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Sunday, May 5, 2013

The Podcast Review


The digital age has yielded an abundance of informational content. The challenge is to filter out the noise to find the very best resources that the Internet has to offer. This week, we look at two podcasts that are critical to the entertainment business. Both podcasts deal with various aspects of intellectual property.


The first podcast is the Entertainment Law Update Podcast by Gordon P. Firemark. According to host, Firemark, the “podcast is by lawyers, for lawyers and others in the entertainment industry.” Do not let that tagline dissuade your interest. Firemark and his co-host, Tamara Bennett, do a fantastic job of keeping the various legal issues digestible for non-lawyers. Additionally, the podcast is very nicely produced.  The recording is professional, and the hosts are clear and articulate.

The episode that I will be reviewing today is Episode 9, which was selected because of its focus on copyright. This episode was over an hour and fourteen minutes in length. Although it is time consuming, it offered a competent analysis of legal issues in the entertainment industry.  Not only was the Entertainment Law Update Podcast informative, it was entertaining. Additionally, if you are an attorney in California, this podcast offers continuing legal education credit.

Among the numerous topics the hosts addressed was the single publication rule.  A California court ruled that a website is published when the site is first posted and subsequently updated or revised. This ruling changed how damages are awarded. Next was an update on the Jammie Thomas-Rasset Case, involving a reduced amount for damages in file sharing. The RIAA is fighting this lowered amount “to avoid the creation of a new standard for statutory damages.”

New topics for this episode included an intellectual property issue regarding the Olympics. The podcast touched on fair use of copyrighted material, citing the deadly luge accident video that immediately popped up online, and the DMCA takedown requests from the International Olympic Committee. The hosts discussed the complexities of fair use for news and controlling copyrighted material. Also noted is the tremendous effort that goes into protecting the Olympic intellectual property. A notable fact was that the United States Olympic Committee filed 176 trademark applications in Canada for the 2010 winter games.

The next podcast is from Yale Law School’s Information Society Project Speaker Series. While this podcast is less produced than the Entertainment Law Update Podcast, it still offers significant value. However, the low production value does cause noticeable distractions from an otherwise brilliant discussion on copyright. This podcast’s focus is more on the political aspects of law, rather than the application. This podcast is about 41 minutes in length.

Guest speaker William Patry, Senior Copyright Counsel at Google, addressed a needed change in copyright law. Patry’s resume is very impressive. Prior to his work at Google, Patry served as copyright counsel to the House of Representatives. Additionally he has authored numerous books on copyright. In this podcast, he leads the listener through a number of parallels from the financial collapse of 2008, stating that deregulating the financial industry created an environment that could only result in disaster.  The presenter speaks to the underlying concerns of copyright and the public good. Patry proposes that copyright in the correct amounts is good, but like medicine in the wrong amounts, it can kill.  Patry closes by saying “we do not need stronger copyright, we need effective copyright.”

These podcasts are two free resources that can provide value for anyone in the entertainment business.

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