It seems as though more and more people are becoming podcast hosts nowadays. The podcasting market is growing in popularity and success due to its versatility (i.e., there are podcasts on a wide variety of topics and genres) and accessibility (i.e., listeners can access them on-demand on their smart devices at any time and place). If you want to join in this trend, grab a hold of a microphone, and start recording yourself talking, you must first understand the intellectual property laws that come with starting your own podcast. With that being said, please read on to discover how a podcast is considered a piece of intellectual property and how a seasoned Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can help you align with these laws during your work.
How is my podcast considered a piece of intellectual property?
Outsiders often diminish the hard work it takes to become a podcast host. On the surface, it may seem as though all they have to do is sit down and have a conversation. But behind the scenes, they must carefully consider the intellectual property laws that go with producing a show. For one, copyright laws may protect the original creative content of a podcast as soon as it is fixed in a tangible form. Of course, this includes the audio of the recorded episodes. But also, this may entail the cover art of the podcast, the jingle played at the start of every episode, the show notes and script that direct the structure of each of your episodes, and more.
Secondly, trademark laws may be relevant here. After applying for this protection, you may successfully distinguish the brand identity of your podcast from others available for listening. This may cover your podcast’s name, logo, tagline, and catchphrases. Worth mentioning, you cannot trademark general words or phrases used here, but only trademark their use as a brand identifier for your podcast. What’s more, this protection may only apply to the podcasting market and may not stop third parties in other areas from using these words or phrases for their personal business activities.
How should I respect intellectual property laws with my podcast?
The same way you would not want other podcast hosts or third parties to use your podcast’s content for their own personal gain, you must be mindful of falling into this practice on your own show. For example, say that you have a conversation concerning a current events topic, and you wish to provide a clip of a relevant video or audio news segment as a clarifying reference. Well, you cannot copy and paste this segment into your episode without first obtaining the proper licenses or legal permissions from the third-party news organization that owns the intellectual property rights over it. Otherwise, in a worst-case scenario, you may find yourself up against a copyright or trademark infringement claim.
If you need help preparing for this upcoming legal process, turn to a competent Essex County, New Jersey intellectual property lawyer. We at The Ingber Law Firm have gone through this countless times before, and we are ready to go through it again to support you.