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IP Rights and Infringement With Podcasts and Livestreaming

Copyright, Trademark, and Other IP Considerations When Creating or Producing Podcasts or Livestreams

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, December 12, 2023

Recorded event now available

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This CLE course will guide intellectual property counsel on the 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.

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 livestreaming events. As these numbers grow, so do the associated legal issues with creating, hosting, or producing a podcast or livestream.

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 livestreaming 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, or 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 livestream. However, fair use considerations may exist.

Both podcasts and livestreaming are excellent platforms 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 livestreaming. The panel will discuss protecting rights in podcasts and livestreaming. 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 livestreaming.

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Outline

  1. What is a podcast and how does it work?
  2. Protecting rights in podcasts
    1. Copyright
    2. Trademark
  3. Protecting rights in livestreaming
    1. Copyright
    2. Trademark
  4. Avoiding IP infringement
    1. Licenses, releases, and permissions (including Creative Commons licenses)
    2. Music in podcasts
    3. Fair use
    4. Trademarks
    5. Other IP considerations

Benefits

The panel will review these and other high profile questions:

  • What can podcasters do to prevent infringement of their IP rights in the podcast?
  • What steps should livestream creators and producers take to protect their IP rights in the livestream?
  • What are the best practices for podcasting and livestreaming to avoid infringing on the IP rights of others?

Faculty

Bedat, Alexia
Alexia Bedat

Partner
Klaris Law

Ms. Bedat’s clients range from podcast and audiobook production companies to documentary filmmakers, TV producers...  |  Read More

Kwock, Ryan
Ryan Kwock

Attorney
Fenwick & West

Mr. Kwock litigates and counsels in commercial and IP litigation, with a focus on copyright, trademark, and complex...  |  Read More

Osterberg, Eric
Eric Osterberg

Director
Preti, Flaherty, Beliveau & Pachios, Chartered

Mr. Osterberg represents copyright, trademark, and patent owners and users in traditional and emerging...  |  Read More

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