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.