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Duke Podcasting Symposium, Day 2 
only 2 panels today, plus lunch and the keynote
live web feed has been fixed and archive will be available
podcast will be available
First panel: Law & Policy Panel Discussion
I'm looking forward to this one:)
- Jennifer Jenkins, Law School, Duke University
| | Podcasting and Copyright Law |
| | Why worry about copyright? |
| | Podcasters may want to use copyrighted material |
| | Podcasters have copyrights in their work |
| | Podcasters can influence public policy |
| | Exclusive rights in public performance and reproduction are implicated by podcasting |
| | For music rights, need to deal with artists rights and sound recording rights |
| | no copyrighted content, podsafe, fair use, license, DRM |
| | All have alevel of complication for an individual podacaster |
| | Historically, copyright licensing has been streamlined either legislatively or judicially to allow technology to use material |
| | For podcasters, this streamlining needs to be efficient, affordable, accounts character of use, and preserves fair use |
- JD Lasica, Co-founder and Executive Director, Ourmedia.org
| | Lots of blogs, podcasts, etc. An explosion of citizens media. |
| | Getting permission from entertainment companies to use their content is difficult, if not impossible |
| | don't break the law, change the law |
| | Ourmedia.org lets anyone upload and store your digital media forever. |
| | open source, open standards |
| | 40,000 media works, 500 new every day |
| | post curated by 80 volunterr moderators |
| | extensive fair use guidelines |
- Jason Schultz, Staff Attorney, Electronic Frontier Foundation
| | Fair use and the futre of padcasting |
| | difficult to define, a moving target. |
| | real hard for individual podcasters |
| | copyright is intended to promote progress, that is to promote tech innovation and cultural and creative production |
| | Distribution mechanisms are generally regulated, consumers are protected |
| | Fair use is one of the consumer protections |
| | some tools enable fair use and they are OK |
| | Non-commercial, artists, librarians, amatuer, personal |
| | a cultural shift is going on about what is fair use |
| | citizens are creating content, but are not commercial choke points for distribution |
| | how do we distinguish between fair use and infringement? It is getting harder due to tools like iPod. |
- Michael J. Huppe, Senior Vice President for Business & Legal Affairs and Deputy General Counsel, Recording Industry Association of America (RIAA)
| | Represents record companies, not artists or publishers |
| | tech advances of past few years represent a great opportunity and pose a great threat |
| | the issues are complicated, and things cannot change overnight |
| | RIAA is looking at licensing for podcasting |
| | only use content you have permission to use |
| | trying to protect rights of records labels, but not anti-fair use |
| | web radio has statutory licensing through SoundExchange, but podcasting is different. The stautory license is modeled on radio, but podcasting involves downloading, so it falls outside of statutory scheme |
- Q&A
| | it's all about fair use. Important to refer to cultural pieces. |
| | What is good about fuzzy fair use rule? |
| | a hard and fast rule would set a ceiling that would be problematic. Flexibility is good because it allows for good use to be fair. |
| | RIAA won Grokster, so why still suing people? |
| | Problem has not gone away. The win did raise awareness. |
| | How will this end up for podcasters? |
| | podcasts move to radio. There will be mainstream breakouts. Podcasting and broadcasting will come closer together. Some sort of licensing structure needs to be put in place. |
| | looking at history indicates that it will take time to hammer out licensing |
| | What is commerical and what is not? Is a podcast commercial? |
| | this is a hard question and influences what is fair use. |
| | Courts are asking Are you getting something for nothing that you would otherwise pay for? If so, it is a commercial use. |
| | What about international issues? |
| | IP issues are global, and are huge. |
Keynote, Wednesdays at the Center featuring Jonathan Sterne
"From Broad to Pod? Histories of Transmission for the Digital Age", Jonathan Sterne, Department of Art History & Communication Studies, McGill University
| | Podcasting as Boradcasting... |
| | Note: My laptop kicked into 'jet engine' mode, so I had to give the box a rest, Thus a gap in my notes, sorry. |
| | Do check out the archive of this talk it was very good |
Second Panel, Journalism & the Media Panel Discussion
- Sasha Norkin, Department of Journalism, Boston University
| | the rise of citizen journalism |
| | Big media sees citizens journalists as a great way to get free content |
| | More and more folks have access to digital media creation tools, blogging tools, etc. |
| | easy creation and easy access |
| | podcasting is become more immeadiate, but there is still a delay. For news you are going to listen now, not get a feed |
| | Interesting, call a toll free number and record a message, it then turns up on web. Looks like its newish |
| | Where do you find citizen journalists podcasts? |
- Kenneth Rogerson, DeWitt Wallace Center for Media & Democracy, Duke University
| | how is news defined these days? |
| | citizen journalism is not news for some folks |
| | new media is as broad and diverse as traditional media. So what makes new media 'new'? |
| | is it the distinctiveness of the source? |
| | Are bloggers journalists? |
| | new media helps get voices out, but still may not be heard. |
| | questions, questions, questions... |
| | students don't discriminate between news sources |
- Michele Hilmes, Department of Communication Arts, University of Wisconsin - Madison
| | podcasting is not radio because it is not live. |
| | Good matrix, I wish the slides were available. |
| | spatial presence | spatial absence |
| | temporal presence live - public address live telephone |
| | temporal absence recorded lip syncing recorded movies, podcasts |
| | early on, radio preferred live broadcast |
| | mark of quality, not for tech reasons but to uphold the business model. |
| | simultaneous production and reception |
| | streaming continuous transmission |
| | Web radio, satellite radio, podcasting all exhibit some aspects of liveness, but not all of them. |
- Tony Kahn , Special Correspondent & Alternate Anchor, The World
| | What about the podcasting revolution? Who knows, too soon to tell. |
| | Podcasting is still free of the pressures of making big money fast or living up to a brand |
| | a social game with simple tools and simple rules |
| | podcasting is a new neighborhood, only one year old |
| | relationship with podcast listeners tends to be fairly personal. podcasts are not a transmission, but the start of a conversation. |
| | NPR is slow to take up podcast as a way to create new content |
| | Use podcasts to get all of the sides of a story and use the podcasts to get real depth and understanding. |
- Q&A
All done now... 
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