Rules For The Revolution: The Podcast

Over at my Stanford blog, I’ve written up a quick post about the upcoming Podcast & New Media Expo. If you’re a Rules for the Revolution listener, it would be a treat to meet up with you at the expo. Please come find me or connect by email before hand. On Friday, Sept. 28, you can find me at the following specific events:

7:30 AM (!) – I’ll be at the ADM initial in-person open meeting. Please come to learn about this new organization, and get involved.

11:45 to 12:45 – Music Licensing for Podcasts and New Media – A Crash Course. My co-panelists will be Kevin Arnold of IODA and Jonathan Kehl. Tim Bratton will be moderating.

1:00 to 2:00 – Digital Guru Bookstore on the Expo Floor for the signing the newly-published Business Podcasting Book from the Podcast Adacemy.

3:15 to 4:15 – Understanding Your Content Liability Risks in New Media: What Video and Audio Creators Need To Know Now. Jeff Henniger and Jeffrey Hermes will also be panelizing, and it will be moderated by the ever thoughtful and on topic Denise Howell. Come prepared with your questions!

Whew.

If you’ve never come to the Expo before, this is really a unique chance to meet your fellow podcasters in person. You will also get a ton of information and tips from some true experts and pioneers in the field. There’s nothing quite like it!

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.

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.

Welcome to Rules for the Revolution. Click on this link to listen to Episode 016 or subscribe and listen through iTunes

SHOW NOTES

Guest: Gregory Alan Rutchik, Esq.
Gregory Rutchik, the founder of the arts and technology law group, specializes in infringement litigation. You can find Gregory in San Francisco and Santa Monica, California, and on the internet at www.rutchik.com. Gregory is currently finishing a book from the “entreporneur” series, which will be available at the end of this summer on the topic of publicity and privacy rights.

Links for this Episode

Rutchik’s blog entry about 2257 Statute

18 U.S.C. 2257 (Record Keeping Requirements for adult content)

Internet Law Treatise (from EFF) on Right of Publicity

Section 3344 and 3344.1 of California Civil Code

Wordpress plug in

Podcasting Legal Guide on Right of Publicty

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. 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 Note 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.

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.

Welcome to Rules for the Revolution. Click on this link to listen to Episode 015 or subscribe and listen through iTunes

SHOW NOTES

Guest: Gregory Alan Rutchik, Esq.
Gregory Rutchik, the founder of the arts and technology law group, specializes in infringement litigation. You can find Gregory in San Francisco and Santa Monica, California, and on the internet at www.rutchik.com. Gregory is perfect for today’s topic because he’s currently writing a book which will be available at the end of this summer on the topic of publicity and privacy rights.

Links for this Episode

Internet Law Treatise (from EFF) on Right of Publicity

Section 3344 and 3344.1 of California Civil Code

Practitioner’s Guide to Right of Publicity

ALI Restatement (Third) of Unfair Competition

Paris Hilton/moving storage case summary from the law firm Latham & Watkins

Discussion of Paris Hilton case on Patry Copyright Blog

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.

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.

Denise Howell recently invited me to join the panel on This Week In Law for an episode about Digg, Google, and deep linking. It was a delight to join Kurt Opsahl of EFF, Marty Schwimmer and Denise for the lively discussion. As one commenter has put it, TWiL is “the listening equivalent of required reading” for anyone who cares about the intersection of the law and technology. Great work Denise!

On the R4R front, I have a couple episodes scheduled for release and two interviews in the works. Next week, we’ll be posting part one of my interview about the right of publicity with Gregory Rutchik of the Arts and Technology Law Group. (We’ll post part two on June 26. I’m really trying to keep to a every-2-weeks schedule…)

I have a couple fun interviews in the works too. First up, Jack Lerner (a Fellow at the Samuelson Law, Technology & Public Policy Clinic) and I are going to sit down and talk about some recent court cases involving Google and how those cases impact internet users and especially new media users and producers. Then, at the end of this month, I have an interview scheduled with John Buckman, founder of Magnatune, where I hope to learn more about Magnatune’s approach to music licensing, and John’s views on how the music industry is changing in light of consumer demands, artists’ abilities to self-publish, and the (”evil”) approaches taken by the entrenched players in the record industry.

{Update: I just confirmed that Tony Berman (see episodes 6 & 7) will be back for an interview to discuss strategies around distributing music through record deals, on-line tools, self-publishing, and (of course) as podcasts.}

Please stay tuned for all these upcoming programs, and let us know if you’ve got ideas, comments, or suggestions for us. We love hearing from you.

We won’t be posting an episode this week, but we will be back on Tuesday, June 512, with a new episode about the Right of Pubcity. Please stay tuned!

Welcome to Rules for the Revolution. Click on this link to listen to Episode 014 or subscribe and listen through iTunes

SHOW NOTES

Guest: Martin Schwimmer

Martin Schwimmer is a principal at Schwimmer Mitchell Law and has been Of Counsel to Moses and Singer since 2007. Marty’s practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation. He represents some of America’s largest corporations regarding the special policing issues raised by use of brand names on the Internet. Managing Intellectual Property magazine identified Mr. Schwimmer as one of the best trademark lawyers in the United States. Marty also publishes The Trademark Blog, widely recognized as a leading source of trademark news and case analysis.

Topics and Questions for Episode 014: In this episode, Colette discusses with trademark and domain name expert Marty Schwimmer issues of trademark infringement like what to do if you receive a cease & desist letter? What is cybersquatting? What is counterfeiting? What is trademark dilution? What is the UDRP and ICAAN? Where can I be sued? And what is the Declaratory Judgment Act?

Links for this Episode

Lanham Trademark Act

Anti-cybersquatting act

UDRP

UDRP Opinion Guide from Harvard

ICAAN

Patent and Trademark Office Website

Declaratory Judgment Act

Amercan Blind vs. Google case

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.