BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, July 14, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

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

Jennifer L. Barry
Partner
Latham & Watkins LLP

Ms. Barry has significant experience in all aspects of commercial intellectual property, including trademark prosecution and worldwide trademark portfolio management; trademark and trade dress infringement counseling and litigation; trademark licensing counseling and litigation; domain name portfolio management and recovery of domain names; and website/e-commerce counseling and litigation.

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Joe Wetzel
Partner
Latham & Watkins LLP

Mr. Wetzel is a first-chair trial lawyer who focuses on cutting-edge copyright and music licensing issues, representing clients from emerging companies to the biggest household names. For over 15 years, he has represented clients at the trial and appellate levels in a variety of complex litigation matters, including IP and media licensing, data privacy, trade secret, and false advertising cases. He has extensive experience with music copyright and class action litigation, and regularly counsels large and small clients on various copyright, trademark, and rate-setting antitrust matters, as well as other intellectual property issues associated with various forms of media.

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Sy Damle
Partner
Latham & Watkins LLP

Mr. Damle is one of the nation’s foremost practitioners in copyright law, with a particular focus on copyright rate-setting and software copyrights. His practice focuses his practice on high-stakes copyright litigation and regulatory matters. He served as General Counsel and Associate Register of Copyrights at the US Copyright Office, where he was responsible for the agency’s litigation, regulatory, and other legal work. While at the Copyright Office, he played a central role in every significant copyright case to reach the Supreme Court and led the first comprehensive regulatory revision effort in decades.

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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.

Outline

  1. What is a podcast and how does it work?
  2. Protecting rights in podcasts
    1. Copyright
    2. Trademark
  3. Protecting rights in live streaming
    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 live stream creators and producers take to protect their IP rights in the live stream?
  • What are the best practices for podcasting and live streaming to avoid infringing on the IP rights of others?