PodCasts/Shows, & the Value of Branding
- Scott wrote: " I agree 100%. If we stopped trying to focus on the negatives for a half a second, we'd realize that the worst case scenario on any of this is that more people will discover your show. As for the rss feed being altered, Adam has already stated that this would be fixed. As for the comment about PodShow using listed shows on their sites to sell advertisements, I don't think that is true. PodShow sells ad inventory based on their brand and shows they have contracts with. At least that's how I understand it anyway."
Hi Scott & Group --
Interesting thread. First of all, I am not a Lawyer. But, I do agree that it would be wise for some to consult one. My background is in advertising, and in working with corporate attorneys, I saw how "Brands" do have value worth fighting for in court.
Now, I also agree that at this stage in the game, exposure is good. But, I think there is a worst-case scenario beyond simply enjoying more exposure. You have to be careful at this point. From a straight communications sense, if there's confusion about the name of your "show" or "podcast", then how would we expect prospective listeners to remember it well? Repackaging can "damage" your brand name, unless it is done correctly. From a compensation sense, if an aggregator is using your work, in part, to earn revenue -- aren't you do a share of it?
It seems to me we are at the start of an era of aggregators and networks that wish to organize and group podcasts and podshows. These are generally, "for profit" enterprises. Have you ever listened to a talk-radio show, and heard the network place a "brand tag" on it (ie. "presented by the WestWood One Network," etc.). Does WestWood One just slap it on the broadcast, unbeknownst to the show host? No... it is clearly stated in a written agreement (ok... when it comes to small print, "clearly" is a relative term).
In a nutshell, it comes down to negotiation. If they have something you want, and vice versa, then you hash it out. Always get it in writing, and consider very strongly running it by a good trademark attorney with a specialty in communications.
Scott Frangos Managing Editor
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