Saturday, June 30, 2012

Music Manumit Music Only Podcast - 120629

I Nanowar in concerto
I Nanowar in concerto (Photo credit: Votarxy)

mp3 audio | ogg audio

Tom's Picks
  1. "Stance Gives You Balance" by Hogan Grip (Post-Rock, Lo-fi) - CC-BY-NC-SA - Website
  2. "arriba" by reed blue & exteenager (Lo-fi, Alternative Hip-Hop) - CC-BY-NC-SA - Website
  3. "Jupiter The Blue" by gillicuddy (Rock, Folk, Indie-Rock) - CC-BY-NC - Website
  4. "Q" by Inara George (Indie-Rock, Lounge, Synth Pop) - CC-BY-NC-SA - Website
Doug's Picks
  1. "Blood of the Queens" by Nanowar (metal) - CC BY - Website 
  2. "RAP-sody" by Nanowar (hip-hop) - CC BY - Website 
  3. "Fight the Dragon for the Village" by Nanowar (metal) - CC BY-NC-SA - Website 
  4. "Number of the Bitch" by Nanowar (metal) - CC BY-NC-SA - Website 
  5. "Countrycycles of Steel" by Nanowar (country) - CC BY-NC-SA - Website 
  6. "True Metal of the World" by Nanowar (metal) - CC BY-NC-SA - Website

Monday, June 25, 2012

Nanowar - 120624 - Music Manumit Podcast

Nanowar of Steel

mp3 audio | ogg audio

In this episode:
We talk with the band Nanowar about well... everything they want to talk about. :)

Sunday, June 24, 2012

Bizarre/Silly Music Laws

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

There are a lot of sites out there that purport to list silly, anachronistic or otherwise bizarre laws. I thought I would compile some of them as they pertain to music and actually find citations for them. Never trust urban myths when it comes to the law! You might find yourself with a fine or in jail!


1) "New Hampshire law forbids you to tap your feet, nod your head, or in any way keep time to the music in a tavern, restaurant, or cafe." - Thanks to Rob Dillon for the research on this one. The way writes it is a little misleading. The statute is N.H. Rev. Stat. Ann. § 179:19 and states two important things 

On-premises licensees may provide entertainment and dancing, in clearly defined areas on their licensed premises, provided they have received written authorization by the town or city and they have provided the commission with a copy of that authorization.

 "Dancer'' means a person or a group of people who, with or without compensation, move their feet, or body, or both, to the accompaniment of music in a premises approved to sell alcoholic beverages. "Dancer'' shall not be construed to mean a person or group of individuals who perform dances based upon ethnic, cultural, or historical customs.

2) In Russell, Kansas, "Musical car horns are banned". This appears to come from 17-213 of Russell's code ( There are exceptions for parades and car horns are not explicitly ruled out. This seems to be a ban against loud music.
No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
If you look at the rest of the code, it's clear that there are no exceptions for musical car horns...but honestly, I don't see an exception for car horns at all.

The closest thing I felt I could find to this was
The pushcart shall not have attached to it any bell, siren, horn, loudspeaker, flashing lights or any similar device to attract the attention of possible customers, nor shall the pushcart operator use any such device to attract attention.

5) In Indian Wells, California, "it is illegal for a trumpet player to play his instrument with the intention of luring someone to a store." Luckily for me, this one came with a citation.
6) Supposedly, in Milwaukee, Wisconsin "it is against the law to play a flute and drums on the streets to attract attention." However, I searched the city ordinance website and didn't find anything. I find it hard to believe something like this would be handed down from a judge, but maybe there is a case out there dealing with nuisance law.


Saturday, June 23, 2012

Music Only - 120622 - Music Manumit Podcast

English: The Euro symbol (€) printed and in ha...
English: The Euro symbol (Photo credit: Wikipedia)

mp3 audio | ogg audio

Doug's Picks - Euro 2012 held in Poland and Ukraine
Check out my Euro 2012 coverage at SportAZine. I decided to go on hiatus to focus on this show, but if people want me to bring it back, I will!
  1. "Welsinsni Melodyi" by Hutzl Ukranian Ensemble (international) - CC BY-NC-SA - Website
  2. "I Remember Warsaw" by David Rovics (folk) - CC BY-NC-SA - Website
  3. "Warsaw" by Waxdoll (shoegaze) - CC BY-NC-SA - Website
  4. "Miłość i Szatan" by Adubter (dub) - CC BY-NC-SA - Website
  5. "Strona A: Wykopmy faszyzm ze stadionów (Let's kick fascism out of football)" by Anarchia Napalm (metal) - CC BY-NC-SA - Website
  6. "Warsaw" by Spooky Jesus Machine Jr. (instrumental electro) - CC BY-NC-SA - Website
Tom's Picks
  1. "11 strANGE Ls" by Mark Neil (Soundtrack) - CC-BY-NC-SA - Website
  2. "Behind The Seas" by Possimiste (Singer-Songwriter) - CC-BY-NC-SA - Website
  3. "Guns of Thunder" by Pierced Arrows (Rock) - CC-BY-NC-SA - Website
  4. "Nothing Much" by My Bubba & Mi (Pop, Folk) - CC-BY-NC-SA - Website

Tuesday, June 19, 2012

3. Glyn Moody on the Collision of Copyright, Patents and Technology

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

mp3 audio | ogg audio | flac audio |Unedited Video

On today's show we had tech journalist and open source advocate Glyn Moody on the show to talk about the collision of copyright law and technology. We also sprinkle in some patent discussion for good measure. More show notes after the break.

After much fighting with audacity (lack of disk space and just outright crashes), this is finally out. I apologize for the unedited show notes, but I thought it more important to move on and work on releasing our other shows than to edit the show notes. If anyone thinks the show notes are lacking, I can go back and fix them up.

Collision of technology and copyright. Was no collision at the beginning of computing.

Moral Rights is all about reputation, just like Internet celebrity.
9-year-old girl had a blog. local politicians shut down a 9-year-old girl.

Anonymity can be a problem. Anonymity detracts from message.

Patent or Copyright reform, which is more pressing?
Some discussion of ACTA & TTP.
Copyright law impinges on everyone and thus more important

India and China have dealt with the patent issue.

What do you think of the new DPL?
DPL doesn’t address patent trolls. Useful maybe for large companies that become troll-like.

Intellectual Ventures is one of the big ones.

GPL did something that had never been done before.
DPL is not revolutionary, it is a bandaid.

Back to Copyright vs. Patent
Copyright problem is an extension of term, Nick says.
Patent problem is different.
Patents are a problem of scale, Glyn says.

Drug patents might be different, but new *ideas* can still be accounted for in new system

Kickstarter vs. IndieGoGo - mostly the same, but some different legal minutia across the pond.

ACTA has brought attention to the problems of GEMA and other collection agencies.
GEMA is out of touch with reality.
moar copyright!?!??

What are some of your favorite artists, either CC or otherwise?
loves Spotify - embodies abundance
listens to a lot of classical. playlists from an entire composer! 4 days of a composer’s music
folk music & ethnic music - both on Spotify
playlists of 100 performances of the same work -- a new way to explore artistic expression

Bloomsday is today. Ulysses is liberated today!

Anything else you would like to say?
Copyright was boring 20 years ago! Not any more.
Civil rights and civil liberties are now tied up with copyright.

"Chopin's Funeral March" by Edison Concert Band (instrumental) - Public Domain - Website

Monday, June 18, 2012

Chapter 3 - Duration of Copyright (in the US)

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

A lot has been said about duration of copyright; most of it about how it inhibits free cultural expression (except from corporate propaganda machines like Disney). People get that copyright is used like a cultural water cannon, but most do not know the law. Today we hope to help with that.

First off, I want to apologize to people waiting for the edited version of the interview with Glyn Moody. I have had a lot of technical issues not worth going into here. I plan have it up tomorrow!

Chapter 3 of the US Copyright Act has five sections:

301: Preemption with Respect to Other Laws
302: Duration of Copyright: Works Created on or After January 1, 1978
303: Duration of Copyright: Works Created but Not Published or Copyrighted Before January 1, 1978
304: Duration of Copyright: Subsisting Copyrights
305: Duration of Copyright: Terminal Date

Below are some of the highlight:

301: Preemption with Respect to Other Laws

I already wrote a bit about the state laws that one might think would be preempted by the Copyright Act.

Sound recordings get special treatment all over the Copyright Act, including 301:

With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any State shall not be annulled or limited by this title until February 15, 2067.

302: Duration of Copyright: Works Created on or After January 1, 1978

The sections I selected here relating to death really deserve a read. It makes sense that something that is 280 pages long goes into excruciating detail, but because most people are scared of the law, they don't actually see the detail.

(d) Records Relating to Death of Authors.— Any person having an interest in a copyright may at any time record in the Copyright Office a statement of the date of death of the author of the copyrighted work, or a statement that the author is still living on a particular date. The statement shall identify the person filing it, the nature of that person’s interest, and the source of the information recorded, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe by regulation. The Register shall maintain current records of information relating to the death of authors of copyrighted works, based on such recorded statements and, to the extent the Register considers practicable, on data contained in any of the records of the Copyright Office or in other reference sources.
(e) Presumption as to Author’s Death.— After a period of 95 years from the year of first publication of a work, or a period of 120 years from the year of its creation, whichever expires first, any person who obtains from the Copyright Office a certified report that the records provided by subsection (d) disclose nothing to indicate that the author of the work is living, or died less than 70 years before, is entitled to the benefits of a presumption that the author has been dead for at least 70 years. Reliance in good faith upon this presumption shall be a complete defense to any action for infringement under this title.

303: Duration of Copyright: Works Created but Not Published or Copyrighted Before January 1, 1978

I've got to cry dumb on "if the work is published on or before December 31, 2002, the term of copyright shall not expire before December 31, 2047." I will try to look into this a bit more and post an update for anyone interested.

304: Duration of Copyright: Subsisting Copyrights

This is, I think, the beastliest part of Chapter 3. Like all statutes, it's important to look at the structure. This one is broken down into four sections:

a) Copyrights in Their First Term on January 1, 1978.
b) Copyrights in Their Renewal Term at the Time of the Effective Date of the Sonny Bono Copyright Term Extension Act.
c) Termination of Transfers and Licenses Covering Extended Renewal Term.
d) Termination Rights Provided in Subsection (c) Which Have Expired on or Before the Effective Date of the Sonny Bono Copyright Term Extension Act.

Most people reading this will likely not have created musical works before 1978. Recording music in 1978 required expensive equipment. People weren't doing silly things like making fake retro Freak Fandango Orchestra songs. However, people might want to re-appropriate something from 1972, like say this video from MC5, and thus it is important to understand copyright duration from that era.

The last two sections deal with termination, and that deserves a post all to itself on another day.

305: Duration of Copyright: Terminal Date

This one is pretty short.

All terms of copyright provided by sections 302 through 304 run to the end of the calendar year in which they would otherwise expire.
Yep, that's it.


Intellectual Property: Private Rights, The Public Interest, and the Regulation of Creative Activity: Second Edition.  Pages 237-39, 254-55, 1182.

YouTube Videos

1) The Public Domain is a disgrace to the forces of evil. The specific link in the last sentence is to the chapter on duration, but the whole piece is pretty good.
2) I have to say, I'm shocked that the comments have been disabled on this YouTube video. Pro-copyright though it may be, it's still a pretty good description of the law.
3) If you've watched the other two, this one is a little more even-handed than the other two, but again, it deals with all of copyright law, not just duration.

Explaining Copyright Term and Fair Use - I am sure to use a lot of her material throughout the summer.

Other Podcasts

The Surefire Way to End Online Piracy: End Copyright
Copyright Recapture - Mostly about Section 203, but I assume many people would think termination/recapture is a part of duration. According to the statute, it is not!
The U.S. Supreme Court’s Golan v. Holder Decision
- The case that really has to do with duration is Eldred v. Ashcroft, but since this decision relies heavily on Eldred, I thought I would list the podcast here.

Sunday, June 17, 2012

You Me Tree - 120617 - Music Manumit Podcast

You Me Tree

mp3 audio | ogg audio

In this episode:
We talk with Rob and Adam of the band You Me Tree.

Next week we talk with the band NanowaR.

Saturday, June 16, 2012

Music Only - 120616 - Music Manumit Podcast

Dpx-fm-radio (Photo credit: Wikipedia)

mp3 audio | ogg audio

Tom's Picks
  1. "Dance" by WE ARE FM (electronic, pop) - CC-BY-NC-SA - Website
  2. "Home with the Device" by Good Old Neon (Pop, Rock, Electronic) - Sampling+ - Website
  3. "Shangri-La (instrumental)" by YACHT (Electronic) - CC-NC-SA - Website
  4. "So Long, Sundays" by The Sun (Pop, Rock) - CC-BY-NC - Website
Doug's Picks - Happy Father's Day!
  1. "Boîte en bois" by Cucumis Fugex (clarinet) - CC BY-NC-SA - Website
  2. "Dad" by Eat Well Earl (pop punk) - CC BY-NC-SA - Website
  3. "Kentucky" by Cletus Got Shot (bluegrass) - CC BY-NC-SA - Website
  4. "Suite Pour M" by Jean Louis Hargous (instrumental) - CC BY-NC-SA - Website

Tuesday, June 12, 2012

CCHits - 120612 - Music Manumit Podcast

English: New Logo of the gnome's music player ...
English: New Logo of the gnome's music player Rhythmbox. (Photo credit: Wikipedia)

mp3 audio | ogg audio

In this episode:
We check in again with our friend Jon Spriggs of to see what's new.

Saturday, June 9, 2012

Music Only Podcast - 120608 - Music Manumit Podcast

Rock music badges 2
Rock music badges 2 (Photo credit: jovike)

mp3 audio | ogg audio

Doug's Picks - You Me Tree and more!
  1. "Run" by You Me Tree (rock) - CC BY-NC-SA - Website
  2. "Slideshow" by You Me Tree (rock) - CC BY-NC-SA - Website
  3. "Lights" by You Me Tree (rock) - CC BY-NC-SA - Website
  4. "Sand and Sea" by You Me Tree (rock) - CC BY-NC-SA - Website
  5. "Talk Shit Get Hit" by Sharkbite (hardcore) - CC BY-NC-SA - Website
  6. "Sadness" by Gurdonark (avant-garde) - CC BY  - Website 
Tom's Picks
  1. "Kopeika" by et_ (Post-Rock) - CC-BY-NC-SA - Website
  2. "Psychosomatic Heart Failure" by The Gasoline Brothers (rock, indie, pop) - CC-BY-NC-SA - Website
  3. "Soulhouse" by Nobody (indie, rock, pop) - CC-BY-NC-SA - Website
  4. "The Catbird Seat" by Welcome To Ashley (rock, indie, pop) - CC-BY-NC-SA - Website

Thursday, June 7, 2012

Original Machine - 120607 - Music Manumit Podcast

Original Machine Artist Management

mp3 audio | ogg audio

In this episode: 
We talk with Nicholas Young of the Artist Management firm Original Machine.

Wednesday, June 6, 2012

LIVE: Future of Audio

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

Congress is talking about the "Future of Audio" RIGHT NOW. This post obviously has a shelf-life, but I wanted to get the link out there. The EFF is tweeting live.

Saturday, June 2, 2012

Music Manumit Music Only Podcast - 120601

Barnaby Jones
Barnaby Jones (Photo credit: Wikipedia)

mp3 audio | ogg audio

Doug's Picks
  1. "اية الكرسي ورش" by yashan_11 (chant) - CC BY-NC-SA - Website 
  2. "Stupid Romeo, Stupid Julliette" by Certainty (thrashcore) - CC BY-NC-SA - Website
  3. "A Lesser Rate" by Cheap Girls (rock) - CC BY-NC-SA - Website 
  4. "Don't Forget to Remember" by Remainder (emocore) - CC BY-NC-SA - Website
  5. "One Voice Crew" by Soul Are (hardcore) - CC BY-NC-SA - Website
  6. "Hips-n-Nips (Otherwise I'm Not Eating)" by Barnaby Jones (hardcore) - CC BY-NC-SA - Website 
Tom's Picks
  1. "Demain je change de vie - INSTRUMENTAL VERSION" by Löhstana David (instrumental, folk) - CC-BY - Website
  2. "sea of something" by I am this (acousticguitar, electronic) - CC-sampling+ - Website
  3. "Ophelia's song" by musetta (lounge, jazz) - CC-BY - Website
  4. "Rumba Alemana" by El Perez (flamenco, guitar) - CC-BY - Website

Friday, June 1, 2012

Today is a Day for Reflection

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

This side of the Atlantic (and Pacific), there has been a lot of reflection recently due to Memorial Day. Both of my grandfathers were in the armed forces (though neither saw combat), but that isn't what this post is about.

All of my grades from my first year of law school came in today. I wouldn't say it was bad, but I wouldn't say it was good. I need to do better. My initial thought is that that means no Lawcast during the year. I (think I) can still pretty easily do MMP because Tom handles all the production stuff on that show.

The reason I am posting is to explain why there isn't a real post today (at least not yet!). I spent some time listening to the Life of a Law Student Evidence shows, since I plan on taking Evidence in the fall. Luckily, for those of you interested in copyrights and patents (probably those of you following, I plan on taking copyright and the first (of three) patent course in the fall. I also plan on taking Professional Responsibility and Criminal Procedure, neither of which have a lot to do with the Lawcast. Part of my reflection is and will be on how much time I'll spend on ethics stuff and criminal stuff, which aren't necessarily things that will interest those looking for information on Creative Commons music law.

I haven't run anything by Nick. There has been no decision. I just wanted to get people's thoughts on what the show means to people - or, more pointedly, what people think it *could* mean. We haven't gotten up a lot of content yet (it's just the first day of June in what I've always thought of as a summer project), but I'm just wondering if regular MMP listeners really see the potential. At the end of the summer I'll probably refer back to this post, but please post initial comments.