

Links for this Episode

  • Public Knowledge’s Orphan Works information (includes links to legislation)
  • US Copyright Office Re: OWs (includes links to legislation)
  • EFF’s Line Noise audio interview re: Orphan Works (see also Orphan Works Update: Is the Legislation Fair to Copyright Holders? and Release the Orphan Works!)
  • Illustrator’s Partnership’s views on Orphan Works
  • Little Orphan Arworks (Lessig’s OpEd in NYT May 20, 2008) {see also Lessig on OW in Feb. 2007}
  • New Orphaned Works Legislation would limit copyright liability (Arstechnica article, Apr. 25, 2008)
  • Plagiarism Today blog on Orphan Works
  • 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.

    Credits: Ben Costa, 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:


    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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    Podcast Academy #6

    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.

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    Episode 018: Northern Rules for the Revolution

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 018 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele
    Guests: Andy Kaplan-Myrth and Kathleen Simmons, Co-Authors of The Podcasting Legal Guide for Canada, from University of Ottawa, Law and Technology Program
    .

    Podcasting Legal Guide for Canada

    Topics: Creative Commons Canada recently released The Podcasting Legal Guide for Canada: Northern Rules for the Revolution. Colette discusses the origins of the guide, the important differences it highlights from US law, jurisdiction questions, and best practices for Canadian podcasters, with the co-authors of the new Guide.

    Links for this Episode

  • PLG for Canada
  • Creative Commons Canada
  • Creative Commons
  • 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.

    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 206-948-1455. Please note our new number!!

    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.

    8 comments

    Episode 017: The record company that is not evil.

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 017 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele
    Guest: John Buckman, Founder of Magnatune

    J. Buckmanmagnatune logo
    (Photo credit: J. Buckman under a CC-BY 2.5 license)

    Topics: John Buckman of Magnatune sits down with Colette to discuss a non-evil solution to the licensing of music for on-line use. He explains why he started Magnatune in 2003, the difficulties faced by independent musicians in getting their music out there, how the record industry helped him out, why he believes in Creative Commons, and how he avoids getting “crabby” as he decides on what music to sign from the 400 submissions Magnatune receives each month.

    Links for this Episode

  • Magnatune
  • Why they are not evil
  • John’s Blog at Magnatune
  • Podcaster license information
  • Creative Commons
  • cc mixter
  • Jamendo (blog)
  • iTunes
  • ioda (see also Episode 012)
  • Podcasting Legal Guide on music
  • 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.

    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 206-948-1455. Please note our new number!!

    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.

    1 comment

    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.

    6 comments

    NYT.com 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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    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 § 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 008: The Documentary Film Program @ Stanford

      Click on this link to listen to Episode 008 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 008: In this episode, Tony Falzone, Executive Director for Fair Use Project at Stanford’s Center for Internet and Society discusses the newly-announced Documentary Film Program, which provides a resource for documentary film makers who need to find errors and ommissions (E&O) insurance but run into problems because much of the content in their films is without permission, but used under the fair use doctrine. (Photo from interview!)

      Links for this Episode

    • Documentary Film Program
    • FAQ
    • how to join the attorney network
    • Center for Social Media’s Documentary Filmmaker’s Best Practices in Fair Use
    • 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:
      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

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