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Monday, October 18, 2004

Pod Lawed

Just as a film containing unlicensed copyrighted material (e.g., a soundtrack mixed from your favorite tunes) can lead to legal problems, the same is true in the world of podcasting. A discussion sparked by Doc Searls is exploring the differences between downloading audio to play at your leisure (probably on a portable device) and Internet radio (the latter of which is subject to a labyrinthine royalty process and other regulation).

Meanwhile, Adam Curry, John Palfrey, and Derek Slater are wisely paying attention to the copyright ramifications of using recorded music in a podcast. If you're not a Mac/iMovie user you might not be familiar with Freeplay Music, a serviceable resource if you're looking for free background music for "private non-commercial use" — which the site's FAQs define as generally including "using music on a personal Web site" or "content that you produce for friends and family." It's not entirely clear that would include music put in a podcast (probably not if there is any commercial aspect to it), but it's a good start. So is Creative Commons's Search. Soon, you'll be able to add Ourmedia to the list, which at the moment is a worthy cause in search of some forward looking pro bono legal assistance.

Personally, I'm wondering how long before the trademark shoe drops.


Bonus link: don't miss Larry Lessig's comments on Creative Commons recently emailed to Dave Winer:

No author gives up his copyright when putting content under a CC license. A CC license is just permissions given up front. It rests upon a copyright (without the copyright, you couldn't impose the permissions). But the copyright owner holds the copyright, and just says, "here's how you're free to use my work."

Creative Commons LicenseUnless otherwise expressly stated, all original material of whatever nature created by Denise M. Howell and included in the Bag and Baggage weblog and any related pages, including the weblog's archives, is licensed under a Creative Commons License.