Podcasters May Be Overlooking Huge Legal Risks in the Fine Print

Podcasters May Be Overlooking Huge Legal Risks in the Fine Print

INA says Infinity Broadcasting's KYOU Radio Shifts Legal Exposure to Content Providers

LOS ANGELES, May 10 /PRNewswire/ -- A legal task force at the International Nanocasting Association (INA) sounded an alert to its members today about legal exposure that may be unforeseen by podcasters moving into the commercial arena. The alert focuses on the fine print in the terms and conditions of use for podcasters submitting their audio programs for broadcast on Infinity's KYOU Radio, the world's first podcasting radio station.

According to Michael Leventhal, one of three attorneys on the INA's Nanocasting Legal Task Force, mixing mash ups, inexperienced content producers, a high profile broadcaster and corporate lawyers is a prescription for an expensive legal battle in which the content producer is most at risk.

Leventhal points to clauses in the agreement intended to protect Infinity Broadcasting and shift legal exposure to the content provider. Specifically referencing the indemnification clause, Leventhal described the terms as, "Many words that basically mean that if you do what you may not, and Infinity gets sued, you are on the hook -- legal fees, damages, the whole thing. That can easily be six figures. And Infinity can take control of its own defense," said Leventhal.

Leventhal, a Los Angeles entertainment and intellectual property lawyer who specializes in Cyberlaw pointed out that Infinity's terms are fairly standard. But typically, most people don't read the terms and conditions on sites like KYOURadio.com nor do they routinely seek legal counsel before participating. However, they are liable nonetheless and will typically find out that they are at risk only after they become embroiled in a legal conflict.

Evidence of this has already appeared. When Steve Dahl's podcast on KYOU radio was pulled by Infinity less than 30 days after launching the program, Dahl responded by publishing a message on his site which read, "As usual, I discover all of the things that you can't do after doing them first."

The INA's concern is that many podcasters making the move to commercial Nanocasting, may only discover their legal risks after the fact. "When you move beyond podcasting for fun and enter the commercial arena, the stakes and the risks go up. Going commercial with your eyes closed is pretty risky business," said Errol Smith, co-founder of the INA. "The Nanocasting Legal Task Force is one of the first initiatives of the INA and the first group set up to anticipate, monitor and report on the legal issues that arise as media entrepreneurs move from podcasting, to Nanocasting and beyond," said Smith.

INA members and subscribers receive reports, alerts and updates from the Nanocasting Legal Task Force as they are published.

To get a copy of the full alert or receive future reports from the Nanocasting Legal Task Force go to www.nanocasting.org and sign up for the newsletter.

For more information contact the International Nanocasting Alliance at info@nanocasting.org or call Jeannette Bernstein at 320-210-1857.

This release was issued on behalf of the above organization by Send2Press(TM), a unit of Neotrope(R). http://www.send2press.com/.

Source: International Nanocasting Alliance

CONTACT: Jeannette Bernstein of International Nanocasting Alliance,
+1-320-210-1857, info@nanocasting.org

Web site: http://www.send2press.com/

Web site: http://kyouradio.com/

Web site: http://www.nanocasting.org/

NOTE TO EDITORS: plain text copy of release http://www.Send2Press.com/mediadrome/2005-05-0510-003.txt

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