Defending the podcast

Inventions, literary and artistic works, designs, and marks, titles, and photographs used in trade are all examples of intellectual property (IP).

We as a society deal with a lot of intellectual property-protected goods and services. Multiple IP branches can be used to secure a single product or service. A phone, for example, is protected by design and patent law, as well as copyright and trademark law.

In this post, the author will discuss a few aspects of a podcast that are protected by intellectual property.

So, by the end of this article, you’ll know which of these aspects of your podcast are protected by copyright versus trademark.

  1. The title of the podcast.

The podcast name can be thought of as a brand name for the podcast, and it serves as a reminder to your listeners of the product’s origin. It would be protected under trademark law

e.g. The annum linktr.ee/theannum

The Black Academic Show https://podcasts.apple.com/za/podcast/the-blackademic-show/id1561337610

2. The logo

https://soundcloud.com/103241152

An organization’s emblem or other small design used to distinguish its goods, uniforms, equipment, and other items. Trademark law protects logos because they designate the source of the product or service.

3. Show notes

Show notes are a detailed written account of what happened during an episode, as well as additional tools that expand on the material. The copyright law protects text and scripts.

“Epsiode 11. Featuring Bandile Ngidi. On this episode I sit down with Bandile — an economist and philosophy guru. We discuss the so-called ‘middle’ class in South Africa and why many people say it doesn’t exist. We also speak about the intersection between race and class, and look at the fragility of economic standing.” — Nkosi Sikelela podcast

https://podcasts.apple.com/za/podcast/nkosi-sikelela/id1467509311?i=1000479572342

4. The podcast icon

That small square graphic that accompanies each podcast episode and serves as an identifier. Since it is a graphic design, it is protected by trademark law.

Conclusion

Obtaining copyright protection for a podcast is relatively easy. The work must be original, and it must be fixed in a tangible means of expression and it requires no formal registration save for cinematograph films. Obtaining a trademark is a little more tedious as it has to be registered with the CIPC for protection.

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