Rules for the Revolution

Guest: Alex Curtis of Public Knowledge In this episode, Colette interviews Alex Curtis, of Public Knowledge, a Washington-based advocacy group, about Orphan Works. Orphan Works is a problem in copyright law that Congress is trying to solve through newly proposed legislation. Alex provides us with some background on the problem, an overview of the different sides to the issue, and Public Knowledge's position on the pending legislation. The discussion covers views that are critical and in favor of the new legislation.

Guest: Jeffrey Hermes practice ranges from advising media and corporate clients on content liability issues, to rapid-response intervention in high-profile litigation on behalf of various publishing and media clients, to complex corporate and intellectual property litigation. He has extensive experience in representing print, broadcast and Internet media clients in First Amendment and access-related matters in state and federal court, including successfully unsealing impounded government records, representing reporters being pressured to disclose their confidential sources and defending against defamation suits. Mr. Hermes has argued successfully before the trial court, Appeals Court and Supreme Judicial Court of the Commonwealth of Massachusetts. He has also written and spoken frequently on the subject of podcasting publication and the law. Topic: Ambush Journalism. In this episode, I interview Jeffrey Hermes, a partner with Brown Rudnick, to discuss questions about “ambush journalism? and issues that video bloggers and new media producers should consider when going for that hard to get interview. Jeffrey defines ambush journalism, addresses questions of ethics, and offers many helpful guidelines for new media producers. Links for this Episode Society of Professional Journalists (ethics code) New York Times US Dept of State Handbook of Independent Journalism Center for Citizen Media The Reporters Committee For Freedom of the Press DESCRIBE As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting. We are in the process of updating the guide and hope to publish version 2.0 by this summer. Credits: Josh Pike, Audio editor. 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. Special thanks to Paul Figgiani for bridging and recording the interview in this episode. 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.> 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.

Guest: Alex Curtis, Director of Policy and New Media at Public Knowledge. Topic: Network Neutrality. Answers to your questions about podcasting, new media and the law. Credits: Joshua D. Pike, Producer. Music for this episode is licensed from Magnatune.com. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special

Host: Colette Vogele Guest: Jerome Guerard, Vice President, National Entertainment Insurance at Charles River Brokerage. Topics: Risk management and insurance for new media production and distribution can be a tricky. Learn about the types of risks that insurance can protect you from, whether you need insurance if you’re a hobbyist or a media professional, key terminology in entertainment insurance contracts that you should look for, tips to working with your insurance broker, what a “producer’s package? means and should include, differences between “general? liability and “media? liability, how to read an insurance policy properly (that is, back to front), and even how to negotiate insurance terms that you would like changed.

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.

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.

Host: Colette Vogele 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.

Host: Colette Vogele 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.

Host: Colette Vogele 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?

Host: Colette Vogele 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 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.

Host: Colette Vogele Guest: Corey Denis, Digital Marketing Manager for IODA 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.

Host: Colette Vogele Guest: Tony Falzone, Executive Director, Stanford Fair Use Project 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.

Host: Colette Vogele Guest: Kurt Opsahl, Staff Attorney, Electronic Frontier Foundation Kurt’s work at the EFF focuses on civil liberties, free speech and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Kurt also has past affiliations as research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Kurt also co-authored the Electronic Media and Privacy Law Handbook. Topics for Episode 010: In today’s episode, we continue our interivew with Kurt Opsahl Section 230 of the Communications Decency Act. The CDA protects intermediaries of contenton the internet from claims that should be directed at the users rather than the intermediaries. Our discussion goes through examples of what sorts of conduct will bring an intermediary within the scope of the protection, and what sorts of activity will put the intermediary at risk.

Host: Colette Vogele Guest: Kurt Opsahl, Staff Attorney, Electronic Frontier Foundation Kurt’s work at the EFF focuses on civil liberties, free speech and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Kurt also has past affiliations as research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Kurt also co-authored the Electronic Media and Privacy Law Handbook. Topics for Episode 009: In today’s episode, we discuss with Kurt Opsahl the background of Section 230 of the Communications Decency Act. Kurt describes the congressional goals of the the CDA, a piece of the lengthly telecom legislation passed in 1996. Since its passage, other sections of the CDA have been struck down under constitutional challenges. Section 230, however, thrives today by providing fairly broad protection for intermediaries of content on the internet, which often includes podcasters (as well as eBay, Google, Yahoo!, and many more…).

Host: Colette Vogele Guest: Tony Falzone, Executive Director, Stanford Fair Use Project 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 008: In this episode, Tony Falzone, Executive Director for Fair Use Project at Stanford’s Center for Internet and Society discusses the newly-announced Documentary Film Program, which provides a resource for documentary film makers who need to find errors and ommissions (E&O) insurance but run into problems because much of the content in their films is without permission, but used under the fair use doctrine. (Photo from interview!)

Host: Colette Vogele Guest: Tony Berman, Berman Entertainment and Technology Law 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, we continue the conversation with Tony Berman, founder of Berman Entertainment and Technology Law. Tony addresses specific issues to consider with respect to including music in your video blog or video podcast.

Host: Colette Vogele Guest: Tony Berman, Berman Entertainment and Technology Law 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.

Host: Colette Vogele Guest: Jason Schultz, Electronic Frontier Foundation 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.

Host: Colette Vogele Guest: Jason Schultz, Electronic Frontier Foundation 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.

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.

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.?

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?