Legal Issues Podcasting In Biz Kathy Gill 6 May 2008.

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Presentation transcript:

Legal Issues Podcasting In Biz Kathy Gill 6 May 2008

Issues Definitions Clearing rights Protecting your podcasts –CreativeCommons Media law (avoid getting sued)

Definitions Copyright law protects “creative and expressive works” –Automatic (do not have to file, register) –Scope: –Does not extend to ideas or facts

Rights On Creation Who owns? Biz or employee? –On company time, the company –Contract - specify

Clearing Rights Avoid this issue: use podsafe music! –Magnatune.com, IODAlliance.com Get permission (release!) to record/edit/use a Skype call or an interview Fair Use: commentary, criticism, news, education (limited)

How Long Does It Last? A Long Time –Prior to 1923, public domain (probably) –After 1978, the life of the author + 70 years OR work-for-hire, 95 years from publication or 125 years from creation –Between 1923 and 1978 … talk to a lawyer!

Controversy Constitution: –Copyright purpose is to “promote the progress of science and the useful arts” … and the duration for exclusivity is to be “limited”

Music: The Steps Must get clearance for both the written lyrics/musical composition AND the performance How much can you use without getting permission? –No clear answer

Protecting Your Rights CreativeCommons.org licensing –Traditional (all rights reserved) –Non-Traditional (share, mix, non-commercial) Create a page on your blog that details how you agree to have your material used Put a CC “bug” on your blog navigation panel

Types AttributionNon-Commercial No Derivative Works Share Alike

Applicable Media Law Defamation –Defamation is state-law based Section 230 of the Communications Decency Act –You’re not liable for comments on your blog

Privacy You should set up a privacy policy (in English, not legalese) if you collect personal information

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