You can register the copyright in your podcast as a basic claim using the Copyright Office’s online registration system or using a paper application form available from the Copyright Office’s website. Online registration is less expensive and has a faster processing time. Your podcast potentially consists of two separate copyrightable elements.
Why your podcast needs a trademark?
- Your logo might be a trademark if it identifies your brand as the source of goods or services.
- You might have catchphrases you want to trademark.
- Maybe you’re starting a podcast network, and each show has its own name…
How to legally protect your podcast?
When considering a podcast, your rights may be infringed when:
- others share the podcast on their website;
- someone downloads the podcast from your website;
- someone copies your podcast’s script and creates their own podcast; or
- your podcast is played in public at, for example, a cafe.
How to unsubscribe to a podcast?
- Launch the Podcasts App.
- Go to Library.
- Tap on Shows to see all the podcasts that you are subscribed to.
- Select the Podcast you want to unsubscribe from.
- Tap the three dots.
- Tap Unsubscribe.
- There will not be a confirmation that you unsubscribed. However, you will see a Subscribe button that wasn't there before. ...
Are podcast copyright protected?
Your podcast potentially consists of two separate copyrightable elements. There is a copyright in the recording and a copyright in the underlying material (assuming the underlying material qualifies for copyright protection). For example, suppose you write and develop a seminar on woodworking and then record a podcast featuring that seminar.
Do I need a copyright for my podcast?
Using any portion of copyrighted material for a podcast without permission may be copyright infringement if an exception or limitation on the copyright owner's rights does not apply. Fair use is one such limitation and discussed further below. It would be wise to secure the rights before using any copyrighted material.
Are podcasts automatically copyrighted?
U.S. copyright law protects both published and unpublished works, so your work is technically copyrighted from the second you make it “fixed in a tangible medium.” In podcasting's case, this means as soon as you've written a script or recorded an episode.
Do I own my podcast?
Your unique podcast feed is Intellectual Property. By keeping that under your own Web domain (example.com) it remains under your ownership.
Do I need an LLC for my podcast?
Is an LLC good for a podcasting business? Yes. An LLC will give you personal liability protection against potential business risks as well as give your podcasting business more tax options and credibility. It is relatively inexpensive and simple to form and maintain an LLC.
Does my podcast need a disclaimer?
You have likely heard disclaimers similar to these on podcasts, in books and other mediums but a disclaimer that is specific to your show is important to protect you as the owner.
How much does it cost to trademark a podcast name?
Registering your trademark can cost between $225 to $600, depending on the specific requirements for your entity. Attorney fees can vary depending on the lawyer or law firm you decide to hire. Attorney fees can be charged hourly or at a fixed rate.
How do I register a podcast?
Go to the website of any domain registrar — you can simply search online for "domain registrar" if you don't already have one in mind. Enter your podcast name in the registrar's search bar to see if you can register the domain. If your podcast name is more than 2 or 3 words, you might also try a shortened version.
What is a copyright notice for podcast?
A copyright notice is a short line of text that lets the public know that your work is protected by copyright law and is not to be copied. These copyright notices are widely used and can be found all over, from websites and blogs, to films and music.
Can I legally Read a book on a podcast?
For example, if you take a Creative Commons licensed book and read it aloud as part of your podcast, your podcast must then be licensed under a Creative Commons license that contains the same license elements (such as Attribution, ShareAlike etc.)
Do podcasts pay taxes?
of TaxDebtHelp.com said, “Podcasters who are filing their taxes have deductible expenses just like other businesses.” In addition to the aforementioned deductions he added, “If the podcaster works from home and uses a room solely and regularly for business, they can take a home office deduction.
Do I need a business bank account for my podcast?
If your podcast is starting to make some significant revenue, you will want to have a dedicated business bank account for that income.
What should you not do in a podcast?
If you're thinking of starting a podcast, here are a few mistakes I'd recommend avoiding:Spending too much money. ... Believing LibSyn is the only hosting option. ... Not respecting your niche. ... Not using a subtitle. ... Not actively collaborating with other podcasting hosts. ... Having unrealistic expectations. ... Inconsistency.
Are podcast names copyrighted?
In the U.S., you do gain certain legal rights just from using your brand name in public (these are referred to as “Common Law Trademark Rights”). So just because you haven't registered your podcast name with the USPTO doesn't mean you have no legal recourse if someone rips off your podcast name.
Can I legally Read a book on a podcast?
For example, if you take a Creative Commons licensed book and read it aloud as part of your podcast, your podcast must then be licensed under a Creative Commons license that contains the same license elements (such as Attribution, ShareAlike etc.)
Can I play copyrighted music on a podcast?
Yes! It's legal to play copyrighted music on a podcast so long as you've cleared the rights or are following Fair use.
What is a copyright notice for podcast?
A copyright notice is a short line of text that lets the public know that your work is protected by copyright law and is not to be copied. These copyright notices are widely used and can be found all over, from websites and blogs, to films and music.
What is a comment on Ted Bundy?
A “comment” example would be a true crime podcast about Ted Bundy where the podcaster used interview sound bites. Even though the Ted Bundy interview is most likely protected with a copyright, the podcaster could possibly use sound bites to provide commentary regarding the interview.
What is copyright in podcasting?
What Is a Copyright? Copyright laws are an incredibly important legal issue to the world of podcasting. Copyright laws prevent others from stealing your podcast content, and it also controls what sound bites and music you can put on your podcast. So what is a copyright?
What is the copyright act?
The United States Copyright Act states that the copyright laws protect tangible expressions of ideas. Meaning, if someone takes their idea for a podcast, book, song, movie, or painting and records it, writes it, performs it, or draws it, then that expression is protected under a copyright. Copyright laws protect “works,” so think forms ...
What is a movie review podcast?
The movie review podcast could use the sound clip to criticize the movie even though another party owns the copyright to the movie. A parody example would be taking sound clips from songs, TV shows, or movies and using them as out of context for comic relief.
How to determine fair use?
Unfortunately, there is no bright line rule to determine if someone’s use is fair use. There are factors courts consider to determine fair use, which includes: 1 the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes, 2 the nature of the copyrighted work, such as whether the work is fiction or non-fiction, published or unpublished, 3 the amount of the work used in relation to the copyrighted work as a whole, such as using a poem in its entirety, or using one chapter from a long book, and 4 the effect of the use upon the potential market for the copyrighted work.
What is the purpose of copyright?
The purpose of copyrights is to award creators for disseminating their ideas to the public by protecting the expressions of their ideas. The law rewards your creativity by protecting it, and once you are the copyright owner and holder, you have the exclusive right to use the original work.
Is reading a phone book on a podcast copyrighted?
Reading a phone book on a podcast would not be protected, and it may even be copyright infringement. However, reading information from a phone book in a different order would be protected. The fixation requirement transforms an original idea into a legally protected copyrighted work.
What is an injunction?
Injunctions. An injunction is a legal order that restrains someone from invading the legal right of another. You may apply to the court for an injunction to force someone to take down your copyright-protected content. This could also restrain that party from infringing your copyright in the future.
What is copyright law?
Copyright law grants an owner the exclusive right to use their original work in any way they wish. The exclusive rights vary depending on the type of material. Common rights include the right to: reproduce; communicate; and. publicly perform the work. When considering a podcast, your rights may be infringed when:
What happens if you infringe copyright?
If the infringer is held to have infringed your copyright, a court may order the party to pay you any profits that they received as a result of the infringement.
How to protect copyright on podcast?
To protect your copyright, you should first determine what type of material you are seeking to protect. You also need to know who owns the copyright to that material. Then, you can take appropriate steps to ensure that others do not misuse it. This article will explain how to protect the copyright of your podcast.
What to do if your podcast is infringed?
If your work is infringed, you can take legal action to enforce your rights. If you have any questions about your intellectual property rights or need assistance protecting your podcast, contact LegalVision’s IP lawyers on 1300 544 755 or fill out the form on this page. Webinars.
What to do if someone infringes your material?
If you find that someone is infringing your material, you should send a cease and desist letter to the infringer. The letter should set out your rights and demand that the infringing party makes certain steps to stop the infringing conduct.
Is a podcast copyrighted?
A podcast will consist of several elements that copyright automatically protects, including a sound recording and a written script. The copyright protection will attach to each component independently, meaning the script of a podcast is protected separately from the audio recording itself. Unlike other forms of intellectual property, copyright ...
How to get copyright for podcast?
Submit Your Application Electronically or On a Paper Form. You can register the copyright in your podcast as a basic claim using the Copyright Office’s online registration system or using a paper application form available from the Copyright Office’s website. Online registration is less expensive and has a faster processing time.
Is a podcast copyrighted?
Your podcast potentially consists of two separate copyrightable elements. There is a copyright in the recording and a copyright in the underlying material (assuming the underlying material qualifies for copyright protection). For example, suppose you write and develop a seminar on woodworking and then record a podcast featuring that seminar.
Is a seminar copyrighted?
There is a copyright in the seminar content you developed. There is also a separate copyright in the podcast recording of the seminar. If you are the producer of the podcast but did not create the underlying content, claim ownership only in the sound recording.
Can you claim ownership of a sound recording?
If you are also the owner of the underlying material, you may claim ownership in both the sound recording and the underlying material. By registering the underlying work and sound recording together in one application, you pay one filing fee instead of two.
What to do if you aren't paying for a product?
Monetizing your show (often having no obligation to share any of the proceeds with you) Creating different versions of or making changes to your show. Most importantly, be very cautious working with vendors who claim to help for “free.”. Remember: If you aren’t paying for a product, you probably are the product.
How to make sure your logo is not taken?
First, search domain names on Google and USPTO TESS (Trademark Electronic Search System) to make sure your logo and name aren’t already taken. Then, all you have to do is register your name and logo with the USPTO to make sure nobody else can use that name.
What to do if someone is using your content without your consent?
Protect your content. If you find out somebody is using your content without your consent, tell them to stop as soon as possible, or they may simply assume you’re OK with it. You may enlist the help of a lawyer if you’re uncomfortable with confronting the person, or if they refuse to stop. Create a trademark.
How long does copyright last?
The law lasts for at least as long as the creator’s life, plus an additional number of years, depending on other specific rules and guidelines. Once the copyright expires, works then become part of the public domain and can be used by anyone for free, without the author’s permission.
Who is Jeanine Percival Wright?
Jeanine is Simplecast's COO & CLO. She's an executive & lawyer that has worked w/and invested in startup and growth companies for 10+ years. She lives in LA, but loves to travel. More posts by Jeanine Percival Wright.
Can you park your car in a garage?
Understandably, you probably don’t want to park it on the street. A “friend” says that he will allow you to park your car in his garage “for free” in exchange for him having the rights to use it, alter it and monetize it. You decide to do it because you don’t want to pay the upfront costs of another garage.
Can you have someone else help you with your content?
If you pay to have someone else help you with your content (or help you distribute it, like your hosting company), make sure to thoroughly read over your agreement, including the fine print . Similar to social media, you may technically still have ownership over your content, but vendors may be able to take certain licensing rights without your consent including:
How long can you use copyrighted audio?
The first myth is that it’s okay to use copyrighted material (such as music, sounds, or other audio recordings) as long as you use 30 seconds or less. This rule does not exist. Using any portion of copyrighted material for a podcast without permission may be copyright infringement if an exception or limitation on the copyright owner’s rights does not apply. Fair use is one such limitation and discussed further below. It would be wise to secure the rights before using any copyrighted material.
What is the last copyright myth?
The last copyright infringement myth states if you are not making profit from your podcast you have carte blanch to use copyrighted materials in your podcast. Like the others, this myth is also false. Just because a use is not for profit does not automatically mean the use is non-infringing.
What happens if Creator A sued Creator B?
If Creator A sued Creator B for infringing her true crime podcast by using a similar story-interview format or for covering the same crime, Creator A would lose because the story-interview format is an unprotectable method and the crime itself is a fact that is also not protected by copyright.
What happens if Creator B copies a podcast episode?
Knowing this, let’s revisit the true crime podcast scenario: If Creator B copies one of Creator A’s podcast episodes, or portion of an episode, the use could be infringing. This is because Creator B is not simply copying the idea for a true crime podcast as she was in the first scenario.
What is fair use?
Fair use is an affirmative defense that can be raised in response to a claim of copyright infringement. The fair use defense permits a party to use copyrighted works for a variety of purposes, including criticism, comment, news reporting, teaching, scholarship, or research depending on the outcome of a four factor test set forth in the Copyright Act. Because fair use is dependent on the analysis of these four factors, fair use defenses will always be evaluated on a case-by-case basis. The four fair use factors are:
How to determine the length of copyright protection?
To determine the length of copyright protection for a particular work, be sure to consult Chapter 3 of the Copyright Act. The owner of the copyright failed to follow renewal rules. This only applies to works created prior to 1978. For works created on or after January 1, 1978 there is no renewal requirement.
How long does copyright last?
For anonymous works, pseudonymous works, and works made for hire, the copyright lasts for a term of 95 years from the year of first publication or 120 years from the year of creation, whichever expires first. For works created prior to 1978, the term depends on several factors.
What happens if you don't use copyright?
If not, you may be violating copyright laws. Copyright infringement is when you use someone else's copyrighted work without permission, and when no other exceptions would allow you to use the copyrighted work.
What are the components of a podcast?
There are many components that come together to create a good podcast episode: research, guest interviews, sound mixing and, sometimes, music to en rich the talk track.
Can you use audio on podcasts that you don't own?
All audio that you don’t own— not just music—needs to be approved for your specific use. If not, and you’re found to be in violation, your podcast content may get flagged by rights holders or subjected to a takedown. Nobody wants that. And this copyright protection applies to your audio, too.
Is Spotify copyrighted?
The music tracks are licensed by Spotify, which pays music creators as if they were normal streams on our music service. Depending on where you are, there may be laws that allow you to use copyrighted materials without a license in certain situations. For example, in the US, the concept of “fair use” may protect certain uses such as “criticism, ...
What is the biggest place podcasts are consumed?
The biggest place podcasts are consumed, by far, is Apple/iTunes. Then, in distant second, but still with a large listener-base, is Spotify. Both directories are music distribution services too. That means they are wary of anyone playing copyrighted music on a podcast on their platform.
What is fair use in podcasts?
Fair use is a defence you can use if you get in bother for playing copyrighted music in a podcast. It also seems to differ a little, depending on what country you're in. Where a fair use defence might stand up, is if you play a segment of a song for educational, criticism, or commentary purposes. It's much less likely to be valid ...
Is it legal to play music on podcasts?
There are loads of different ways to get quality music that's totally legal to play on your show. There's free tracks you can use under a Creative Commons license, and you can buy the rights to use Royalty Free music too. Here are our favourite options for finding podcast music that are safe and legal to use.
Can you play a CD in public?
If you still own a CD, take a look at the small print on the sleeve. I guarantee there'll be something around how you can't play it “ in public”. Bottom line is, without an additional license, you wouldn't be allowed to play it in a small shop, let alone stick it on a podcast episode.
Do You Have to File Right away?
- It’s always better to play things safe rather than sorry. If you want the full legal protection for the work you’re doing, then file. But it’s not an official requirement. You’ll receive basic copyright protection without registering right away.
So What Exactly Do Copyrights Cover?
- Copyrights cover your unique take on a subject; they don’t cover the subject itself. For example, you can’t trademark the idea of “healthy eating.” Even if you make it more specific, say “paleo recipes for women in their 20s,” you can’t claim ownership of an idea. The only thing a copyright claims is your unique way of conveying that idea. Your copyright ensures that no one can lift clip…
A Quick Note on Trademarks
- Trademarks, on the other hand, should be filed before you put your podcast out into the world. It might seem excessive and expensive, but if you have any plans for your podcast being a long-term project, then it’s highly advisable. There are all the legal reasons for filing a trademark, but there are creative aspects, too. You don’t want to name your podcast, start recording, and then decide …
Ready to file?
- For more in-depth details of the application and filing process, visit the U.S. Copyright Office. And if you have additional legal questions that aren’t answered by the Copyright office, be sure to consult a lawyer.
What Is Copyright Anyway?
Posting on Social Media Platforms
- Publishing your podcasts on social media is an easy way to attract an audience, but this free advertising can come with a hidden price: while you still technically own your content, most social media platforms have broad license rights that allow them to use your content for any reason they’d like. Most can even give these rights to others for free...
Working with Vendors
- If you pay to have someone else help you with your content (or help you distribute it, like your hosting company), make sure to thoroughly read over your agreement, including the fine print. Similar to social media, you may technically still have ownership over your content, but vendors may be able to take certain licensing rights without your consent including: 1. Distributing your s…
Sponsorships and Brand Deals
- It’s exciting to be paid to create something, but sometimes sponsors will expect that they will have ownership over any content you produce for them. Be sure to read over your agreement and take the time to answer the following questions before participating in a brand deal: 1. Who will own the podcast? 2. How broad is your license to use their products? 3. How broad is their license to …
Other Ownership Issues
- When you’re creating your podcast, you also have to be cautious about the materials of others you reference or use. Using other people’s music, sharing someone else’s content, or having a co-host or producer who helps you with your show can cause some serious problems if you don’t tread carefully. Here are some general tips to prevent you from accidentally using content without per…