Thursday, October 22, 2009

5 Legal Points

1. "If you interview someone for your podcast, you need to consider both copyright and publicity rights issues [...] In many interview scenarios, you may have an implied license to use the materials, but it safest to get your interviewee's written consent or (at minimum) record the interviewee's verbal consent before you use the interview in your podcasts".

2. "If you are interested in video podcasting, vlogging or otherwise including images or video with your podcast, you need to think about potential copyright issues and publicity issues [...] You need to isolate and think about each type of work that may be included in an image or video and identify whether you need to clear each of those works. For example, you will need to identify each piece of music you use and any still images or video footage created by other people and consider whether copyright applies and if so, whether your use requires the copyright owner's permission or whether your use falls within an exception to copyright".

3. "A claim of right to publicity generally arises if you use another person's image, likeness or voice in a podcast without their consent and for commercial purposes, which results in injury to the individual [...] This means that if you use another image, likeness or voice as a way of advertising or soliciting your podcast, you will need the individual's consent".

4. "Generally you do not need permission to make an informational use of a trademark [...] You will need permission if you're making a commercial use of the mark".

5."One method of marking your podcast before distribution is to use the “All Rights Reserved” model. Under this model, you would “reserve” all your copyright-related rights in your podcast by marking it with the © symbol".

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