Podcasts have been a part of our culture for the past 10 years. There is no subject that is too difficult, but true crime podcasts may be the most popular. A true crime podcast is like a train wreck. We can’t look away, or in this instance, we can’t keep listening. Later we have a chat with friends to discuss the details, including who did it and how and why.
True crime podcasts are nonfictional audio series that focus on one or more crimes. Many true crime podcasts are focused on murder. Serial is the most well-known and first true crime podcast. Another popular podcast on true crime is Serial. Many true crime podcasts are now available on streaming services like Netflix and Hulu. Only Murders in the Building is a comedy-drama Hulu series that focuses on the adventures of three people who create a true crime podcast about a murder in their Manhattan apartment. Rolling Stone’s reviewer described this series as “that rare, wonderful thing: the parody which also offers a great example for the authentic article.”
Sometimes, podcasts that are true crimes have been engaging enough to make us all feel like we were there. Podcasters are responsible for intellectual property, just like any other business. What are the intersections between IP and true crime podcasts
THE BRAND
The podcast name is the trademark that marks the main source of entertainment services. Your client should first choose a podcast name. Then, it should apply for federal registration. This mark can be used for both the podcast and ancillary merchandise. This applies to any graphic logo mark used for podcasts, as well (in the most exceptional cases) to the podcast icon that your client displays at the Apple Store or on a smartphone screen.
THE CONTENT
When an original work of authorship is recorded and broadcast, copyright is automatically created. Copyright is a protection for the expression of ideas and can be used to protect any original content that your client creates or created for you client. Ownership is the key. Podcasters often need help. Many of these “helpers” are unlikely to be employees. Therefore, it is important that your client receive all copyright rights to any content created by these helpers. This includes audio engineers, assistant producers and musicians. Everyone.
Sometimes third-party content, such as audio or music clips, might be necessary to create a podcast episode. Your client will need to obtain permission from the third-party content owner in this case. You will need a license to use the material. If the content contains vocal contributions (e.g. interview), it is necessary to obtain permission in writing. Although copyright registration is required for original content, copyright rights are available regardless of registration. They are available as soon as a podcast episode is recorded.
THE AUDIENCE
What is the most intangible thing that a podcaster could have, other than content and brand? An audience. An email distribution list could help you quantify this. An RSS feed (really easy syndication) may be used to define the podcast’s audience. An RSS feed is the way the podcast goes from the client’s uploaded audio file to a distribution platform such as Spotify. This RSS feed may be very valuable and your client should control it. It is a valuable intangible asset similar to a trade secret. It is not widely known, so it has value that your client might be able to access or own.
Attorney at Law Magazine published the first Serially Hmicidal IP article.