Entries tagged as legal
In the early days of domain registration, it was possible to register the domain of a commercial company. Indeed, many did - for in the early days of the web, companies were slow off the mark to protect their intellectual property by registering there own company domain names. In those early days entrepreneurs made a great deal of money by selling the domain names to those companies who had been lethargic in their domain name registration.
Some will remember the legal cases that ensued where cyber squatters attempted - and in some cases where successful - in blackmailing companies for domain names they had registered. Of course, that was in the days prior to the legal framework and precedent which helps prevent this type of fraudulent activity. Today domain name registration is carefully monitored by leading institutions, so that if a domain name reflects an established company’s trademark there is legal recourse.
The same is not true for Podcast names, for as in the early days in the domain registration not registrative framework exists for naming. In order for companies to protect their ip they must ensure that a podcast reflecting their company name is represented in a leading podcast directory. This means that firstly a Podcast must be produced, and secondly the name must be claimed in the defacto largest podcast directory - right now that's iTunes. Having secured the podcast name on iTunes, that same name should be claimed on the plethora of other podcast directories such as:
Podcast Alley, Podnova, Podcast.net, Podblaze.com
Of course, producing one Podcast is not enough to maintain “ownership” of that Podcast's name. The very nature of the Podcast demands an continuous series of episodes to in much the same way as a radio show (or a newsletter those of you with a corporate background).
There is no doubt that as Podcasting matures - which given the anecdotal evidence within the market is now occurring - that a legislative framework will be introduced. It is those companies that have actively protected their brand by producing regular podcast content, that will undoubtedly have unjustifiable legal right to use that name.

iTunes is the leading Podcast directory
The same is not true for Podcast names, for as in the early days in the domain registration not registrative framework exists for naming. In order for companies to protect their ip they must ensure that a podcast reflecting their company name is represented in a leading podcast directory. This means that firstly a Podcast must be produced, and secondly the name must be claimed in the defacto largest podcast directory - right now that's iTunes. Having secured the podcast name on iTunes, that same name should be claimed on the plethora of other podcast directories such as:
Podcast Alley, Podnova, Podcast.net, Podblaze.com
Of course, producing one Podcast is not enough to maintain “ownership” of that Podcast's name. The very nature of the Podcast demands an continuous series of episodes to in much the same way as a radio show (or a newsletter those of you with a corporate background).
There is no doubt that as Podcasting matures - which given the anecdotal evidence within the market is now occurring - that a legislative framework will be introduced. It is those companies that have actively protected their brand by producing regular podcast content, that will undoubtedly have unjustifiable legal right to use that name.
Podcasting has faced a recent upheaval driven by legal issues. This is largely as a result of artists and their record labels and claiming copyright over their work, in particular for music “mixtapes” or radio style Podcasts.
Current challenges relate to larger corporations taking steps to protect their work from those distributing audio, labels or logos without proper consent. These laws are regulated by parties more familiar with traditional printed media, however these laws have become relevant for the internet community and more recently the growing Podcast community.
The most relevant law covers the redistribution of music without proper permission and / or royalties paid to the artist and or record company. This is a rapidly changing and grey area, for example PPL, a UK based royalty collection and distribution orgnaisation has recently signed a deal allowing members of RadioCentre, the organisation that represents commercial radio, to use 30 seconds of music per track, excluding voiceover, in downloads of their radio programmes.
Other suggestions for good practice include using voiceovers to obscure the first and last 10 seconds of the music track. So called “Podsafe” music is another growing concept, to help audio bloggers avoid penalties.
Within business Podcasts, the regulations are less strict – in part because a good Podcast does not require licensed music, instead professional “stings” or custom made music can be used to enhance the production. The most fundamental regulation comes in the form of correct permission to release and edit interviews and soundbites that form the Podcast content. A useful guide for Podcasters can be found on The Register.
If you are embarking on a Podcast production, much of what is distributed through radio channels cannot be reproduced as a Podcast without review by all parties involved - there is a very fine line to follow for what is legal and what’s illegal.
For more tips on the legal issues surrounding Podcast production keep tuned in to our blog. If you want to keep an eye on our blog without whiling away your day visiting the Podcast Production website, you can add our RSS feed to your favourite reader or you Google, Yahoo, MSN homepage using the link below.
Subscribe using your RSS reader
Current challenges relate to larger corporations taking steps to protect their work from those distributing audio, labels or logos without proper consent. These laws are regulated by parties more familiar with traditional printed media, however these laws have become relevant for the internet community and more recently the growing Podcast community.
The most relevant law covers the redistribution of music without proper permission and / or royalties paid to the artist and or record company. This is a rapidly changing and grey area, for example PPL, a UK based royalty collection and distribution orgnaisation has recently signed a deal allowing members of RadioCentre, the organisation that represents commercial radio, to use 30 seconds of music per track, excluding voiceover, in downloads of their radio programmes.
Other suggestions for good practice include using voiceovers to obscure the first and last 10 seconds of the music track. So called “Podsafe” music is another growing concept, to help audio bloggers avoid penalties.
Within business Podcasts, the regulations are less strict – in part because a good Podcast does not require licensed music, instead professional “stings” or custom made music can be used to enhance the production. The most fundamental regulation comes in the form of correct permission to release and edit interviews and soundbites that form the Podcast content. A useful guide for Podcasters can be found on The Register.
If you are embarking on a Podcast production, much of what is distributed through radio channels cannot be reproduced as a Podcast without review by all parties involved - there is a very fine line to follow for what is legal and what’s illegal.
For more tips on the legal issues surrounding Podcast production keep tuned in to our blog. If you want to keep an eye on our blog without whiling away your day visiting the Podcast Production website, you can add our RSS feed to your favourite reader or you Google, Yahoo, MSN homepage using the link below.
Subscribe using your RSS reader



