The Law and Podcasts

Although podcasts are entertaining to listen to, making one can prove arduous trying to ensure that all of the relevant laws have been abided by. “Some very serious legal issues must be considered when you embark upon podcasting,” Kaylim A. Islam says in his book *Podcasting 101 for Training and Development: Challenges, Opportunities, and Solutions* (27).

In the “Podcasting Legal Guide: Rules For The Revolution” it gives an overview of some of the legal issues podcasters are likely to deal with, “The main legal issues that you will likely face that are unique to podcasters are related to copyright, publicity rights and trademark issues,” (Mia Garlick, Colette Vogele, and The Berkman Center for Internet & Society. 1).

Any work that has been recorded in some shape, way or form falls under the copyright law. This is to protect the owner from having their work taken credit for because it falls under intellectual property. Copyright laws would deal more with any form of secondary research done.

Knowing these laws is especially significant to podcasters because they are more likely to unknowingly break them. A couple of these being: “copying the work to include it into a podcast; adapting or changing the work to include it into the podcast; making a work available as part of a podcast for transmission to members of the public; authorizing members of the public to make a copy of the podcast and use it according to the terms you apply to the podcast.” (Garlick, Vogele, and Berkman Center. 1).

Copyright also encompasses music, be it ten seconds to three minutes long you cannot just use it on a whim. “Even small samples of recorded music cannot be used without licences,” (Podcasting: the legal issues, out-law.com)

Publicity rights fall more along the lines of primary research. “It allows individuals to control how their voice, image or likeness is used for commercial purposes in public” (Garlick, Vogele, and Berkman Center. 2). If using this form of content in a podcast, release forms will need to be created and signed off on to protect the podcaster from being sued.

Lastly there is trademark law which works to ensure that people can rely on particular branding to [equal] certain product features (Garlick, Vogele, and Berkman Center. 2). This is to protect the listener/consumer from being tricked into thinking something about a brand this is not true. Having a name for a podcast that is the same as a famous brand, will have listeners thinking the two things are interconnected.

        Unless every aspect of podcast is completely original work created by the maker of that podcast, you will need to obtain the rights and permissions necessary for it (Islam 28).

Works Cited

Garlick, Mia., Vogele, Colette., and The Berkman Center for Internet & Society. “Podcasting Legal Guide: Rules For The Revolution.” *Creative Commons*. 2009. PDF

Islam. Kaliym. *Podcasting 101 for Training and Development: Challenges, Opportunities, and Solutions.* Hoboken: John Wiley & Sons, 2007. Print.

N.A. “Podcasting: the legal issues.” Out-Law.com. *Pinsent Masons LLP.* October 2008. Web. 18 November 2015