Protecting Your Podcast: Intellectual Property Issues Every Podcaster Should Know

Carolyn Wimbly Martin and Katherine Howard-Fudge

As podcasts continue to proliferate, the legal considerations are increasingly complex. Some podcasts are solo episodes, some have co-hosts and guests, some are produced by the podcaster, and some are produced by an agency. Some consist solely of audio, while others include accompanying video. To avoid cease and desist letters, infringement suits and takedown alerts, [...]

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Protecting Your Podcast: Licensing

Carolyn Wimbly Martin and Katherine Howard-Fudge

Licensing intellectual property is often a significant component of producing a podcast that incorporates material created by others, such as music, photographs or film clips. Most often a podcast’s third-party content should either be in the public domain (for example, once the copyright term has expired) or be authorized for use. If it is not [...]

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YouTube’s Age Verification Policy and The First Amendment

Carolyn Wimbly Martin and Katherine Howard-Fudge

Age-based content restrictions are not novel. Courts have held that restrictions imposed to protect minors can be constitutional, as states have the power to shield children from inappropriate material. One well-known example is the Motion Picture Association’s movie ratings based on the age of viewers (i.e., Rated R or PG-13). The modern age allowance dilemma [...]

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E-Recordation: Protecting Your Intellectual Property at the Border

Carolyn Wimbly Martin and Katherine Howard-Fudge

Counterfeit goods enter the United States each year in mass, posing health risks and undermining brand value. Recording your products with U.S. Customs and Border Protection (CBP) can offer valuable protection if they are vulnerable to foreign counterfeiting. CBP cannot seize or destroy counterfeit goods at the border without a registered trademark and recordation. Recordation [...]

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How to Protect Your Domain Name Using UDRP Proceedings

Jeannette Maurer Carmadella and Sara Etemad-Moghadam

The state of Maryland learned the hard way about the risks of not maintaining domain ownership. In order to appreciate the pickle the state got itself in, it’s necessary to understand the importance of separately protecting trademarks and domain names in order to ensure full brand protection.  Domain Names vs. Trademarks From 2012 to 2016, [...]

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Copyright and Photography: Exceptions and Special Cases

Carolyn Wimbly Martin and Charlotte Cuccia

This is the third Insight in a series addressing how photographers can exploit and protect their rights. Read the first post here, the second post here, the fourth post here, the fifth post here and the sixth post here. Previously, we have discussed high-profile, ongoing copyright cases that photographers should be aware of as well as best practices [...]

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