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Protecting Your Brand: Trademarks, Copyrights, and AI-Related Legal Considerations

November 28, 2023

In today's episode, Larry Roberts and Sara Lohse are joined by a very special guest, Gordon Firemark, known in the industry as the Podcast Lawyer. Gordon is here to share his expertise on the legalities around branding and podcasting, including intellectual property protection, trademarks, and copyrights.


With artificial intelligence being a major topic right now, we're also talking about how intellectual property laws apply to AI-generated content. Listen in on our free legal advice session as we pick Gordon's brain on trademark protections, forming our LLCs, and how we can safeguard our brands and content.


Key takeaways:


1. Protect your brand with a trademark: One of the most important aspects of your podcast is your brand. Gordon emphasized the importance of choosing a distinctive name and registering it as a trademark. This not only prevents others from adopting similar titles but also establishes a strong position for your podcast. Consider reaching out to other podcasters with similar names before resorting to legal action.


2. Intellectual property protection: There are different types of intellectual property protection, including patents, copyrights, and trademarks. Copyrights protect your content, while trademarks protect your brand names and distinctive symbols. Remember, copyright protection exists from the moment your work is created.


3. LLC vs Trademark: While forming an LLC provides benefits such as liability protection and organizational structure, it does not offer the same level of protection as a trademark. Registering a trademark is highly recommended for serious business ventures.


4. AI-generated content: With the rise of artificial intelligence, there are new challenges and legal considerations to be aware of. Gordon highlighted that the copyright office does not grant protection to content generated solely by AI; it needs to involve human creation. We discussed cases involving AI-generated paintings, highlighting the need for human involvement in copyrightable works.