02+Copyright

COPYRIGHT ISSUES

=WHAT IS Podsafe?=

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 * Podsafe** is a term created in the [|podcasting] community to refer to any work which, through its [|licensing], specifically allows the use of the work in [|podcasting], regardless of restrictions the same work might have in other realms. For example, a song may be legal to use in podcasts, but may need to be purchased or have royalties paid for over-the-air [|radio] use, [|television] use, and possibly even personal use.

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 * ==Contents==
 * [|1] [|Definition of "podsafe"]
 * [|2] [|Motives]
 * [|2.1] [|For the podcaster]
 * [|2.2] [|For the artist]
 * [|3] [|See also]
 * [|4] [|External links] ||

[[|edit]] Definition of "podsafe"
The effective definition of "podsafe" for a given work depends entirely on the contract through which the podcaster licenses the work; there is no single podsafe license. The concept of podsafety, in its true form, greatly favors the artist and the profitability of the artist's product, in exchange for only very limited concessions to the podcasting community. While some works (such as [|public domain] works or works under some [|Creative Commons] licenses) are inherently podsafe, the only actual requirement for a work to be podsafe is that any licensing requirements it has, if applicable, allow for the work's free use (typical broadcast use in its original form, if in no other form, depending on the specific license) in a podcast or web broadcast. This gives specific favor to podcasts only, allowing the artist to impose more traditional constraints on everyone else. Podsafe licensing can, for example, continue to require non-podcast consumers to pay for the work, require royalties on derivative works, and profit significantly from the work's use in traditional radio, television, or film. The licensor of any podsafe work must be legally capable of making it so. An artist cannot distribute his or her own work through a podsafe license if doing so would break any laws or breach any standing agreements ([|e.g.] with the [|RIAA]). The creator of a derivative work may also not claim this work podsafe without express permission from the original copyright holders. ([|PMN] has more specific and stringent terms to this effect in its agreement.) Another point of contention is that not all podcasts are non-commercial works; in fact, an increasing number of podcasts are taking on sponsors and looking to make a profit. In general, no significant distinction is yet made between podsafe for non-commercial use and podsafe for commercial use, but it could easily arise at any moment.

[[|edit]] For the podcaster
As [|podcasting] grows more and more popular, illegal use of heavily licensed music (as through the [|RIAA]) starts to grow at an extremely high pace. This is in general of greater concern to podcasters than to the typical sharer of music, because podcasters usually produce their shows for and promote them to the public—a far more overt and traceable action. Including such licensed music legally has its own set of caveats. Indeed, under many jurisdictions it's currently impossible, but the message from those in the know is that many licensing agencies, if they do intend to allow the use of their music on podcasts, will require not only the payment of royalties but also the use of [|DRM] on the shows. (DRM, because of its proprietary, system-specific nature, would be destructive to the general openness and system independence of podcasts.) Use of podsafe music instead of more stringently licensed material allows a podcaster to continue to produce an inexpensive, legal program with little hassle. Not least important for an independent podcaster is the promise of being able to avoid the confusing maze of licensing organizations.

[[|edit]] For the artist
Conventional radio (and television) can present a difficult, and not always logical, barrier of entry for a musician or other media artist involving large sums of money and often a great deal of surrender in both ownership and creative freedom. In contrast, podcasting, an increasingly popular medium for audio programs, is as a whole very receptive, indeed thirsty for artists and input. This is due in part to the creative and economic nature of the largely independent podcasting community and further fueled by its need to avoid repetition. While a conventional radio show may be able to risk replaying a large part of its music selection from day to day, there would be little point in downloading a music podcast whose selection did not vary significantly from a previous show. Podcasting is thus a voracious medium. With a growing and international audience podcasting is now becoming an effective means for inexpensive artist promotion often aimed squarely at the people most likely to be interested in that type of music http://en.wikipedia.org/wiki/Podsafe

 Fair use
 Fair use — the tradition that individuals may make use of copyrighted works for a range of purposes that are legal — has been on the ropes lately, under assault by forces that maintain there is no such thing as a fair use "right."  Conversely, many people mistakenly believe fair use gives them broad, indiscriminate leeway to appropriate copyright holders’ works. Fair use does not mean you can take some wickedly cool video you found online and publish it — for the simple reason that you didn’t do anything to transform it and it’s not yours to share. But you may track down the creator and persuade to give you permission to do so.  In short, the exact scope of fair use in cyberspace is anything but clear-cut. (Fair use goes by different names in different countries.)  As a result, we asked the University of California Berkeley’s Samuelson Law, Technology & Public Policy Clinic to use its contacts to craft a set of fair use guidelines for Ourmedia.  Fenwick-West, a prestigious intellectual property law firm in San Francisco, took up the task and wrote the following policy. We thank them for their generous time and research.

 Ourmedia's fair use policy
 Before you submit your work the best way you can avoid infringement is by obtaining proper permission from the copyright or trademark owner before using it in your work, even if you only use a small part of his or her material. Simply crediting a copyright or trademark owner whenever you use his or her material is not a substitute for obtaining permission. If you do not obtain permission and you are not sure if your work falls within the fair use guidelines outlined below, consider consulting an attorney or avoid using the material altogether.  Cyberspace law differs by jurisdiction and is developing rapidly. Our fair use policy seeks to reflect United States intellectual property laws because our servers are located in the U.S., but recent legal developments may not be stated here.

 Copyrights
 A copyright protects original works of authorship fixed in a tangible medium of expression, such as published and unpublished written, visual, and audio works. Examples of copyrighted material may include music, films, television programs, and photographs. Copyright laws usually do not protect, among other things, ideas, procedures, discoveries, and works in the public domain (i.e., standard calendars). Be mindful, however, that many things commonly thought to be in the public domain are not, so you need to be very careful to do a little research before assuming that something is in the public domain. For example, just because someone posts something online does not mean that he or she is allowing anyone to use it for any purpose. A copyrighted work does not need to say that it is copyrighted, or have the copyright symbol © on it. The copyright owner has the right to copy or permit others to copy his or her material.  Copyright infringement occurs whenever someone uses rights reserved just for the copyright owner without proper permission from the owner. You could be guilty of infringement if you improperly use another’s copyrighted material, even if that use is unintentional.  If you live outside the U.S., be aware of the copyright laws governing your jurisdiction. Many countries have ratified international agreements and are members of organizations that seek to protect copyright owners.

 Copyright 'Fair Use'
 The "fair use" of another’s copyright material means that, depending on your particular situation, you can sometimes use a part of another’s copyrighted material in your own work without permission from the owner. You may fairly use another’s copyrighted material provided that your work essentially transforms the copyrighted material into something original and creative, such as a parody, satire, or political statement. It is not automatically fair to use another’s copyrighted material for a noncommercial, educational, or private purpose, or to exercise your First Amendment rights. It is usually fair use to use just enough of another’s copyrighted material that is necessary to communicate your ideas.  Examples of actions that may infringe others’ copyrights include the following: attempting to make money from another’s copyrighted material; completely duplicating another’s copyrighted material; creating a new work comprised mostly of another’s copyrighted material; and paraphrasing another’s copyrighted material without permission and attribution.

<span style="color: black; font-family: 'Verdana','sans-serif';"> Trademarks
<span style="color: black; font-family: 'Verdana','sans-serif'; font-size: 10pt; line-height: 140%;"> A trademark is a distinctive sign that identifies particular goods or services as those made or supplied by a person or entity. The owner of a trademark possesses the license to use the mark. Examples of trademarks include the bulls-eye symbol for Target, and word marks like Xerox and Macintosh. <span style="color: black; font-family: 'Verdana','sans-serif'; font-size: 10pt; line-height: 140%;"> Trademark infringement occurs whenever someone uses rights reserved just for the trademark owner without the owner’s permission. You could be guilty of infringement if you improperly use another’s trademark, even if that use is unintentional. <span style="color: black; font-family: 'Verdana','sans-serif'; font-size: 10pt; line-height: 140%;"> Be aware of the trademark laws governing your jurisdiction. Many countries have ratified international agreements that seek to protect trademark owners.

<span style="color: black; font-family: 'Verdana','sans-serif';"> Trademark 'Fair Use'
<span style="color: black; font-family: 'Verdana','sans-serif'; font-size: 10pt; line-height: 140%;"> The "fair use" of another’s trademark means that, depending on your particular situation, you can sometimes use another’s trademark in your own work without permission from the trademark owner. You may fairly use another’s trademark inconspicuously in your own work to identify that product or service, while avoiding the risk of misattributing your work to the trademark owner. Fair use often permits “fair comment" of another’s trademark, such as comparing your product to another’s in an advertisement. A work that incorporates another’s trademark in a genuine parody or satire is often fair use, so long as it is not a disguised attempt to compete with another’s products or services. You can read what the U.S. Patent and Trademark Office has to say about trademark fair use by clicking on this link: <span style="color: black; font-family: 'Verdana','sans-serif'; font-size: 10pt; line-height: 140%;"> Examples of actions that may be infringement include altering another’s trademark or the product or service associated with it, or directly or indirectly making false claims about the trademark or product or service with that it is associated