Legal Issues To Consider

Most of the following information was provided by Podcasting Legal Guide: Rules For The Revolution. See links.
When creating your own podcast it is relatively easy to make sure all necessary rights and permissions are secured if you create all of the material that is included in your podcast. If you choose to use material by other authors it becomes more complex.
Copyright law applies to podcasts because it applies to creative and expressive works. Copyright issues are going to be a huge part of what we plan to do with these educational podcasts. We will definitely need consent from the authors of our texts to create podcasts because I don't have enough personal education to make useful podcasts. I'm concerned that authors won't want to give their permission because they will probably want money or they will want to make the podcasts themselves. If we end up recording teacher's lectures it should be fine because teachers are usually more concerned with helping students learn than making money.
Publicity rights are relevant because people have the right to control how their voice, image or likeness is used for commercial purposes in public. If you plan to transmit anyone's voice or image, you should first obtain consent from that person.
Here's 5 instances that do not require permission:
1. You are using a fact, an idea, a theory or slogan, title or short phrase.
-This will be good for when I create a podcast because maybe I won't need the authors permission as long as I present the facts and information in my own way instead of reading straight from the book. The facts, ideas, and theories don't belong to the author, only the creative expression is protected by the law :)
2. You are using works that are in the public domain.
-This is difficult to understand and most likely won't apply to my purpose.
3. You are using a US government work.
4. You are making a "fair use."
5. You are using a creative commons-licensed or "podsafe" content.
-A.K.A. the work has been pre-cleared for use in podcasts.

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