In this episode, Thomas and Doug focus on the US-based music rights organizations, ASCAP, BMI, SESAC, and SoundExchange. Expected Audience: Musicians trying to monetize in the USA Audio mp3 audio | ogg audio | stream | torrent This month's drinks: Doug - Celestial Seasoning's Honey Vanilla Chamomile Thomas - Simply Enjoy Hawaiian Blend Coffee Of course, there is GEMA, SOCAN, and the very different Cultural Commons Collecting Society, in other countries. We may eventually talk about some of them in more detail, but for now we are focusing on the USA. Please let us know if you'd like us to talk about PROs and Collection Societies in other countries. We may be able to get a guest. This show series is for you! Suggestions always welcome. Thomas is a member of ASCAP, but has no other financial affiliation with them. Doug is not a member of any of the PROs. SESAC recently purchased the Harry Fox Agency. At some point, we will do a show on mechanical rights. Let us know if you want us to bump it up! Thomas recommends you download the Copyright and Music Marketplace study. Thomas also briefly mentions Christian Copyright Licensing International. Doug wonders off-air why you need a Christian PRO if your intent as a Christian musician is to spread Christianity. Why not crowd-fund for studio time and release under CC BY (attribution will make crowd-funding and touring easier)? Doug has always wondered about this for artists with a political messages as well. MMP's show titled Copyright Fight. We found the track Doug was worried he had lost. Once again we have YouTube difficulties, but it's there for you if you want to add it to a playlist. Since the show, Doug and Thomas have decided they will record Lawcast 17 on September 21 on derivative works. You have until then to get your questions in! Subscribe to the Show: via iTunes | Other via RSS

This image licensed as CC BY-SA. Click for details. Expected Audience: Musicians in a band or novice attorneys working with bands mp3 audio | ogg audio | stream | torrent  Once we finally get past the announcements and coffee talk, Thomas has four major points for musicians to make sure they get in their band agreement. We go into detail on those points. We also go over some additional minor points. We recorded this episode back in July, but just now getting it out. We are set to record our August show on Saturday, so time to get this out! We start off making an announcement about the new Music Manumit Extra, and talking very briefly about Doug's move to Cincinnati. We then spend a fair amount of time talking about cold brew coffee. Coffee roasters, get at us with sponsorship! Jump to the 11-minute mark in the edited audio if you want to skip the announcements and coffee talk. That said, if you like coffee, and you've never given cold brew coffee a shot, you should definitely listen to that bit. Thomas talks about his guitar addiction as well, so guitar makers, get at us with sponsorship too! His new guitar has an automatic tuner on it. He gives it a B+ First thing we cover: do you need a band agreement? Maybe not! Maybe you just need a song split agreement. If you're recording music with another human, you probably need some sort of agreement! The major points for band agreements: 1. Who owns the band name? For more on that See Brian Clark's article. 2. Who owns the songs (both written and recorded)? 3. Who owns the equipment (amps, etc.)? 4. Who owns the merchandise (CDs, vinyl, t-shirts, etc.)? 5. What happens at termination? How do you kick someone out/hire? For more detail, listen to the show! We mentioned in the show that our August recording would be on Collectives and Cooperatives. However, we decided to go ahead and talk about Performance Rights Organizations (PROs) in August. We may do Collectives and Cooperatives in September or we may pick another topic. Listen to the PRO-talk to find out what's in store! unedited video (which may end up going away, so grab it if you want it -- we had a bit of a technical glitch, but if you want to see Thomas' new guitar, here's the video) If you are still looking for more information, back in 2013, Doug wrote a 10-point guide on negotiating a license. While negotiating a license is a different process with different negotiators than a band agreement, many of the points are still useful (some of which were brought up in the show, but worth reiterating). As always, the Music Manumit Lawcast is not legal advice. If you need an attorney, please find one licensed in your jurisdiction. If you are in Maryland, you can get a free consultation by following instructions at www.marylandmusiclawyer.com. Subscribe to the Show: via iTunes | Other via RSS

Creative Commons Attribution Symbol As always, this show is not legal advice and does not constitute an attorney-client relationship. Audio mp3 audio | ogg audio | stream | torrent | unedited video Once again we don't have the player because we uploaded the video before realizing that mean no audio player. That will be resolved next month! Thomas and Doug go through the Creative Commons Attribution (CC BY) license line-by-line, pointing out anything they think is important. Given the length of the document, this show runs about twice as long as normal. As of the moment, most of our show notes (below the fold) are just the license text because we thought commentary interspersed with the text would be confusing. This way you can easily follow along and understand when we are reading the text and when we are commenting on it. We can always go back and add more links or commentary, so if you think that would be useful, please let us know. If you'd like us to go over ShareAlike (SA), Non-Commercial (NC), or No Derivatives (ND), please leave a comment or getting in touch via our audio feedback line, social media, or email. If you have any idea for a show, please let us know! Next month: Band Agreements. In August, we plan to discuss non-profits in music. In September, we plan to discuss collection societies. Drinks of the Month:    Thomas: Kool+Aid     Doug: The Coffee Bean & Tea Leaf from Costco. Not available online. Thomas also shares his new Shure mic…records guitar magnificently!  NOTE TO FUTURE SPONSORS: If we had actual sponsors, we'd make sure to link and to brand appropriately.  News:    Steve Albini says...copyright is dead         We have a tall task ahead of us today to try to make this relevant anyone dealing with music in any way, from musician to business person to lawyer.That said, to deeply understand all of this, you need to know something about international law, contract law, and copyright law. In the original Lawcast series we spent a lot of time looking at the localization of the licenses, which will help you gain some international perspective. We invite you to take a look at those. To the extent you want us to cover aspects of international law, contract law, and copyright law, please let us know.It’s also worth noting that even though we are looking specifically at the CC BY license, non-CC free culture licenses for music do exist. The Free Art license is probably the most-used among the alternatives, but you can find many more listed at http://freedomdefined.org/Licenses. Please note that not all CC licenses are free culture licenses.   Below is the simplest CC license (CC0 is not really a license) with an added fair dealing link. Original license viewable at http://creativecommons.org/licenses/by/4.0/legalcode Creative Commons Attribution 4.0 International Public LicenseBy exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. Section 1 – Definitions.Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Lic

This is not legal advice. Leave audio feedback at (512) 686-6329. Expected Audience: Anyone that wants to learn about the show reboot Original and License mp3 audio | ogg audio | torrent | stream | unedited video First off, things are a bit funky with all of the imported shows into the main feed (this is the first one). They all show up as "Tom Ray" as the author. Aside from the design work for the site, Mr. Ray is not involved in the Lawcast. There are now two Tom's though! Thomas Giannini is the Tom on the Lawcast! Also, there's no embedded player because I uploaded the audio as a file on the video entry. If I figure out how to get the player for audio, I'll delete these lines and put it here! Introhttp://www.musicmanumit.com/2015/03/ampslam-150329-music-manumit-podcast.htmlWe want to give enough so people don’t have to go back and listen, but we don’t want to rehash that interview.http://www.ampslam.com/http://www.marylandmusiclawyer.com ‘99 bar, but always loved musicrecord labels, venues, everything dealing with musicStudio One Nick’s focus was social justice, my focus is essentially social justice through IP, and TG’s focus is music mention of the US Copyright Office new treatise called “Copyright and the Music Marketplace  2/15” Monthly - No June date yet.June suggestion: entity formation: partnership, LLC, corporationDoug’s reasoning: primarily, people in bands need to think about how they are going to deal with money upfront in order to avoid issues down the road. Splitting it 4/4 may work in the beginning, but what happens with studio/touring musicians that are not necessarily part of “the band.” What if it starts off that everybody writes, but in the future only one or two members write, but the others record and gig. Should it still be 4/4? It’s a huge topic and we’re not going to be able to cover it in depth in our 20-minute allotment, but if it gets traction we might come back to it in the future. July: Social entrepreneurship August: In Depth Look at CC Licenses. NOTE: Even though that is the order we discussed during the show, we decided to go with CC Attribution for the June show. We just pushed the other two back. We haven't decided on a July recording date. We probably won't until I'm moved to Cincinnati. Tip: SoundExchange +  I mentioned I would find out SoundExchange's tax status. I reached out to them, but they did not respond to my inquiry. I contacted some people I thought might know, and no one did. Wikipedia says they are a trust, but there are several types of trusts.

This is not legal advice. Leave audio feedback at (512) 686-6329. Expected Audience: Those interested in financially supporting free culture and having their free culture works financially supported. mp3 audio | ogg audio | torrent (CC BY) Ever since Nick and I decided to start what would become Netizen Empowerment Federation in January 2012, I have been thinking a lot about financial sustainability. It's the main reason I decided to broaden the scope of the Lawcast. I think snowdrift.coop has a lot of promise for financial sustainability, but it isn't ready yet. I've spent some time today preparing to get people together to discuss what can be done now - or if waiting really is the best option. I decided that having a discussion where the focus was "get us from now to snowdrift.coop" did not make a lot of sense if people weren't familiar with snowdrift.coop. Snowdrift.coop has an overwhelming amount of documentation and even if it was a little less overwhelming, some people wouldn't read it. That's why I have decided to provide subscribers with the audio to this interview. Unfortunately, the audio is still a bit overwhelming at over two hours. Perhaps Aaron has the time to make it to our panel. Perhaps Aaron and I can do a shorter interview. I'll see what I can do. For now, as said by Aaron: "The show is a bit over two hours long and covers topics including: copyright, music business, economics, participatory vs performance-based music, philosophy of art, barbershop harmony, software freedom, and more. Overall, it's a good casual summary of my whole personal story of my life and career and how I came to my current understanding and feelings on these topics." Here are the links (with just a bit of commentary) from the original post. wolftune.comsnowdrift.coophttp://blog.ninapaley.com/2013/12/07/make-art-not-law-2/http://kxstudio.sourceforge.net/http://taskcoach.org/http://blog.wolftune.com/2012/08/copyingisfun1.htmlhttp://blog.wolftune.com/2012/08/copyingisfun2.htmlhttps://archive.org/details/CopyingIsNotTheftForBarbershopQuartethttps://www.eff.org/deeplinks/2014/07/inaugural-stupid-patent-monthhttp://sitasingstheblues.com/http://rynothebearded.com/2013/06/the-jazzcast-after-party/http://spencermichaud.bandcamp.com/http://www.spencermichaud.com/http://blog.ninapaley.com/2009/12/28/the-cult-of-originality/https://en.wikipedia.org/wiki/RiP!:_A_Remix_Manifestohttp://vimeo.com/8040182https://torrentfreak.com/lawrence-lessig-wins-damages-for-bogus-youtube-takedown-140228/https://www.youtube.com/watch?v=vYwOtTMUz0cAaron’s summary of the whole copyright thing, with the library emphasis (with tons of links, and updated continually since the original 2008 posting): http://blog.wolftune.com/2008/06/rational-view-of-copyright.html Get in Touch Music Manumit Last.fm groupLast.fm: DouglasAWh. Libre.fm: douglasawh. GNU Social: daw Donate Help me pay off law school debt! Buy me a book or food or use Flattr!

This is not legal advice. Leave audio feedback at (512) 686-6329. This show was edited using GNU/Linux. Expected Audience: Law Students and those interested in trademark basics Click For Image Usage Details mp3 audio | ogg audio | torrent This is a joint work by Doug and Brian. Brian is on voice. Doug edited and typed. Technically speaking, I'm still on hiatus, though I do have a back catalog of shows that need editing. I may very well get those out the door in the next few days. I'm not entirely sure what took me so long to get this out. Maybe archive.org was down when I tried to upload it back in January? Originally, this was supposed to be a series. It still might be. The other planned articles in the trademark basics series were going to be What is a Trademark?, Ownership and Use, Loss of Trademark Rights, Infringement, False Designation of Origin, Advertising, Dilution and Remedies. I was also planning to cover Tax and Trademarks/Goodwill, Trademarks and Ethnic Music, and Access to Gray Market Goods at some point. If I get donations or even requests, I may end up completing the series. Donation information is both on the right and at the bottom of this article. And for those of you that are deaf, and I know there is at least one likely to see this, in the future the series may be text. I've got to figure out financials before I think about continuing the series. However, as with everything, feedback will speed up the process! Until next time! Get in TouchMusic Manumit Last.fm group My Last.fm username: DouglasAWh. Libre.fm username: douglasawh. GNU Social: daw I'm on too many social networks to list them all! DonateFlattr Help Doug get through law school! Buy him a book or food!

This is a rerun of the Music Manumit Podcast on July 7th, 2010. This was supposed to go out before Nick and I did the interview with Pete, but it didn't. Better late than never. And just in case you're curious, I'm still technically on hiatus. Pete aka raster's logo mp3 audio | ogg audio | torrent From Music Manumit Podcast:We talk with Pete Prodoehl, who's been involved in many disciplines of the creative arts, from music to photography, as well as videography, writing, drawing, and general computer hackery. Pete has been involved in open source software, and many other open initiatives such as BarCamp, Bucketworks, Web414, and MilwaukeeDevHouse. Check out Pete's music here. And the his photography here. Pete tells us the story of how the media used one of his works, and the outcome of his pursuit to make them follow the CC license.

This is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux. Expected Audience: People interested in Jazz and the Law mp3 audio | ogg audio | torrent This week on the Lawcast we have something a little bit different. If you want to hear more from Robert, check out The Jazzcast After Party or you can check out when Tom and I had him on the main Music Manumit show. Thanks, as always on the Jazzcast, to Ryno for twiddling the knobs! The reason it took so long to get this out is that I had to go back and put in some of the tracks because one of the channels dropped out late in the show. I didn't go back and fix the audio when Robert and I were talking because I thought it would take too long, but I didn't think it was fair to the musicians for you not to hear both of their channels, in case they had anything recorded in stereo. I regret not getting this out sooner, because I think this might be the format of the future. We'll see if I am even able to do the Lawcast next summer. Brian and I discussed a bit about the future of the Lawcast on the last episode, but I go into a bit more detail in the most recent OpenSourcePlayground.org article. Introduce Robert Eternal Jazz ProjectSong: MeanderAlbum: Gratis Jazzhttp://magnatune.com/artists/albums/ejp-gratis/BY NC SA Swedish groupcool jazz inspiredelectronica and jazz http://www.musicmanumit.com/2013/05/jazzcast-summer-series-episode-1-with.html Magnatune member “since the beginning” Janne NummelaSong: "Icthys I"http://freemusicarchive.org/music/Janne_Nummela/Kosmoskalevala/By NC SA Imperial Tiger Orchestra Janne NummelaSong: "Mom's Song II"Album: Kosmoskalevalahttp://freemusicarchive.org/music/Janne_Nummela/Kosmoskalevala/By NC SA Contract law and unconscionability.Arbitration vs. class action “almost impossible to meet standard“ Class actions are not a panacea? https://en.wikipedia.org/wiki/Class_action https://en.wikipedia.org/wiki/Class_action#U.S._federal_class_actions Talk about the first jazz track.https://en.wikipedia.org/wiki/Jazz#1890s.E2.80.931910s1st Million Selling Jazz record! Dixieland Jass Band"Livery Stable Blues"http://archive.org/details/LiveryStableBluesPD So, we’re both sorta right!Doug pics two as well!http://www.musicmanumit.com/2012/10/music-only-121012-music-manumit-podcast.html "Grigioscuro" by Oprachina (jazz) - CC-BY-NC-SA - Website"African Skies" by Joel Holmes (Jazz) - CC-BY-SA - Website Here's a followup email Robert sent me Hi Doug: Thanks for having me on the jazzcast. I appreciate it. I woke up this morning eager to sort out all my confusions on the pre-1972 issues. Here is what I learned: 1. as you discussed on the podcast, pre-1972 federal law did not protect sound recordings. The 1972 Act began that protection as to recordings from mid-February 1972. The 1976 act continued and incorporated the protection. Though the 1976 act provided for pre-emption of state law in some areas as to published works, state law is not pre-empted as to pre 1972 sound recordings until 2067. 2. state copyright law still applies to pre-1972 acts. Though the Copyright Office recommended passage of a savings statute, I did not locate that one has passed, and believe I erred when I inferred that from a quick reading of the Copyright Office materials. 3. The field of state law copyright protection heated up when the New York state Court of Appeals held that the DMCA safe harbor does not apply to state copyright claims in pre-1972 matters, in a suit denying that key affirmative defense to  Grooveshark. http://www.citizen.org/documents/NYAppDIvOpin.pdf So it looks like I muddied up the podcast because  a. then and now, it looks like  federal copyright protection in pre-Feb-1972 sound recordings is limited to the elements (lyrics, music, etc.) and not the recording itself and that state law copyright applies and b. though the Copyright Office recommended a fix, no fix yet applies, and c. state law in mos

This is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux. Expected Audience: Legal Recruiters, Prospective Law Students and UNH/FPLC Alums mp3 audio | ogg audio | torrent | unedited video Part of the reason I wanted to do this series is because I see other schools with podcasts (American, Chicago, Harvard, Yale, Virginia, etc.) Brian has written 8 articles for the Lawcast. Why don’t you tell us a little about yourself?political science major in college What are your plans this upcoming semester for the Lawcast? part-time externship Writing for Practice Admin Pro Copyright registration takes a while! Have you thought about whether you’ll stick with the Lawcast after graduation? Figure it out as you go! What are some of your longterm goals in the law? Stay in NH! Start practicing business litigation and that may take him in into trademarks public sector first More specifically, what have you been up to this summer? Clinic calls, intake interviews Legal clinic doesn’t do divorces technology transfer What do you think of Mary leaving UNH? Brian was surprised. Maybe school is trying to branch out a little more. What do you think of Sports Law as part of IP? The correct name is the Sports and Entertainment Law Center.   hard to talk about as much because no Title. Just very complicated! compared  I cut out a bit about patents after the discussion about sports law, so if you want to hear a bit more about patents, you'll have to watch the unedited video. With Life of a Law Student no longer in existence, where do you think is the best place to go for free additional legal materials? some blogs: not a single source

This is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux. Expected Audience: Those interested in CC 4.0. mp3 audio | ogg audio | torrent | unedited video I apologize for the echo on my audio. It didn't happen at the beginning of the recording, so I thought maybe it would stop, but it never did once it started. If you watch the video, you'll notice that Jessica isn't wearing headphones, so let that be a lesson to all you would-be podcasters...always wear headphones while producing a show! On the other hand, at least this time Google didn't decide to cut out Doug's audio while he was typing...because Doug didn't type. That means the show notes aren't that great. If you'd like better show notes in the future, please make sure you donate. Donations are sure to get my attention. Also, I'm always interested in getting additional volunteers to help out with writing, editing and promoting the Lawcast, so just let me know if you'd be willing to put in the time to make great show notes. Alright, onward... Here's the show Tom and I did with Jessica back in December. Before that, and actually, before Music Manumit existed, CC came out with the 3.0 license in 2007. Big things: They've made the language more "plain English"No more porting (well, there will be some) There are still some countries that have not signed Berne (though TRIPS incorporates "almost all" of Berne): Afghanistan, Angola, Burundi, Cambodia, East Timor, Eritrea, Ethiopia, Iran, Iraq, Kiribati, Kuwait, Maldives, Marshall Islands, Mozambique, Myanmar, Nauru, Palau, Papua New Guinea, San Marino, São Tomé and Príncipe, Seychelles, Sierra Leone, Solomon Islands, Somalia, Taiwan, Turkmenistan, Tuvalu and Uganda. If you want to get involved int he 4.0 process, the best way to do so at this point is to check out the wiki and get involved in translation. Get in TouchMusic Manumit Last.fm group My Last.fm username: DouglasAWh. Libre.fm username: douglasawh. 280.status.net: douglasawh I'm on too many social networks to list them all! DonateFlattr Help Doug get through law school! Buy him a book or food!