I discovered the Creative Commons Podcasting Legal Guide today, which looks like a superb resource for educational podcasters as well as others.
Podcasting Legal Guide from Creative Commons
In his forward to the guide, Dr. Lawrence Lessig writes:

…my hope for this Guide (which in addition to copyright addresses publicity rights and trademark law) is that it will begin to make obvious what digital creators have been saying for some time – that it is time we update copyright law to the digital age. Something fantastic has changed: technology now invites the widest range of citizens to become speakers and creators. It is time that the law remove the unnecessary burdens that it imposes on this creativity.

We CAN be legally creative with potentially disruptive technology tools like blogs and podcasts. Resources like this guide as well as Creative Commons licensing are vital tools for these efforts. Students and teachers engaged in creating podcasts are always on safer legal ground if they create all the content included in their podcasts from scratch, but this is not required to legally podcast. As the following paragraph states in the guide’s overview:

When creating your own podcast, it is important to make sure all necessary rights and permissions are secured for the material included in your podcasts. This is relatively easy if you create all of the material that is included in your podcast but can become progressively more complex the more you include material created by other people. If you do not obtain the necessary rights and permissions, you may get into legal trouble for incorporating third party material into your podcast and for also authorizing others to use that material as part of your podcast.

Note the guide is also available as a downloadable PDF file. The top link is to the online wiki version.

For more on intellectual property rights and copyright issues relating to podcasting, refer to my podcast and reference links on this topic from November 3, 2006 at Beyond4Walls.


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