Rules for the Revolution

Host: Colette Vogele

Guest: Corey Denis, Digital Marketing Manager for IODA

Bio forthcoming… As Digital Marketing Manager of IODA, Corey’s responsible for Promonet, Digital Marketing, User Advocacy, and for demonstrating the increase of digital sales across the long tail as a result of digital marketing for labels and musicians around the world. Prior to joining IODA in 2005, Corey has had deep roots in independent music, working in the music industry for over 10 years, and worked for five+ years at indie labels, including W.A.R.? - What Are Records?, where she worked in tour promotion, marketing, research, A&R, production and online marketing development. Corey pioneered and nurtured W.A.R.?’s New Media Marketing department which resulted in an increase in digital sales and new online attention for W.A.R.? In addition, Corey has worked creatively with independent filmmakers, as a music supervisory consultant for indie comedies and dramas such as “Virgins? and “The Hand Job.? In 2003-04, she was also responsible for producing and directing Guerrilla Wordfare, a hip hop/ spoken word/ art festival in Boulder, CO. Her blog and music podcast are called Not Shocking. Her blog and music podcast are called Not Shocking.

Topics and Questions for Episode 012: Corey Denis, Digital Marketing Manager for the Independent Online Distribution Alliance (more commonly called IODA), gets down to brass tacks and explains Promonet, a service that allows users to place music into their audio or video podcasts (or video blogs, or internet radio program, or zine, or website, or whatever) legally. She explains the service, some of its terms of use, and some issues related to music licensing.

Host: Colette Vogele

Guest: Tony Falzone, Executive Director, Stanford Fair Use Project

An intellectual property litigator with nearly a decade of experience, Tony has advised and defended writers, publishers, filmmakers, musicians and video game makers on copyright, trademark, rights of publicity and other intellectual property matters. Prior to his work at Stanford, he was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.

Topics and Questions for Episode 011: Today’s episode brings back Tony Falzone, Executive Director for the Fair Use Project at Stanford’s Center for Internet and Society. Tony describes what Fair Use is under the Copyright Act, and how the law is developing in this important field that helps to balance copyright and free speech under the First Amendment.

Host: Colette Vogele

Guest: Kurt Opsahl, Staff Attorney, Electronic Frontier Foundation

Kurt’s work at the EFF focuses on civil liberties, free speech and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Kurt also has past affiliations as research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Kurt also co-authored the Electronic Media and Privacy Law Handbook.

Topics for Episode 010: In today’s episode, we continue our interivew with Kurt Opsahl Section 230 of the Communications Decency Act. The CDA protects intermediaries of contenton the internet from claims that should be directed at the users rather than the intermediaries. Our discussion goes through examples of what sorts of conduct will bring an intermediary within the scope of the protection, and what sorts of activity will put the intermediary at risk.

Host: Colette Vogele

Guest: Kurt Opsahl, Staff Attorney, Electronic Frontier Foundation

Kurt’s work at the EFF focuses on civil liberties, free speech and privacy law. Before joining EFF, Opsahl worked at Perkins Coie, where he represented technology clients with respect to intellectual property, privacy, defamation, and other online liability matters. Kurt also has past affiliations as research fellow to Professor Pamela Samuelson at the U.C. Berkeley School of Information Management & Systems. Kurt also co-authored the Electronic Media and Privacy Law Handbook.

Topics for Episode 009: In today’s episode, we discuss with Kurt Opsahl the background of Section 230 of the Communications Decency Act. Kurt describes the congressional goals of the the CDA, a piece of the lengthly telecom legislation passed in 1996. Since its passage, other sections of the CDA have been struck down under constitutional challenges. Section 230, however, thrives today by providing fairly broad protection for intermediaries of content on the internet, which often includes podcasters (as well as eBay, Google, Yahoo!, and many more…).

Host: Colette Vogele

Guest: Tony Falzone, Executive Director, Stanford Fair Use Project

An intellectual property litigator with nearly a decade of experience, Tony has advised and defended writers, publishers, filmmakers, musicians and video game makers on copyright, trademark, rights of publicity and other intellectual property matters. Prior to his work at Stanford, he was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.

Topics and Questions for Episode 008: In this episode, Tony Falzone, Executive Director for Fair Use Project at Stanford’s Center for Internet and Society discusses the newly-announced Documentary Film Program, which provides a resource for documentary film makers who need to find errors and ommissions (E&O) insurance but run into problems because much of the content in their films is without permission, but used under the fair use doctrine. (Photo from interview!)

Host: Colette Vogele

Guest: Tony Berman, Berman Entertainment and Technology Law

Tony’s practice involves negotiation of entertainment and technology contracts and advising clients on legal issues involved in the formation of media-related organizations and protection of copyrights and trademarks. He is also an adjunct professor at Golden Gate University School of Law where he teaches Negotiating and Drafting Contracts in the Entertainment Business.

Topic: In this episode, we continue the conversation with Tony Berman, founder of Berman Entertainment and Technology Law. Tony addresses specific issues to consider with respect to including music in your video blog or video podcast.

Host: Colette Vogele

Guest: Tony Berman, Berman Entertainment and Technology Law

Tony’s practice involves negotiation of entertainment and technology contracts and advising clients on legal issues involved in the formation of media-related organizations and protection of copyrights and trademarks. He is also an adjunct professor at Golden Gate University School of Law where he teaches Negotiating and Drafting Contracts in the Entertainment Business.

Topic: In this episode, Tony Berman, founder of Berman Entertainment and Technology Law, discusses the how to clear music content for your podcast. Tony doesn’t sugar coat the situation for us. He addresses questions about what licenses you need, what parties own the rights, how to search for rights holders, and some of the tools that are available to help clear the rights you need to use music legally.

Host: Colette Vogele

Guest: Jason Schultz, Electronic Frontier Foundation

Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.

Host: Colette Vogele

Guest: Jason Schultz, Electronic Frontier Foundation

Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.

Topic for Episode 004: In this episode, Jason discusses the Digital Millenium Copyright Act (the “DMCA?) and how podcasters and video bloggers are affected by this law enacted nearly 10 years ago. We start with some background on how the DMCA came about in 1998, then turn to discussing the two key provisions of the act — anti-circumvention (17 U.S.C. §1201) and notice/takedown/safe-harbor rules (17 U.S.C. §512). This episode mostly focuses on the anti-circumvention issues faced by video bloggers and podcaters, while next week’s episode will break down the notice and takedown process of section 512.

Host: Colette Vogele

Guest: Mia Garlick

Topics for Episode 003: In this episode, Colette finishes her interview with Mia Garlick, General Counsel for Creative Commons (CC), and focuses on meaning of the “Non-Commercial use? restriction in CC licenses.