Saturday, March 17, 2012

1. Pete Prodoehl on Defending your rights to music without a law degree

When Pete Prodoehl's work was used without attribution, he fought to enforce his license and won. He didn't need any stinkin' attorney to do it either (nor even one with an agreeable aroma). Find out how Pete did it, and learn some tips that might help you enforce your license.

This is not legal advice.

Targeted show audience.
Lawyers: How to talk to non-lawyers.
Artists: How to enforce your rights without a lawyer; some resources to find free / cheap legal representation.

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 his photography here.

Show Tom and Doug did with Pete back in 2010

Pete has been using CC for ~7 years. He mostly uses BY-NC-SA, but he has experimented with other licenses.

Doug cites some laws:
17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]


Criminal offenses:

(c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

Volunteer Lawyers for the Arts (link is to NY Volunteer Lawyers for the Arts as an example. Many cities have their own)

Pete’s profile says how he likes you to attribute.

Nick asks Pete about Occonomowoc

How to get in touch: group and usernames:We don't have our own group, but the MM Podcast does. Doug is DouglasAWh and Nick is revnicklucre. usernames: Doug is and Nick is nrclark

feedback at (512) 686-6329 or on facebook.
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Doug is douglasawh on
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This show was recorded and edited using GNU/Linux.

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This is not legal advice. Leave audio feedback at (512) 686-6329.

Exit music is Quadruple A Battery by Pete Prodehl, Creative Commons Attribution license.