Rules For The Revolution: The Podcast

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

Archive for the 'Licensing' 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.

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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 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 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

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      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