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Legal Issues Podcasting In Biz Kathy Gill 6 May 2008
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Issues Definitions Clearing rights Protecting your podcasts –CreativeCommons Media law (avoid getting sued)
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Definitions Copyright law protects “creative and expressive works” –Automatic (do not have to file, register) –Scope: http://copyright.gov/http://copyright.gov/ –Does not extend to ideas or facts
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Rights On Creation Who owns? Biz or employee? –On company time, the company –Contract - specify
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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)
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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!
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Controversy Constitution: –Copyright purpose is to “promote the progress of science and the useful arts” … and the duration for exclusivity is to be “limited”
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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
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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
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Types AttributionNon-Commercial No Derivative Works Share Alike
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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
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Privacy You should set up a privacy policy (in English, not legalese) if you collect personal information
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