Hello everybody, Jake right here once more. I’ve been having a blast this week engaged on some issues for our upcoming Sizzling Pod Summit LA (extra particulars TBD!) and diving again into the writing aspect of the e-newsletter. At this time, we’ve received a giant story about one of many dangers of fan podcasts — watch what you title them! — plus some Spotify updates and an ad-disclosure warning.
Oprah sues a fan podcast
Cautious what you title your fan present, your rewatch pod, or no matter different collection you’re spinning up based mostly on another person’s title or IP. Oprah’s media firm, Harpo, sued the creators of the podcast Oprahdemics this week, claiming the title infringes on the corporate’s emblems and “misleads” listeners about who’s behind the present.
This appears to be like to me like a reasonably customary case of an organization defending its trademark. Oprah has a trademark on varied “leisure providers” linked to her title, and it’s straightforward sufficient to see how Oprahdemics would possibly infringe on that. Firms want to guard their emblems in an effort to maintain onto them, and this lawsuit appears to be a comparatively clear-cut case — if additionally a bummer of 1 for the podcasters — of Harpo doing simply that.
I discover this notably fascinating as a result of fan podcasts are actually well-liked! And sometimes sufficient, these podcasts have the names of the properties they’re about in them. Simply rewatch podcasts, I used to be in a position to rapidly discover a ton of fan-made collection that characteristic a TV present’s title. Right here’s one for Misplaced; right here’s a whole record involving Sport of Thrones; and right here’s a handful involving The Bachelor. There’s lengthy been a tense relationship between fandoms and IP holders in the case of fan-made work — IP homeowners can face backlash and quash an in any other case supportive group in the event that they’re legally overzealous — however they should stroll a wonderful line when it comes to defending their properties, too.
The place this will get much more fascinating is what I’ll name the “official unofficial” rewatch reveals: see Parks and Recollection with Parks and Recreation star Rob Lowe and author / producer Alan Yang, or The West Wing Weekly with West Wing star Joshua Malina, or podcast smash hit Workplace Girls, starring The Workplace stars Jenna Fischer and Angela Kinsey. These collection are made by established networks / producers, and it’s totally potential they’ve come to agreements with the rights holders concerned to clear the way in which — however on the very least, their web sites and podcast listings don’t embrace a bunch of copy about how The Workplace is property of Common Tv or whoever, which makes me suppose they’re in an identical boat to everybody else. However what firm desires to be seen feuding with a few of its largest stars?
In Oprah’s case, she appears to be doing the naked minimal to make sure that her trademark is protected. Oprahdemics, from Roulette Productions, is described as being about two historians discussing Oprah’s largest moments and their cultural impression. As The Hollywood Reporter famous, Harpo’s legal professionals say they aren’t in search of “financial damages or earnings” or “to ban Defendants from airing a podcast collection on their chosen matter.” They only wish to hold Oprah’s title out of the present’s title.
To be clear, firms can determine to permit some quantity of fan content material — and lots of do. Fan communities are massively beneficial, and lots of IP holders are good sufficient to let fan works flourish as long as they help the neighborhood and don’t turn into legally or ethically problematic. Right here’s a very clear instance from Wizards of the Coast, which makes Dungeons & Dragons and Magic: The Gathering: the corporate has a whole web page spelling out what followers can do with its IP. Nevertheless it comes with clear warnings, too. Don’t use the corporate’s logos. And don’t do something offensive.
Fan podcasts aren’t essentially going to run into an issue like Oprahdemics. However small creators with no lawyer on employees must hope the maker of no matter property they’re protecting has some extra lenient guidelines.
Spotify provides podcasts extra love on the homescreen
Proper now, Spotify’s homescreen mixes collectively music and podcasts. However quickly, it’s going to allow you to cut up the 2 up. This week, the corporate previewed a pair of buttons it’s including to the highest of its homescreen that’ll allow you to dive straight into both music or podcasts, focusing the app’s suggestions round one or the opposite.
I don’t suppose that is as vital as when Spotify added podcasts to the homescreen itself — seeing them combined in lets individuals know they’ll discover reveals on the platform and surfaces titles to individuals who may not suppose to search for them. However as Spotify turns into extra of a vacation spot for podcast listeners, it appears fairly apparent and vital to present them a vacation spot for locating extra to take heed to. The brand new web page consists of massive cowl artwork and descriptions of reveals, so there’s much more room for catching somebody’s eye right here than on the principle web page.
The buttons are rolling out now on Android and are coming to iOS in “the close to future.”
Disclose your adverts, individuals
Hear, I feel most of us know this. However simply in case: please, please disclose when a section or episode or collection is sponsored. This isn’t simply vital for editorial ethics and viewer transparency; it is usually, in lots of circumstances, unlawful. Adweek had a narrative this week concerning the UK’s Promoting Requirements Authority issuing a warning to a present known as The Diary of a CEO, which it says included a prolonged commercial in the midst of an episode that didn’t embrace any acknowledgment that it was paid for by an organization known as Huel. Huel argued that the spot wasn’t technically sponsored as a result of it didn’t have direct management over the advert, however that didn’t fly with the ASA.
The ordeal simply ended with a warning, but it surely’s reminder for everybody: let your listeners know!
See you all tomorrow — till then, let’s contemplate whether or not Nintendo’s new Splatoon characters are influenced by podcasting. Anarchy Splatcast positive appears like an audio present to me.
