] No Derivative Works. Others may copy, distribute,
] display, and perform only verbatim copies of the work,
] not derivative works based upon it.

John Edwards has started podcasting. In theory you cannot make a derivative work from his podcasts. Of course, this is because he is afraid that you might take this audio and sample it in a political attack ad. This raises an interesting question: Is there any derivative work that you would want to make from a John Edwards podcast which would not constitute a fair use of the material. It seems that attack ads in particular would be protected speech.