Terms and Policies

Copyright Law and Infringement

What is copyright?

Copyright is a form of protection grounded in the US Constitution and granted by law for original published or unpublished works of authorship. An original photograph, book, audio recording or song are examples of copyrighted work.

What does it mean to hold copyright?

When you create a copyrighted work, you own a variety of rights. Including the rights to copy, distribute, publicly perform, adapt or create derivative work and license the work. You may exercise these rights by yourself or you can prevent others from exercising them. You may also sell or assign your copyrights to another person.

Do I have to register my copyright with the government?

In the U.S. you do not have to register your copyright with the government. When you create an original work, you are granted copyright that you may use or sell.

In the U.S. if you want to sue someone to prevent them from infringing on your copyright, then you must register your copyright with the U.S. Copyright Office. Other countries have different rules on what is required to enforce a copyright.

U.S. law encourages you to register your copyrights. If you register your copyright before someone infringes upon it, you may have certain additional remedies available to you, such as the right to recover statutory damages and attorneys’ fees.

Do I have to include a copyright logo © to assert my copyright?

No. Some people use the logo to indicate that their work is copyrighted, however the logo is not required.

Can I use someone else’s copyrighted work?

If you are using someone else’s copyrighted work, then you must license and use the work only in the manner they’ve authorized.

If you are using material in a Fair Use manner, you do not need to obtain permission from the copyright holder.

Can Megaphone take action if someone pirates my podcast?

As the copyright holder of your podcast, you are responsible for enforcing your copyright. Megaphone doesn’t own the copyright to your podcast, therefore we can’t take action on your behalf.

How do I send a DMCA takedown notice?

If you believe in good faith that your work has been reproduced or is accessible on the Platform in a way that constitutes copyright infringement, please see the DMCA takedown information on our site here.

Many websites provide a guide for submitting DMCA takedown notices against copyright infringement.

For sites that don’t have a built-in DMCA notice process, you will need to create your own takedown notice.

If needed, repeat the takedown process for all of the sites hosting your pirated material.

If a pirated version of your podcast shows up in Google search results, you can file a DMCA here to have the link removed.