Rules For The Revolution: The Podcast

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

Archive for the 'Fair use' 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 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
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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.

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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
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    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.

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