Friday, May 2, 2014

Trademark Basics 1: Intro to Trademarks

This is not legal advice. Leave audio feedback at (512) 686-6329. This show was edited using GNU/Linux.

Expected Audience: Law Students and those interested in trademark basics

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This is a joint work by Doug and Brian. Brian is on voice. Doug edited and typed. Technically speaking, I'm still on hiatus, though I do have a back catalog of shows that need editing. I may very well get those out the door in the next few days.

I'm not entirely sure what took me so long to get this out. Maybe was down when I tried to upload it back in January?

Originally, this was supposed to be a series. It still might be. The other planned articles in the trademark basics series were going to be What is a Trademark?, Ownership and Use, Loss of Trademark Rights, Infringement, False Designation of Origin, Advertising, Dilution and Remedies. I was also planning to cover Tax and Trademarks/Goodwill, Trademarks and Ethnic Music, and Access to Gray Market Goods at some point. If I get donations or even requests, I may end up completing the series. Donation information is both on the right and at the bottom of this article.

And for those of you that are deaf, and I know there is at least one likely to see this, in the future the series may be text. I've got to figure out financials before I think about continuing the series. However, as with everything, feedback will speed up the process!

Until next time!

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Not Quite an Episode

This is a rerun of the Music Manumit Podcast on July 7th, 2010. This was supposed to go out before Nick and I did the interview with Pete, but it didn't. Better late than never. And just in case you're curious, I'm still technically on hiatus.

Pete aka raster's logo

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From Music Manumit Podcast: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 the his photography here.

Pete tells us the story of how the media used one of his works, and the outcome of his pursuit to make them follow the CC license.

Thursday, April 10, 2014

Free Culture Baltimore and Baltimore/Maryland 2600

Expected Audience: Baltimorians, Marylanders and those from the surrounding area.

Image licensed under CC BY-SA

I'm still on hiatus, but this is related enough to my work at Hopkins that I should take the time to do it. This is only vaguely related to the law, but I'll be bringing my legal knowledge to both projects, so I feel like it is worth a share here.

I. Free Culture Baltimore is an organization I am starting to bring my local community of free culture thinkers together. The intent is to become a local chapter of the Free Culture Foundation. My last day in my current position at Hopkins is April 24th, and it has been clear for some time that there is not a go-to person here (other than me) for free culture issues. It is not that there aren't people at Hopkins that couldn't figure it out. In fact, the JHU School of Public Health decided to release some course materials under a CC BY-NC-SA before I was here. [I personally disagree with the -NC part of that decision, but they are following the example set by MIT and this is not really the place for a general post about OCW (though I'm happy to do a longer post if people are interested). If you want to look at some data about OCW, I encourage you to look at and contribute to the spreadsheet I have started.]

As with all of my projects, I try to be realistic and not take on too much. Considering my current list of projects (NEF, MEFSportazine, Music Manumit, OSP), I don't realistically see Free Culture Baltimore as becoming anything more than a mailing list. I certainly hope I'm wrong about that, but I will need strong participation from others. Part of my hesitance on predicting more for the organization is that I could find out in October that I am leaving Baltimore in July 2015. If I don't leave then, I almost certainly will in July 2016. I'm sure my move will be discussed on the show once I know where I are headed. I'll immediately start looking for free culture opportunities in the next city, and while their is a list of cities, I don't think it makes much sense to speculate right now (although, again, if people are interested, I'm happy to share).

I do want to take a moment to think big about Free Culture Baltimore, because very few people are going to be excited about a mailing list. I think almost everything I'd like to do is a local implementation of things I'd like to do with NEF, but since not everyone reading this will be familiar with NEF, it is worth mentioning some explicit goals:

1. Get more people using federated social media, such as mediagoblin, which is currently running a funding campaign.
2. Get more people using free software generally.
3. Help creators understand both in- and out-licensing.
4. Help creators with crowd-funding campaigns.
5. Help creators with live exhibitions, shows, talks or however one might present material in physical space.

To be a little more specific, it'd be great if we could get local institutions like the Peabody Conservatory and MICA to release more material under a Creative Commons license. Which institutions end up doing what, if anything, really depends on who ends up joining the organization. I'm new to the area, so my local connections are limited.

II. Maryland 2600, which appears to have also gone by the name 2600 Group Baltimore, seems to no longer exist. Their twitter and LiveJournal are no longer maintained and both the .org and .net websites no longer exists. Strictly speaking, this isn't a music project, but I'd really like to find some answers and I know a lot of our audience are tech people. Specifically, I'd like to know if the meetings still take place, because they are still listed in the quarterly meeting list. I tried to go last Friday, but I couldn't find any group at the Barnes & Noble that looked like a 2600 group. Of course, since I've never been to a meeting, I didn't really know what I sought. In case you're wondering what 2600 is, you should check out the global 2600 website. username: DouglasAWh. username: douglasawh
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Sunday, January 19, 2014

Lawcast Hiatus

I am currently looking for post-graduation employment. Writing various cover letters and such is going to take up much of the time I previously spent on Music Manumit Lawcast.

If something important comes up, I'll be sure to share it here, but until then, I am on hiatus.

This will NOT change the non-Lawcast Music Manumit output in any way.

----------------- username: DouglasAWh. username: douglasawh
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Friday, November 15, 2013

Other Legal Podcasts To Check Out

I was going to make this list for a professor at my law school and I decided, why not share it with the world?

Here are the law podcasts I currently listen to. If you want to know about the sports podcasts or tech podcasts I listen to, I made lists for those this past summer (they have changed a bit, but not a ton).


More policy than law, but close enough for this list, I think.

Whether you're a conservative or not, you have to understand that these shows have a conservative bias. That means if you're representing a client, you'll have to think through if what they are saying is actually the law or what conservatives want to be the law. The Federalist Society also has event podcasts, a faculty division podcast and a SCOTUS podcast. If I had time, I'd listen to those too, but I don't have time. In fact, there are a LOT of legal podcasts out there, but I just don't have time to listen to them all!


Actually, I just added this, so I don't have anything to say about it.

Finnegan is one of the largest IP law firms in the world.

This is half law podcast and half commercial for their clients. I've obviously got it in my feeds, but if you're only an occasional podcast listener, I'd suggest finding other feeds.

They probably don't want to be associated with "Intellectual Property," but the whole idea that IP isn't, well, property, seems to be based on some natural law definition of property. Humans invented property and we can make property rights out of whatever we want. Of course, I will have multiple graduate degrees once I finish law school, so maybe the whole philosophical idea of property sits better with me than the general public. From a political perspective, maybe disassociating IP from real property makes sense, but it still seems odd to me. Real property is not without limits. There are easements. There are rules against restricting alienation. If land were some easy thing with no "fair use" or "exhaustion" rights, then we wouldn't need to spend a whole semester on it in law school. There'd be a clinic for learning how to file deeds or something, and that would be it. Obviously, I'm on a soap box, so let me get off of it and say that this is a great show. It's less legal focused now that Karen is no longer at the SFLC and is at the GNOME Foundation, but it's still great and there's still a lot of great legal content.

There's probably not a lot I can say about the podcast without talking about the organization, so I'll just say check them out. They are a great organization.

This is part of TWiT. It probably needs no introduction.

Unfortunately, this is no longer active, but I've still got a ton of content to go through in my feed, so it makes the list for now.

Sports Law (it's true that this has little to do with Music Manumit, but might as well keep them all in one place)

Strictly speaking, this is not a sports law podcast. However, they do delve into sports law issues on occasion. It's worth keeping in your feed if you're interested in policy issues in the beautiful game.

This is great if you're interested in international governance. It's not so great if you're interested in US law.

It doesn't come out often enough for me to have a lot to say about them, but I have listened to every episode and I still have it in my feed, so that should tell you something. username: DouglasAWh. username: douglasawh
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Thursday, October 24, 2013

The Rest of this Semester, Next Semester, and Beyond

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

Expected Audience: Longtime Followers of the Blog

Well, it's the same title I gave over at Sportazine, but it's not the same content. Presumably, no one cares about TINT or Sports Law here.

The Rest of the Semester
There's about a month and a half left in the semester. I doubt Brian is going to get his trademark podcasts out. Unless I republish or rearrange my upcoming Sports Law and IP post from Sportazine, I doubt I'll be getting up anything else this semester. My courses are Patent Practice, Sports Law, Administrative Procedure, Technology Licensing, Writing for Practice and an Independent Study getting NEF up and running. Now, maybe there's something about copyright licensing from Tech Licensing or maybe there's something somewhere else, but there's nothing obvious. The Copyright Office is part of the Library of Congress, so it's not an executive agency. It's not really worth getting into, but basically I don't know that there's a lot. Now, the PTO handles trademarks and maybe there's something there, but at the end of the day, I probably just don't have time. Aside from classes and the NEF sites, I'm also working on a compilation with blocSonic and Living Libre, which will be out in December.

Next Semester
This is the main reason for me writing. The announcement is that I’ll be living in Baltimore and externing at Johns Hopkins University next semester in their Tech Transfer department. 
I don’t know what that means yet for the Lawcast. I don’t know what I’ll be at liberty to say due to attorney-client privilege, but I’ll bring as much to you as I can. I do know they are interested in having me do some copyright work, so there might be something I can bring to the blog. For now, don't expect anything next semester.

At this point, there's not much to say about beyond. For OSP and Sportazine, I can assume that once I get a job, output will be much like things were before going to law school. However, the Lawcast did not exist until midway through 1L year, so there's no precedent. Of course, I now have other people contributing to OSP and Sportazine, which was not the case before law school. There's still no one else really contributing to the Lawcast, though certainly Nick and Brian have in the past. My hope is that I get someone to write regularly on the Lawcast. If you think that person could be you, please let me know!

Get in Touch username: DouglasAWh. username: douglasawh
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Monday, August 19, 2013

12. What's Jazz Got To Do With It?


This is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux.

Expected Audience: People interested in Jazz and the Law

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This week on the Lawcast we have something a little bit different. If you want to hear more from Robert, check out The Jazzcast After Party or you can check out when Tom and I had him on the main Music Manumit show. Thanks, as always on the Jazzcast, to Ryno for twiddling the knobs!

The reason it took so long to get this out is that I had to go back and put in some of the tracks because one of the channels dropped out late in the show. I didn't go back and fix the audio when Robert and I were talking because I thought it would take too long, but I didn't think it was fair to the musicians for you not to hear both of their channels, in case they had anything recorded in stereo.

I regret not getting this out sooner, because I think this might be the format of the future. We'll see if I am even able to do the Lawcast next summer. Brian and I discussed a bit about the future of the Lawcast on the last episode, but I go into a bit more detail in the most recent article.