Copyrights, trademarks, and patents, oh my! As you dive into the legal weeds of podcasting, we know things can feel overwhelming. Here, we’re going to break down one of the most common legal questions: should you copyright your podcast, and how exactly do you do that?

Please know that we’re not a legal firm. This article is meant as an overview to help you get started. If you have more specific legal questions, please consult a copyright lawyer. All right, disclaimer out of the way, let’s get into this.

✴ What’s the difference between a copyright and a trademark?

According to the United States Patent and Trademark Office (USPTO), a trademark “is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” In other words, a trademark covers things like your podcast’s title, logo, and slogan.

A copyright, on the other hand, is a little broader. Copyrights protect “original works of authorship fixed in a tangible medium of expression.” Everything from books to songs to even, yes, podcast episodes fall under this umbrella.

✴ How do you get a copyright for your podcast?

The simple answer is that you generate a copyright by merely creating something unique. U.S. copyright law protects both published and unpublished works, so your work is technically copyrighted from the second you make it “fixed in a tangible medium.” In podcasting’s case, this means as soon as you’ve written a script or recorded an episode.

To officially complete the process, you can file through the U.S. Copyright Office. You can file electronically or the old-fashioned paper way, but e-filing is the cheapest, fastest, and easiest option.

✴ Why file if you already have a copyright?

There are a few benefits of filing with the U.S. Copyright Office, which come in handy if you have a legal issue you need solving. For example, if someone infringes on your copyright and you need to send a cease and desist letter.

By filing and making your copyright official, you have the backing of the government should you need to take any further legal action. An official registration also entitles you to damages should your case become a lawsuit.

✴ Do you have to file right away?

It’s always better to play things safe rather than sorry. If you want the full legal protection for the work you’re doing, then file. But it’s not an official requirement. You’ll receive basic copyright protection without registering right away.

✴ So what exactly do copyrights cover?

Copyrights cover your unique take on a subject; they don’t cover the subject itself. For example, you can’t trademark the idea of “healthy eating.” Even if you make it more specific, say “paleo recipes for women in their 20s,” you can’t claim ownership of an idea.

The only thing a copyright claims is your unique way of conveying that idea. Your copyright ensures that no one can lift clips directly from your podcast without permission, nor can they say your words verbatim.

✴ A quick note on trademarks

Trademarks, on the other hand, should be filed before you put your podcast out into the world. It might seem excessive and expensive, but if you have any plans for your podcast being a long-term project, then it’s highly advisable. There are all the legal reasons for filing a trademark, but there are creative aspects, too.

You don’t want to name your podcast, start recording, and then decide to file a trademark only to realize that your podcast’s title is already someone else’s trademark. By going through the motions at the beginning, you can save yourself a lot of time and effort. Once you have a title in mind, check the Trademark Database to make sure you’re good to proceed.

✴ Ready to file?

For more in-depth details of the application and filing process, visit the U.S. Copyright Office. And if you have additional legal questions that aren’t answered by the Copyright office, be sure to consult a lawyer.

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