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Podcasts and Intellectual Property

By: Jaime Israel Davila Gomez, Attorney

A direct result of the health crisis that is experienced worldwide is the creation of content of all kinds that has increased exponentially, being the Podcast one of the favorite distribution channels and, like all content, Intellectual Property has a main role in protecting the talent created, used and exploited.

First of all, Podcasts use identification signs (icon names, emblems, designs, logos, etc.) that allow them to be distinguished from all the others available in the “market”. These signs are subject to registration and protection as trademarks, thus obtaining exclusivity on it to avoid misuse by third parties. Secondly, and in relation to these signs – specifically the name – there is the so-called Reservation of Rights that protects the name from periodic broadcasts (such as a podcast) and this figure is related to copyright. It is always convenient to obtain the protection of both the brand and the Reserve.

Additionally, and by virtue of the participation of various personal elements in the production (designers, photographers, screenwriters, musicians, editors) of a podcast, it is very valuable to have the necessary contracts between those involved in this stage and who are the owners of the project, in order to make clear who owns the rights and avoid future conflicts over their ownership, safeguarding the continuity of content dissemination at all times.

Last, and not least, something that is overlooked is treating each episode as an individual work (either by sound or audiovisual materials), which requires protection and administration (contracts and registration before INDAUTOR –in Mexico) taking it as such, that is, a product with fully identified authors, producers and holders that represent a wealth of rights that must be properly contracted to make a product that lasts over time and without a risk of being lost by misunderstandings or legal claims.

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