Speaker 1: Should your podcast be copyrighted? Today we're talking about this question to copyright your podcast. It's a question every podcaster faces, but do you know what it really means? Well, today we're going to peel back the layers on this question, copyright law, and what it is, why it exists, and whether it's something you should be considering for your podcast, from the constitutional basis to the step-by-step process of registering your work. We've got you covered, so stay tuned as we dive deep into the pros and cons of copyright for your podca- Whoops, we got some weird glitchiness going on. Anyway, should you copyright your podcast? This episode of podcast, Legit Podcast Pro, we explore the ins and outs of copyright law as it relates to your show, learning about the constitutional basis, the automatic protections you already have, and the advantages and potential drawbacks of officially registering your content, but also we'll walk you through the process and how you properly place copyright notice on your episodes. This episode is packed with essential insights for podcasters at any stage, but before we go there, I want to invite you to head over to podcastlawforms.com to access all the podcast lawyer-drafted general legal forms and templates that you need to protect your podcast. So, hey everybody, welcome back. I'm Gordon Firemark, the podcast lawyer, and today we're diving into one of the most critical aspects of podcasting that often gets overlooked, copyright. If you are a podcaster, you have probably wondered at some point whether you should copyright your work and before you make that decision, you really need to understand what copyright really means, why it exists, and what the benefits or drawbacks it might have for your podcast. But first, make sure to subscribe to the show and visit that podcastlawforms.com and get all the legal forms and templates. Alright, let's get into the nitty-gritty of your copyright. So, first off, what is copyright? Well, at its core, copyright is a legal framework that gives creators exclusive rights over their original works. This includes the right to reproduce, distribute, perform, and display the work, as well as the right to make derivative works that are based on it. Copyright applies to a wide range of creative outputs, everything from books and movies to music, sculptures, paintings, films, and yes, podcasts. So, here's something that might surprise you though. As soon as you record your podcast episode, it is automatically protected by copyright law. That's right, there is no formal registration required in order to claim your rights as the creator. However, when people talk about copyrighting something, what they're usually referring to is registering that copyright with the U.S. Copyright Office so they can gain some additional legal protections. Now, let's take a step back and look at where copyright law comes from. The concept of copyright in the United States is rooted in our Constitution, specifically Article I, Section 8, Clause 8, which is often referred to as the Copyright Clause or the Intellectual Property Clause. This gives Congress the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. That's the magic language in the Constitution. So, what that does is it says, hey Congress, you can make a copyright law. What does that mean in plain English? Well, the Founding Fathers believed that creators should be rewarded for their work by being granted these exclusive rights for a period of time. The idea was to encourage innovation and creativity by creating an incentive, a monetization structure essentially, and they saw that as essential to the growth and progress of society. By giving creators these exclusive rights, copyright law aims to strike a balance. On the one hand, it puts that incentive in place for people to create new works so they can profit from their creations. On the other hand, the limited time means that after a certain period, the works enter the public domain so they can be freely used and built upon by others. Now, this framework is particularly relevant to podcasters. Your show is a form of creative expression and copyright law is designed to protect your ability to control how that expression is used. So, as I mentioned earlier, your podcast is automatically protected by copyright as soon as you record it. But what does that really mean? Well, automatic protection is great because it means there's no effort required on your part. The moment you fix your show in a tangible form, that is, you record and save the file, it is copyrighted. This protection provides you the right to control how your content is used or whether it's used, how it's reproduced and distributed. But automatic protection has its limits. If someone were to infringe on your rights, you might have a harder time enforcing those rights unless you have a registered copyright. And this is where registration becomes a thing. Registering your copyright with the U.S. Copyright Office doesn't just provide additional legal protection. It also gives you the ability to get statutory damages and attorney's fees in court. And those can be a significant advantage if you ever need to enforce your rights. So, when we talk about copyright in your podcast, what we're really saying is registering your copyright to ensure you have the strongest possible legal footing. So, let's shift gears and discuss the advantages of registering your podcast's copyright. First off is enhanced legal protection. The biggest benefit of registration is the legal protection it provides. If someone infringes on your work, having that registered copyright gives you the right to sue in federal court. Without registration, you would first have to do the registration before you file, and your legal remedies would be a bit more limited. Number two is deterrence. As I mentioned earlier, a registered copyright serves as a strong deterrent to infringers. The registration not only signals that you take your rights seriously, but also that there's an increased risk for anyone who might consider copying without permission. And that's because there's statutory damages and attorney's fees available. Control over licensing and distribution is a third factor. Registering your copyright gives you more control over how it could be used by others. Whether you want to license your content to other platforms, include it on a podcast network, or sell as part of a larger media package, the registration ensures that you have perfected your rights and you have the legal backing that you need to make those deals. And fourth is the potential for those statutory damages. If you're registered work that is registered within three months of first publication, then you're eligible for statutory damages, which means you don't have to prove in court how much you've actually lost or how much they've profited. These could actually be much higher than actual damages, and that can be crucial in a battle where the financial stakes are high. Now, the cons of copyrighting your podcast are significant as well. There are some drawbacks. Registering your copyright isn't free. While the cost per episode might seem manageable, if you're releasing new content regularly, those costs add up, specifically if you're working on a tight budget. And time and effort is a factor. The registration process, while straightforward, does require some time and effort, so you'll need to fill out an application, submit materials, as well as that fee, and wait for approval. This might be more trouble than it's worth for some, particularly if you don't really see any potential issues later on. And also, remember that copyright doesn't protect ideas or formats or general concepts, nor the title of your show. It only protects the specific way those ideas are expressed in your content. So, even with a registered copyright, someone could still create a similar podcast based on the same concept and not be infringing on your rights. So, making an informed decision. Should you copyright your podcast? Well, this ultimately comes down to your goals and the resources you have at your disposal and how much you're willing to do. If you're creating content that you believe has significant long-term value, or if you're concerned about the potential for legal disputes, then registering your copyright could be a wise investment. But if you're just starting out, or if your content is less likely to be copied, well, you might decide that the automatic copyright protection is sufficient for now. So, the process of copyright registration. We'll walk through it right now. First off, you need to prepare the materials that you'll want to register. This typically includes the audio files of your podcast episodes, maybe some scripts or written materials associated with them, and any music or sound effects that you've created. Next, you need to go to the U.S. Copyright Office website and fill out an application. What you're doing is you're going to copyright.gov and you're filling out the form called SR for sound recordings. That's what you're going to register. This is what your recorded episodes qualify as. During the application, you'll need to provide some information about the work itself, the title, the authors, the date of creation, and so on. And then, once the application is filled out, you need to pay the registration fee. As of now, the fee for online registration is a little bit The fee for online registration is about $65, depending on the kind of work and the method of application. Then, after you've paid the fee, you submit materials, that is, uploading the audio file directly through the Copyright Office's online portal. And then, you wait for the Copyright Office to process the application. This could take anywhere from a few months to a year, depending on how big the backlog is. Right now, as I'm recording this in September of 2024, it's a pretty significant backlog, taking 8 to 10 months in many cases. So, once the registration gets approved, you receive a certificate of registration and the podcast is considered officially registered. But the registration actually dates back to the day you filed the application, which is why it's important to do it as soon as you possibly can. Now, what I recommend for a lot of folks is maybe register only the most important cornerstone episodes. If you've got a great interview with a great guest, register the podcast for that. If you've got an episode that just knocks it out of the park somehow, register the copyright for that. And maybe don't worry about the interim episodes that aren't maybe quite as polished and effective. You've got to weigh the risk and the likelihood someone's going to copy. All right. Next up, how do you place the notice on your podcast? You've seen that C in a circle symbol. So, after you've registered your podcast, or actually any time after you've made the episode, it's a good idea to place the copyright notice on those episodes. It is not legally required that you do so, but adding it serves as a deterrent to potential infringers and helps you with your rights in court if they're ever challenged because nobody can come along and say, �Well, I didn't know. I'm an innocent infringer.� So, copyright notice needs to include the copyright symbol. We're going to come back to that in a second, but it's usually a C in a circle for textual and film works and things like that. For audio works, sound recordings, the symbol is actually a P in a circle, which stands for phonorecord, which is how the Copyright Act initially described sound recordings. So, you're going to use both the C and the P, both of them in separate circles. And then you put the year of first publication. This is the year when the episode came out. The name of the copyright owner goes next. So, it could be your name or your company's name, whatever entity is the owner of the copyright, the producer of the show. So, a typical copyright notice for a podcast episode would look like C in a circle slash P in a circle 2024 by Gordon Firemark, all rights reserved. You can include this notice in the episode's metadata. You can include it at the end of the episode description, and you should also include it in spoken word at the end of the episode itself. You do it at the beginning too, but the end is better. The goal is to make it very clear to your audience and any potential infringers that this work is protected. Now, what if you're not sure about registering your copyright? Well, there are a few other things that you can do to protect yourself. One, use contracts. Ensure that you have clear contracts in place with any co-hosts, guests, collaborators, independent contractors that work on your show. The contract should outline who owns what and can help prevent disputes over ownership down the line. Also, trademark the brand. Consider your podcast's name and logo and catchphrase as potential trademarks. These provide a different kind of protection, but it can be an essential tool in building and safeguarding your brand's identity. Keeping detailed records is also really important, so maintain thorough records of your creation process, including drafts, scripts, and recordings. This documentation can be invaluable if you ever need to prove ownership or originality in a legal dispute. So, at the end of the day, copywriting your podcast is a personal decision that really depends on your unique situation. Hopefully, this episode has given you the tools and insights you need to make an informed choice about it. I'll say thanks for joining me on Legit Podcast Pro and I hope you found this podcast episode helpful. Make sure you subscribe and leave a review and share it with your fellow podcasters. Don't forget to hit that notification button so you see when I go live again on YouTube to do these episodes. And don't forget about visiting podcastlawforms.com for all the legal forms and templates you need to protect your podcast and ensure that your hard work is safeguarded. So, until next time, keep on creating, keep on sharing, and keep on podcasting. See you next time.