IP Rights and Infringement With Podcasts and Live Streaming

Description

Over half of the U.S. population has listened to a podcast. There are many options with over one million podcasts and 30+ million episodes from which to choose. Similarly, there has been a significant jump in the number of people watching live streaming events as a result of COVID-19. As these numbers grow, so do the associated legal issues with creating, hosting or producing a podcast or live stream.

Copyright will protect the tangible expression of original content in a podcast. Creators of podcasts should seek protection for each podcast episode. This is particularly important if the podcast creator has any intentions of shifting the podcast content to another format, such as a book. Further, trademarks may provide protection for the names of podcasts or live streaming events, and searching and clearance to ensure the logo, name or phrase is not too similar to another mark are essential steps to properly create, enforce and defend those rights.

In podcasts and live streaming, many of the IP issues come from including any third-party material, such as a logo, a song, clips from interviewing people without the proper releases in place. Any use of copyrighted material without permission may be copyright infringement, regardless of whether it is use of a snippet or the entire song. The copyright owner has the exclusive right to reproduce and distribute a copyrighted work. Any of these rights could be infringed in a podcast or by a live stream. However, fair use considerations may exist.

Both podcasts and live streaming are an excellent platform to communicate information or provide entertainment, but both can be potential traps for IP related issues. Creators, producers and their counsel should seek to secure IP rights or avoid infringement of the IP rights of others.

Listen as our authoritative panel of IP attorneys examines IP issues that arise in podcasts and live streaming. The panel will discuss protecting rights in podcasts and live streaming. The panel will also examine the steps to take to minimize the likelihood of infringing upon the IP rights of others when creating and producing podcasts and live streaming.