Rules For The Revolution: The Podcast

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

Archive for the 'Copyright' Category

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 BermanTony Berman w/ Colette Vogele
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”.
    Creative Commons License

    Comments are off for this post

    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 Schultz, EFF staff attorney
    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”.
    Creative Commons License

    2 comments

    Episode 004: The DMCA (part 1)

    Click on this link to listen to Episode 004 or subscribe and listen through iTunes.

    SHOW NOTES

    Host: Colette Vogele

    Guest: Jason Schultz, Electronic Frontier Foundation
    Jason Schultz, EFF staff attorney
    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, Jason discusses the Digital Millenium Copyright Act (the “DMCA”) and how podcasters and video bloggers are affected by this law enacted nearly 10 years ago. We start with some background on how the DMCA came about in 1998, then turn to discussing the two key provisions of the act — anti-circumvention (17 U.S.C. §1201) and notice/takedown/safe-harbor rules (17 U.S.C. §512). This episode mostly focuses on the anti-circumvention issues faced by video bloggers and podcaters, while next week’s episode will break down the notice and takedown process of section 512.

    Links for this Episode

  • EFF’s description of DMCA rulings etc.
  • Copyright Office’s Summary of the DMCA (issued Dec. 1998) (note: this is a pdf)
  • EFF FAQ on IP (scroll down to learn more about section 512)
  • Copyright Office Rulemaking on Exemptions from Prohibition on Circumvention of Tech. Measures that Control Access to Copyrighted Works
  • Brewster Kahle/Internet Archive’s ruling to allow circumvention measures
  • CIS’s victory regarding cell phone unlocking
  • Copyright Office’s Ruling on new circumvention exemptions
  • Chaimberlain v. Skylink (garage door opener case)
  • 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”.
    Creative Commons License

    1 comment

    Episode 003: Non-Commercial Use in CC Licenses

    Click on this link to listen to Episode 003 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Mia Garlick

    Topics for Episode 003: In this episode, Colette finishes her interview with Mia Garlick, General Counsel for Creative Commons (CC), and focuses on meaning of the “Non-Commercial use” restriction in CC licenses.

    Links for this Episode

  • Creative Commons
  • Picking a license at CC
  • CC Wiki re: Non Commercial Use
  • Support CC by “revverizing” your videos
  • Revver video about CC licenses:
  • Background: 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

    2 comments

    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

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