Upload
others
View
4
Download
0
Embed Size (px)
Citation preview
IP Rights and Infringement With Podcasts and Live StreamingCopyright, Trademark and Other IP Considerations When Creating or Producing Podcast or Live Streams
Today’s faculty features:
1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific
The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 1.
TUESDAY, JULY 14, 2020
Presenting a live 90-minute webinar with interactive Q&A
Jennifer L. Barry, Partner, Latham & Watkins, San Diego
Sarang (Sy) Damle, Partner, Latham & Watkins, Washington, D.C.
Joe Wetzel, Partner, Latham & Watkins, San Francisco
Tips for Optimal Quality
Sound QualityIf you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection.
If the sound quality is not satisfactory, you may listen via the phone: dial 1-877-447-0294 and enter your Conference ID and PIN when prompted. Otherwise, please send us a chat or e-mail [email protected] immediately so we can address the problem.
If you dialed in and have any difficulties during the call, press *0 for assistance.
Viewing QualityTo maximize your screen, press the ‘Full Screen’ symbol located on the bottom right of the slides. To exit full screen, press the Esc button.
FOR LIVE EVENT ONLY
Continuing Education Credits
In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar.
A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program.
For additional information about continuing education, call us at 1-800-926-7926 ext. 2.
FOR LIVE EVENT ONLY
Program Materials
If you have not printed the conference materials for this program, please complete the following steps:
• Click on the link to the PDF of the slides for today’s program, which is located to the right of the slides, just above the Q&A box.
• The PDF will open a separate tab/window. Print the slides by clicking on the printer icon.
FOR LIVE EVENT ONLY
Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia. © Copyright 2020 Latham & Watkins. All Rights Reserved.
IP Rights and Infringement with Podcasts and Live Streaming
Sy DamleJoe Wetzel
Jennifer Barry
Today’s Panel
Sarang (Sy) Damle
Connectivity, Privacy & InformationPartner, Washington, D.C.
T +1.202.637.3332E [email protected]
Joe Wetzel
Connectivity, Privacy & InformationPartner, San Francisco, Silicon Valley
T +1.415.395.8007E [email protected]
Jennifer L. Barry
IP Litigation, Global Vice ChairDeputy Office Managing Partner, San Diego
T +1.858.523.3912E [email protected]
6
AGENDA
• Definitions: Podcasts & Live Streaming• Copyright Rights & Content• Avoiding Copyright Infringement• Protecting your Copyright Rights
• Podcasts• Live Streams
• Trademark Issues: Branding Your Podcast• Trademark Issues: Talking About Others• Right of Publicity Issues
7
Definitions
• Podcasts• Audio only plus static branding (e.g., cover art, logo)• Fixed
• Live Streaming• Simultaneous audio and video presentation made available in real
time• Not fixed in advance
8
Copyright Rights
Exclusive Rights Typically at Issue
• Reproduction • Only if live stream is fixed
• Distribution
• Public performance
• Public display
Image attribution: Mike Seyfang, Flikr, https://www.flickr.com/photos/mikeblogs/3020966666 (orientation and outline of image changed).
9
Copyrighted Works
Types of Copyrighted Content to Consider
• Music two types of works• Sound recordings
• Public performance right limited to digital audio transmissions
• Musical compositions
• Artwork• Cover art (podcasts)• Graphics in live stream
• Guest-generated content• Interviewees• Bands
• Performing Arts, e.g., choreography, play (live streaming)
10
Avoiding Copyright Infringement
• Licenses • Music
• Sound Recordings – Record Labels• Musical Compositions – Publishers
• Artwork• Audiovisual Works• Choreography, Play, Etc.
• Releases / Assignments from Guests & Commissioned Artists
• Protects you and ensures your ownership of copyrights
• Use Original Content
• Fair Use
11
Protecting Your Copyright Rights: Podcasts
• Copyright Protection – automatic upon fixation of your original work
• Registration of Copyright – secures important, additional benefits
• Consider all works involved• Each podcast episode• Cover Art• Music you composed and recorded for the podcast
• Each podcast must be individually registered
• Carefully Evaluate Hosting / Platform License
12
Protecting Your Copyright Rights: Live Streams
• Copyright Protection – only protected if fixed
• Copyright law allows for fixation and streaming to occur simultaneously
• Must ensure that all licenses for live-streamed content allow reproduction, which will occur if stream is fixed
• Carefully Evaluate Streaming Platform License
• Registration of Copyright
13
Trademarks: What’s In a Name?
• Tension between branding vs. trademark• Who got there first? Always search• Protecting your name
• Protectable mark• Use• Registration• Domain names and social media usernames
• Related goods and services > expansion (dream big!)• Logos
14
Trademarks: Naming Names
• Talking about other products, services or companies• Fair use considerations• Consent
15
Right of Publicity Issues
• Using another’s name, image, likeness, voice• For commercial purposes• Usually celebrities• Patchwork of state laws• Scary remedies• Get consent in writing
16