1.  Copyright law is relevant to podcasts because it applies to creative and expressive works and includes  performances, scripts, interviews, musical works and sound recordings  Under current US copyright law, copyright attaches automatically to creative, expressive works once they have been “fixed,” i.e. written down or recorded

2.  Interviews  Make sure the interviewee agrees to the interview, your adaptation of their responses (assuming you intend to adapt them), to the inclusion of their responses in your podcast, and the circulation of your podcast on the terms you choose.  Make sure all necessary rights and permissions are secured for the material included in your podcasts

3.  A “fair use” is copying any protected material (texts, sounds, images, etc.) for a limited and “transformative” purpose, like criticizing, commenting, parodying, news reporting, teaching the copyrighted work.  4 factors considered in fair use cases: 1. purpose and character of your use; 2. nature of the copyrighted work; 3. amount and substantiality of the portion taken; and 4. effect of the use upon the potential market.

4. More on Fair Use  Fair use overview:  http://fairuse.stanford.edu/Copyright_and_Fair _Use_Overview/chapter9/9-b.html http://fairuse.stanford.edu/Copyright_and_Fair _Use_Overview/chapter9/9-b.html  Examples Of Fair Use That May Apply In Podcasting:  http://wiki.creativecommons.org/Podcasting_L egal_Guide#Fair_Use_Under_Copyright_Law_ And_Its_Application_To_Podcasts http://wiki.creativecommons.org/Podcasting_L egal_Guide#Fair_Use_Under_Copyright_Law_ And_Its_Application_To_Podcasts

5.  Must be the creator of all of the materials included in your podcast or  Must have the express permission of the creator or copyright owner of materials included in your podcast to license their materials under a Creative Commons license.  One method of marking your podcast before distribution is to use the “All Rights Reserved” model.  Under this model, you would “reserve” all your copyright-related rights in your podcast by marking: © [owner] [year]  Creative Commons License Options: http://creativecommons.org/about/licenses/meet-the- licenses http://creativecommons.org/about/licenses/meet-the- licenses

6. Finding Podsafe Content Find Creative Commons work: http://search.creativecommons.org/ http://search.creativecommons.org/ Customized Yahoo! and Google searches available in the “Advanced Search” Yahoo! : (http://search.yahoo.com/search/options) clearly illustrates how you can limit your search results to Creative Commons-licensed works.http://search.yahoo.com/search/options Google : (http://www.google.com/advanced_search) by limiting your search according to “Usage Rights”, this will restrict your searching to find CC-licensed materials only.http://www.google.com/advanced_search

7.  http://ccmixter.org/ http://ccmixter.org/  http://www.audiofeeds.org/ http://www.audiofeeds.org/  http://music.podshow.com/ (the podsafe music network) http://music.podshow.com/  http://www.podsafeaudio.com/ http://www.podsafeaudio.com/  http://www.ipodarmy.com/2005/06/how-to-find-podsafe-music/ (how-to article) http://www.ipodarmy.com/2005/06/how-to-find-podsafe-music/  http://www.magnatune.com http://www.magnatune.com  http://promonet.iodalliance.com (a service from IODA (Independent Online Distribution Alliance) that offers podcasters, and others access to thousands of pre-cleared tracks from independent record labels) http://promonet.iodalliance.com  http://www.pumpaudio.com/index.html (proper licensing of independent music for use in advertising, television, film and the web) http://www.pumpaudio.com/index.html  http://www.garageband.com/htdb/feed/partners.html (music supplier with large catalog of CC music) http://www.garageband.com/htdb/feed/partners.html  http://www.gcast.com (free and simple service that provides entire GarageBand catalog that is podcast safe ) http://www.gcast.com

8. Exceptions You DO NOT need to secure the separate permission of the provider of a work in 5 main instances: 1. When the parts you record as part of your podcast are not protected by copyright; 2. When the text was protected by copyright but is in the public domain; 3. When you are using US Government works; 4. When you are making a “fair use” of the work; 5. When you wish to make more than a “fair use” of the work and the work is under a Creative Commons license that authorizes your intended use

9. This presentation was built with resources found at  Podcasting Legal Guide Podcasting Legal Guide  PodCon PodCon  Collegiate Broadcasters Podcasting Legal Issues Collegiate Broadcasters Podcasting Legal Issues  Legal issues in podcasting the traditional classroom Legal issues in podcasting the traditional classroom

10. Recommendations  Use podsafe content whenever possible  Review the podcasting legal guide  Post your podcast behind a password-protected site  Consult an expert