Archive for the 'Copyright' Category
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.
1 commentEpisode 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.
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:
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.
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
(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:
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.
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.
5 commentsNYT.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.
No commentsEpisode 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
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:
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.
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
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:
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.
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
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”.
Episode 006: Music Licensing
Click on this link to listen to Episode 006 or subscribe and listen through iTunes
SHOW NOTES
Host: Colette Vogele
Guest: Tony Berman, Berman Entertainment and Technology Law
Tony’s practice involves negotiation of entertainment and technology contracts and advising clients on legal issues involved in the formation of media-related organizations and protection of copyrights and trademarks. He is also an adjunct professor at Golden Gate University School of Law where he teaches Negotiating and Drafting Contracts in the Entertainment Business.
Topic: In this episode, Tony Berman, founder of Berman Entertainment and Technology Law, discusses the how to clear music content for your podcast. Tony doesn’t sugar coat the situation for us. He addresses questions about what licenses you need, what parties own the rights, how to search for rights holders, and some of the tools that are available to help clear the rights you need to use music legally.
Links for this Episode
ASCAP BMI SESAC Harry Fox Agency Sound Exchange IODA and Promonet INgrooves.com AllMusic.com Copyright Act: subject matter of copyright, section 106 rights, definitions (see “sound recording”, “perform or display a work publicly”)
Background: To get more background information on these and other topics, check the Podcasting Legal Guide on licensing music.
Credits: Benjamin A. Costa, Legal and Production Intern (and official techie guru). 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”.
Episode 005: DMCA (part deux)
Click on this link to listen to Episode 005 or subscribe and listen through iTunes. (And check out my flickr photos from our interview.)
SHOW NOTES
Host: Colette Vogele
Guest: Jason Schultz, Electronic Frontier Foundation
Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.
Topic for Episode 004: In this episode, we conclude our discussion about the Digital Millenium Copyright Act (the “DMCA”). Last week’s episode dealt primarily with the background of the DMCA and the anti-circumvention laws in section 1201 of the Act. In this week’s episode we digg into the details of section 512, the “notice and takedown” process that allows copyright owners to have illegally copied works removed from websites. Jason describes the steps needed to submit a “counter-notice” if you’re site has been taken down improperly, and also steps you can take to protect your own content. We also discuss the delicate balance that we’re faced with in being both content owners who may wish to enforce copyright, and also content users who may need to defend their works from claims of infringement. Lastly, learn what Jason’s favorite podcasts are!
Links for this Episode:
EFF FAQ on IP Copyright office 1998 summary of the DMCA ChillingEffects.Org’s DMCA FAQ
Some free-speech friendly internet service providers:
Lauging Squid Speak Easy Computer Tyme (Ctyme) Hosting Blip.tv (and Mike Hudack)
(Another ISP that I’ve been referred to in the past is NearlyFreeSpeech.Net. Read their DMCA FAQ.)
Jason’s podcast recommendations:
Open Source Sex with Violet Blue Galacticast Wait Wait… Don’t Tell Me! This American Life EFF’s Line Noise
Background: To get more general background information on the DMCA follow these links:
Wikipedia entry on DMCA Jessica Litman’s Digital Copyright
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”.