IP Rights and Infringement With Podcasts and Livestreaming
Copyright, Trademark, and Other IP Considerations When Creating or Producing Podcasts or Livestreams

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, December 12, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Ms. Bedat’s clients range from podcast and audiobook production companies to documentary filmmakers, TV producers and studios. She supports content creators from early deal-making stages through to development and distribution and as clearance counsel. Passionate about the audio industry, Ms. Bedat leads the Podcasts & Audio team at Klaris. She works closely with founders, heads of audio and producers across their slates, both in a business and legal affairs capacity. Her practice includes negotiating and drafting host deals, slate/first-look agreements, distribution and sales arrangements, IP development and adaptions and all forms of licensing and releases. She seeks to help content creators develop their IP responsibly and adapt to evolving technologies and emerging distribution models, always in the context of the unique collegial nature of the audio industry. Ms. Bedat is a regular speaker on trends and developments in the media & entertainment industries, with appearances in the US and abroad, including South by Southwest (SXSW), ARinAction, Rights Tech Summit, Digital Entertainment World, The Podcast Academy, The Podcast Show (London) and Paris Podcast Festival and guest spots on podcasts such as Podcasting Seriously, Velocity of Content, the Binge Factor and Shameless Acquisition Target. She is a member of several Media Law Resource Center Committees. Ms. Bedat is Co-Chair and founder of the newly launched Media Deals Committee, a resource for transactional colleagues from the media bar and entertainment executives.

Mr. Kwock litigates and counsels in commercial and IP litigation, with a focus on copyright, trademark, and complex commercial disputes, both in federal district court and appellate proceedings. He works closely with clients from various industries, including technology, consumer products, digital media, entertainment, games, software, cryptocurrency, and e-commerce. Mr. Kwock has significant experience defending and prosecuting trademark and copyright litigations in federal court as well as trademark disputes before the Trademark Trial and Appeal Board. In his work, Mr. Kwock frequently represents online service providers as well as content creators, often advising clients in building, policing, and enforcing their IP portfolios and litigating issues regarding the Digital Millennium Copyright Act and safe harbors, the Lanham Act, the Communications Decency Act, intermediary liability, and privacy and consumer protection laws.
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Mr. Osterberg represents copyright, trademark, and patent owners and users in traditional and emerging industries. His clients include software and video game companies; music, motion picture, and television companies; book publishers; composers and authors; advertising agencies; and clothing designers. Mr. Osterberg’s transactional experience includes negotiating and drafting trademark and copyright licenses; software licenses, including for SaaS; and vendor agreements, particularly with respect to software development. His practice includes preparation of trademark and copyright applications, trademark prosecution, opposition and cancellation in the USPTO, IP clearance and due diligence, evaluating IP, product liability, and advertising risks with respect to the launch of new products, and website terms of use and privacy policies. An experienced trial lawyer, Mr. Osterberg litigates cases in courts across the country on issues of concern to IP owners and users, including cases concerning trademark and trade dress infringement; international and domestic copyright infringement; patent and design patent infringement; trade secret disputes; breaches of licensing and entertainment industry contracts; counterfeiting; and false advertising. His commercial litigation experience includes representing businesses in contract disputes and representing vendors and purchasers in cases involving failed computer systems.
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.
Outline
- What is a podcast and how does it work?
- Protecting rights in podcasts
- Copyright
- Trademark
- Protecting rights in livestreaming
- Copyright
- Trademark
- Avoiding IP infringement
- Licenses, releases, and permissions (including Creative Commons licenses)
- Music in podcasts
- Fair use
- Trademarks
- 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?
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