Podcasting Legal Guide For Canada
This Guide is not intended to duplicate efforts by CIPPIC or EFF, and in many cases refers you to their resources that address crossover issues. Our goal is to complement their FAQs and address some of the standalone issues that are of primary relevance to podcasters in Canada.
!! 1.2 Canadian-Law Only This Guide covers only Canadian-based legal questions. Since podcasts are typically distributed worldwide, legal issues from other jurisdictions are relevant for you but we are unable to include them at this time.
!! 1.3 This Guide Does Not Provide Legal Advice This Guide provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to podcasting nor is it a substitute for legal advice.
Using this Guide does not create a solicitor-client relationship. This general legal information is provided on an “as-is” basis.
The authors and contributors make no warranties regarding the general legal information provided in this Guide, and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Please also note that this Guide attempts to provide an overview of how the law is likely to treat many of the issues that arise in relation to podcasting. At all times, you should bear in mind that this Guide does not advocate for how the law should treat podcasting.
It describes the current state of the law.
1.4 Licence & Attribution
The text of this Guide is licensed to you under the Creative Common’s Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
Please attribute this Guide as follows: “Podcasting Legal Guide for Canada, © 2007 Kathleen Simmons, Andy Kaplan-Myrth and Creative Commons Canada. This Guide was produced in the Law & Technology Program at the University of Ottawa.”
The next section, Section 2 – “Legal Issues In Creating Your Own Podcast 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003600370031000000 ” – of this Guide jumps right into some of the legal questions that you may need to think about when incorporating different types of material into your podcast.
Section 3 – “Copyright Issues 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003600330039000000 ” – discusses copyright issues that may arise in the creation of your podcast, including which copyrights are implicated in different uses of music in your podcast.
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Section <span style="mso-field-code: " REF _Ref169541698 \\r \\h "">4 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003600390038000000 – “Legal Issues Surrounding How You Distribute Your Podcast 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003700300039000000 ” – discusses options for how you can deal with the output of your own podcast, e.g., your licensing options for when you distribute your work.
Finally, Section 5 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003700320032000000 – “Background and Further Resources 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340031003700330032000000 ” – provides you with a list of further resources.
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2 <span style="mso-bookmark: _Toc170033690"><span style="mso-bookmark: _Ref169541555">Legal Issues In Creating Your Own Podcast When creating your own podcast, it is important to make sure all necessary rights and permissions are secured for the material included in your podcast.
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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.
!! 2.1 Overview Of The Legal Issues You Need To Consider The main legal issues that you will likely face that are unique to podcasters are related to copyright, publicity rights and trade-mark issues.
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Podcasters share similar concerns to bloggers in relation to defamation, privacy, reporter’s privilege, media access, election and labour laws, and adult or even obscene materials.
Consequently, if the content of your podcast is likely to involve one of these issues, you should check the corresponding section of the CIPPIC FAQ (http://www.cippic.ca/en/faq-resources/) or the EFF Bloggers FAQ. (http://www.eff.org/bloggers/lg/)
2.2 Why Is Copyright Law Relevant?
Copyright law is relevant to podcasts because it applies to creative and expressive works, which are most of the things that are likely to be included in a podcast.
This includes, for example, performances, scripts, interviews, musical works and sound recordings. Under current Canadian copyright law, copyright attaches automatically to original works once they have been “fixed”, i.e. written down or recorded.
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However, musical works may be protected even if unfixed.<span lang="EN-CA" style="font-size:10.0pt;mso-bidi-font-size: 12.0pt;font-family:"Times New Roman";mso-fareast-font-family:"Times New Roman"; mso-ansi-language:EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA; mso-bidi-font-weight:bold"> See Section <span style="mso-field-code: " REF _Ref167783602 \\r \\h "">3.7 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360037003700380033003600300032000000 – “Using Music 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360037003700380033003600300032000000 ” for further information.