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 Audiomp3 audio | ogg audio | stream | torrent This month's drinks:Doug - Celestial Seasoning's Honey Vanilla Chamomile Thomas - Simply Enjoy Hawaiian Blend CoffeeOf 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

Music Manumit

16. Lawcast: Performance Rights Organizations (PROs) and Collection Societies

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

15. Lawcast: Band Agreements

Creative Commons Attribution SymbolAs always, this show is not legal advice and does not constitute an attorney-client relationship.Audiomp3 audio | ogg audio | stream | torrent | unedited videoOnce 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 Licensed Material is synched in timed relation with a moving image.Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,  Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.Licensor means the individual(s) or entity(ies) granting rights under this Public License.Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the  material from a place and at a time individually chosen by them.Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.You means the individual or entity exercising the Licensed Rights under this Public L icense. Your has a corresponding meaning.Section 2 – Scope.License grant. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: reproduce and Share the Licensed Material, in whole or in part; andproduce, reproduce, and Share Adapted Material.Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You  do not need to comply with its terms and conditions.Term. The term of this Public License is specified in Section 6(a).Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.Downstream recipients. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).Other rights. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. Patent and trademark rights are not licensed under this Public License.To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.Section 3 – License Conditions.Your exercise of the Licensed Rights is expressly made subject to the following conditions.Attribution. If You Share the Licensed Material (including in modified form), You must: retain the following if it is supplied by the Licensor with the Licensed Material: identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);a copyright notice;a notice that refers to this Public License; a notice that refers to the disclaimer of warranties;a URI or hyperlink to the Licensed Material to the extent reasonably practicable;indicate if You modified the Licensed Material and retain an indication of any previous modifications; andindicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.Section 4 – Sui Generis Database Rights. Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; andYou must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.Section 5 – Disclaimer of Warranties and Limitation of Liability.Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.Section 6 – Term and Termination.This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; orupon express reinstatement by the Licensor.For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.Sections 1, 5, 6, 7, and 8 survive termination of this Public License.Section 7 – Other Terms and Conditions.The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.Section 8 – Interpretation.For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority. Outgoing Track: Kevin MacLeod - Devastation and Revenge -  CC BYSubscribe to the Show:via iTunes | Other via RSS

14. Lawcast Reboot Episode One: Creative Commons Attribution (CC BY) license

This is not legal advice. Leave audio feedback at (512) 686-6329.Expected Audience: Anyone that wants to learn about the show rebootOriginal and Licensemp3 audio | ogg audio | torrent | stream | unedited videoFirst 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 OneNick’s focus was social justice, my focus is essentially social justice through IP, and TG’s focus is musicmention 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 entrepreneurshipAugust: 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.

13. Lawcast Reboot Episode Zero: Where We Are Headed

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 basicsClick For Image Usage Details mp3 audio | ogg audio | torrentThis 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 groupMy Last.fm username: DouglasAWh.Libre.fm username: douglasawh.GNU Social: dawI'm on too many social networks to list them all!DonateFlattrHelp Doug get through law school! Buy him a book or food!

Trademark Basics 1: Intro to Trademarks

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.htmlGet in TouchMusic Manumit Last.fm groupLast.fm: DouglasAWh.Libre.fm: douglasawh.GNU Social: dawDonateHelp me pay off law school debt! Buy me a book or food or use Flattr!

Introduction to Aaron Wolf and Snowdift.coop

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 logomp3 audio | ogg audio | torrentFrom 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.

Not Quite an Episode

 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 RobertEternal Jazz ProjectSong: MeanderAlbum: Gratis Jazzhttp://magnatune.com/artists/albums/ejp-gratis/BY NC SASwedish groupcool jazz inspiredelectronica and jazzhttp://www.musicmanumit.com/2013/05/jazzcast-summer-series-episode-1-with.htmlMagnatune member “since the beginning”Janne NummelaSong: "Icthys I"http://freemusicarchive.org/music/Janne_Nummela/Kosmoskalevala/By NC SAImperial Tiger OrchestraJanne NummelaSong: "Mom's Song II"Album: Kosmoskalevalahttp://freemusicarchive.org/music/Janne_Nummela/Kosmoskalevala/By NC SAContract 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_actionsTalk 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/LiveryStableBluesPDSo, 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.pdfSo 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 andb. though the Copyright Office recommended a fix, no fix yet applies, andc. state law in most states does provide (patchwork) protection for these works andd. the DMCA's protection for broadcasters may not apply to infringement of these works under state lawSorry to get it wrong on the show!best, Bob 

12. What's Jazz Got To Do With It?

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 videoPart 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 collegeWhat are your plans this upcoming semester for the Lawcast? part-time externship Writing for Practice Admin ProCopyright 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 transferWhat 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

11. Brian Clark Discusses UNH and His Role at the Lawcast

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 videoI 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 groupMy Last.fm username: DouglasAWh.Libre.fm username: douglasawh. 280.status.net: douglasawhI'm on too many social networks to list them all!DonateFlattrHelp Doug get through law school! Buy him a book or food!

10. Jessica Coates, Creative Commons Global Network Manager

Listen and find out how Tottenham fits in to Music ManumitThis 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 patent policy and those interest in the Netizen Empowerment FederationWelcome back to the Music Manumit Lawcast! It's been a while since we've put out a podcast. We should be putting out one a week this summer. They'll be shorter than last summer, and it'll just be Doug and a guest. Also, Brian should be coming out with some shows on trademark law. mp3 audio | ogg audio | torrent | unedited videoJosh and Doug cover a lot of ground. Expect a more focused show next time, when Doug speaks with Alex Owczarczak.Show notes after the breakIntro from Doug about NEF, MML and Sportazine discuss the multiple audiencesCan you speak a little about your background?2004, BS in Chemistry from Elon went to Colorado, Boulderworked in San Diego Doesn’t like being a chemist!What is your focus in patent law?pharmaceuticalsCopyright and trademark law background?Died-in-the-wool punk-rockerCopyright policy vs. Patent policy?objectives are very differentBroad sense?Access to educational material is similar to access to medicineWhat do you see your role as in NEF?Guiding hand to keep other board members on topic ← this is an inside joke of sortsEventually get to the point where NEF is more than anPatent stuff in public interest?Orphan disease listbringing multiple groups together: private labs, etc.Profit-center vs. giving away?Music is a powerful tool for moving causes forward: think of the 1960s.Drive the story and awareness!Conflicts of interests?polio vaccine was patented and then dedicated to the public domain, because it is “the right thing to do”Pharmaceutical research is incredibly expensive. Billions of dollars!And, just because Tom hates it when I ask sports questions and I have the opportunity without him here: who do you think will win the EPL next year?If rumors are true, Mata is gone. City, not a legitimate threat?Currently only limits insolvency.Is there anything else you would like to say?3-way fight between United, Chelsea, SpursGet in TouchMusic Manumit Last.fm groupMy Last.fm username: DouglasAWh.Libre.fm username: douglasawh. 280.status.net: douglasawhI'm on too many social networks to list them all!DonateFlattr Help Doug get through law school! Buy him a book or food!

7. NEF Board Member Josiah Barbour

Koko: A Talking GorillaThis is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux.Expected Audience: anyone curious about animals, AI, extraterrestrials and copyrightThis week, Doug speaks to Neal Smith, author of "Monkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creators." mp3 audio | ogg audio | torrent | videoPer usual, the sparse show notes are after the break.Why don’t you tell us a bit about yourself?Neal Smithlaw librarian at Western New England University (School of Law)He was the notes editor for IDEA this year.I want to leave plenty of time for questions, so I don’t want to get into too much detail about the paper at this time, but why don’t you give us a brief synopsis of the paper?Title of PaperMonkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creatorscreative works by non-human creatorsthere was a story that went viral in 2011other forms of protection can workCould you speak a little about animal welfare vs. animal rights and does it matter for things like right of publicity?animal welfare is about protecting animalsanimal rights takes it a step furtherAnimal welfare says we should protect Koko the GorillaAnimal rights might appoint a guardianYou don’t talk at all about trade secrets? Why not?Process or methodtrade secrets might be the way to go with AIWhy are nonhuman creations not the subject of trademark or patents? It seems like AI or intelligent extraterrestrials could fulfill the requirements for either.strong AI presents the same problems as intelligent extraterrestrialsIs the argument on the patent front, that an animal could invent something, but it could not fulfill the disclosure requirements?Just not useful creationsYou say “These cases together indicate [copyrightable] if the author makes any sort of decision about the outcome of the final product that involves more than the mechanical implementation of a standard method or template.  Works by animals can meet this threshold, while current machine-generated works and works of nature cannot.” You answer this generally in the paper, but more specifically, what would it take for a machine-generated work to meet this threshold?The issue is to meet the originality requirement. “modicrum of creativity” See Feist.more than randomness and more than wrote mechanical methodmachine creation might include randomness, which means that it isn’t copyrightableDoesn’t the Shakespeare analogy break down because a gorilla eats a lot (and thus costs a lot) and Shakespeare is long dead? A dead gorilla cannot create.Gorilla to paint needs food to keep it alive and materials to let paint.The real incentive is for the humans.novelty is an issue of source and copyright is not about protecting sourcetrademark is about protecting sourceHow does any of this relate to the Public Domain and/or Creative Commons?Creative Commons: doesn’t directly apply to CC, because CC depends on copyrightPublic Domain: Right on point! Right now these works are in the public domain by defaultMike Masnick got a takedown notice for posting images of the work in question.What are you planning next in your research and writing endeavors?Going in two different directions1. Orphan/hostage works (is it really a problem?)2. Copyright preemption and licensing agreements this is particularly important for libraries a California case involving UCLA in 2012 language limiting fair use might be preemptedGet in TouchMusic Manumit Last.fm groupMy Last.fm username: DouglasAWh.Libre.fm username: douglasawh. 280.status.net: douglasawhI'm on too many social networks to list them all!DonateFlattr Help Doug get through law school! Buy him a book or food!

9. Monkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creators

The Federal CircuitThis is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux.Expected Audience: law students and attorneys interested in decision tree analysisFirst off, on top of our usual disclaimer, nothing Alex says should be taken as a statement by the U.S. government or the U.S. Court of Appeals. mp3 audio | ogg audio | torrent | unedited videoInterview notes after the break.Can you tell us a bit about your background?Intern at Court of Appeals for Federal CircuitAll patent law appeals. Special subject matter jurisdiction. Administrative appealsMany things dismissed for lack of jurisdictionBefore we get into the note, you helped file an amicus brief for a DNA decision handed down yesterday. Do you want to discuss that at all?isolated DNA is not patent eligible.SCOTUS handled it properly.We don't need a play-by-play on the note. People can go and read it, but just tell us a bit about the note so people know what we are talking about. IDEA doesn’t stand for anything!How is a decision tree different than a flow chart?flow chart is almost the reverse of a decision treeThe paper is presented as an introduction to decision tree analysis for lawyers. Do you think the paper could also be useful to musicians and other content creators trying to make decisions without counsel? Obviously people need to seek counsel if they are making an important decision, but obviously most Creative Commons musicians are not doing that.Caution non-legal Using these trees is all well and good, but isn't the valuation of cost and the evaluation of risk still going to be where most of the failure is?Some things do curves versus numbersWhat software do you use?Free download but no longer there. You weren't a business major in college, so where did you learn about this?Doing research for a professor and came across it.There have been a lot of bad decisions made in the financial world in the last decade and a half. Were those people using decision trees? What are some of the follies of using decision trees?a tool to help.Since our audience is most familiar with copyright law, could you briefly discuss the difference between utility patents and design patents? Also, how do those relate to industrial designs?utility patent goes to 101design patent is how something looksdesign patent is different because does not have to be original in some wayno fair use in design patentYou know the outcome of Samsung v Apple, so doesn't that color your decision tree?Samsung doesn’t have to file with the SECHow broken is the patent system? Where do you think it is broken?Not perfect, but not broken. AIA fixed some problems, but we’ll see how it goes.AIA addressed some litigation issues and created new administrative courts.Other things that could be addressed: gene patents, software patents, NPE, patent trolls, PAE (patent assertion entity)property owners!When/where can people find the note?Should be online early fall.Do you have anything else you'd like to share with the listeners?It’s going to be an interesting next few yearsGet in TouchMusic Manumit Last.fm groupMy Last.fm username: DouglasAWh.Libre.fm username: douglasawh. 280.status.net: douglasawhI'm on too many social networks to list them all!DonateFlattr Help Doug get through law school! Buy him a book or food!

8. Alex Owczarczak, Student Judicial Intern Clerk at U.S. Court of Appeals for the Federal Circuit

INTERVIEWS WITH CREATIVE COMMONS MUSICIANS

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