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Protecting a Content-Based Business, Part I: 3 Prerequisites for Copyright Protection

protecting a content based business part 1 prerequisites for copyright protection

You really should know the prerequisites for copyright protection in the US.

But first, let’s talk about protecting content. A lot of content, like online videos, long form blog posts, micro-blogging, podcast episodes, or some combination of those things. This is a three part series that’s going to break down:

  • The three things you need in order to qualify for copyright protection, (which you’ll find here, in part one)
  • How to make sure you own your creative content (part two); and
  • A list of content that’s eligible for copyright protection, some of which you might not have thought of yourself (part three).

But this is part one, the three prerequisites for copyright protection.

Prerequisite for Copyright Protection, #1: If you want to protect content, it’s gotta be creative.

This doesn’t just mean that it needs to be a work of art, a musical composition, a video, or something that you traditionally think of as creative. It means that your content can’t just be a fact, a mere list of ingredients, a mere idea. It has to be creative. The content should be something that’s the product of “the sweat of your brow.” You’ve worked to create this thing somehow.

You might look at some creative works and think the bar to creativity might be pretty low. You’re right. There’s not a huge bar to creativity. But it does have to be creative.

A theory, a process, an idea: these things are not creative enough to satisfy this prerequisite for copyright protection in the US. But if you have a group of facts that you’ve creatively arranged, that creative arrangement is protectable.

If you’re protecting content via copyright, it has to be tangible.

Now that we’ve gotten the creativity part out of the way, thing two is that it has to be tangible. Not tangible in that you have to actually be able to grab it and touch it. Tangible in that it lives outside of your head. It is either on paper, it is recorded, it is somehow accessible by someone else.

You’ve gotta own it.

The third thing is that it is actually original to you. Now, it can be something that you’ve collaborated with someone else on. Maybe you paid a contractor to contribute creative work. (And, hopefully, they signed a contract.) Or, you have collaborated with someone else and you both own it. Either way, it has to be an original creative work. I will talk a little bit more about originality in part two, but it should be original — as in original to you or owned by you.

So those are the three things: creative, tangible, original. Hope this helps you understand the three prerequisites for copyright protection, and I will see you in the next part of this series.

Why a Podcast Trademark Search is a Crucial Prep Step to Launching

woman who might not have conducted a podcast trademark search before launching
Rather watch than read? I got you.

By the end of this post, you will know why I think a podcast trademark search is a crucial prep step before launching. Hint: it comes down to saving you money and stress down the line. So here we go!


What a trademark search uncovers


So how can a trademark search ultimately save you money and stress before launching your podcast? First, it’ll tell you if somebody else is already using that name in connection with a podcast. You could argue that by using it in connection with a podcast (regardless of subject matter), there’s potential for confusion. And if you’ve ever searched for a podcast on Apple podcasts or Stitcher , you know it can get confusing if you’re looking for a podcast based on a name!

So again, a search will tell you if someone else already using the same or similar name. This ultimately saves you money and stress. How? If there is someone else using a similar name in connection with the podcast, you could save yourself from the experience of being on the receiving end of a cease-and-desist letter. And this rolls into reason number two…

Eliminate the surprise, and stressful scramble, from a cease-and-desist letter (to the extent possible)

It can be very stressful to be on the receiving end of a cease and desist letter. And if you have a trademark search done on the front end, that can save you the stress of finding yourself on the defensive and having to scramble when you receive a cease-and-desist letter. Of course it’s impossible to guarantee results 100%, but a search should uncover the obstacles that are out there. It’s worth spending a little money on the front end to save you from spending a lot of money on 1) an attorney to handle the cease and desist and related settlement, 2) a potential rebrand, and so on.

A podcast trademark search can help identify whether your chosen name is protectable

Let’s say there is someone else using a name similar to yours and connect with a podcast. In fact, let’s say there are TEN others using a name similar to yours. By using that name, it could be hard for you to police or protect your name from use by others when there are already ten others. So a trademark search can tell you the extent to which the name is used by anyone else. This can uncover whether you will have a hard time protecting your chosen name from use by others.

And yes, a trademark search can tell you whether there are any roadblocks to trademark registration. But ultimately, you can save yourself some stress and money in the form of having to scramble, rebrand, and maybe being on the receiving end of a cease and desist letter. Also, from a value standpoint, it can help to be sure you’re choosing a name that is protectable.

I hope this helps you understand why I think a trademark search is a crucial step before launching a podcast.


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woman contemplating a podcast trademark search