Rules For The Revolution: The Podcast

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

Archive for the 'Trademarks' 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 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
.

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.

    8 comments

    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.

    6 comments

    Episode 014: More on TMs with Marty Schwimmer (infringement, dilution, and other TM disputes)

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

    SHOW NOTES

    Host: Colette Vogele

    Guest: Martin Schwimmer

    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:


    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.

    2 comments

    Episode 013: Trademarks and Domain Names with Marty Schwimmer

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 013 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Martin Schwimmer

    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 013: In this episode, Colette puts on the hat of “new-client-seeking-trademark-and-domain-name-advice”. She interviews trademark and domain name legal expert Martin Schwimmer of Schwimmer Mitchel Law, the Trademark Blog, and Moses & Singer in New York.

    Links for this Episode

  • forming the attorney-client relationship
  • Freivogel on conflicts of interest
  • Lanham Trademark Act
  • US Trademark office search site (click on the “search” button in approx. middle of the page to get to TESS, the Trademark Electronic Search System)
  • US Trademark office on how to register
  • download is a “reproduction” not a “performance” opinion
  • Save Net Radio website
  • 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.

    3 comments