This link has been bookmarked by 18 people . It was first bookmarked on 27 Mar 2007, by Mark pearson.
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25 Jul 08
Anne BubnicCopyright law protects musical and spoken compositions, or "works"; the performance of a work preserved in a sound recording; and the sound recording itself. Podcasting implicates these in three ways: the performance of a work; the playing of a sound recording of a performance; and the reproduction of a sound recording by incorporating it into a podcast. The law is well-settled only as to the first of these.
ad4dcss music copyright cyberethics digital law 4a_ISTE_teacher_nets
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- Musical works. Performance rights organizations (ASCAP, BMI and SESAC) handle copyright licenses for the performance of musical works, including their performance in a podcast. Separate licenses are necessary from each performance rights organization because each company represents different publishers of composers' musical works.
- Sound recordings. Copyright licenses for the playing (or "performance") of sound recordings historically have been handled directly with the owners of the works, usually record companies. (Over-the-air broadcasters are not required to obtain copyright licenses for playing sound recordings. They must, however, hold licenses for playing the underlying musical works.)
- Musical works. Performance rights organizations (ASCAP, BMI and SESAC) handle copyright licenses for the performance of musical works, including their performance in a podcast. Separate licenses are necessary from each performance rights organization because each company represents different publishers of composers' musical works.
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Reproduction. By contrast to webcasting, a podcast may include a reproduction of a sound recording. Podcasting is an interactive activity. It results in the transmission of a sound recording which is fixed and is accessible on demand by the user. The reproduction requires clearances or licenses - for the sound recording, and for the musical work. Although the performance rights societies offer licenses to cover the musical works in a podcast, no uniform or industry-wide licensing scheme has developed yet to cover the sound recording.
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This leaves the podcaster with three choices: to attempt to obtain licenses from the record companies; to limit podcasts to sound recordings not subject to copyright protection (generally, U.S. recordings pressed before February 15, 1972 [careful: a CD reissue of a pre-1972 recording is a new, protected, sound recording]); or to eliminate sound recordings altogether from podcasts.
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21 Jan 07
Michael SmithPodcasting, legal, royalties, music, copyrights, Carly Didden, CBI
imported Bookmarks Podcasting_and_Blogging How-Tos podcasting copyright music legal law licensing
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12 Nov 05
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15 Oct 05
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11 May 05
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Copyright law protects musical and spoken compositions, or "works" the performance of a work preserved in a sound recording; and the sound recording itself. Podcasting implicates these in three ways: the performance of a work; the playing of a sound recording of a performance; and the reproduction of a sound recording by incorporating it into a podcast. The law is well-settled only as to the first of these.
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