Harpo Settles With ‘Oprahdemics’ Podcast, Gets Name Change That’s Silly
from the you-get-a-name-change dept
Last summer, we discussed a fairly silly trademark suit brought by Harpo Inc., Oprah Winfrey’s production company, against Roulette Productions, responsible for the “Oprahdemics” podcast. While the name of the podcast is obviously a nod to its main subject matter, Oprah, it’s also the case that the podcast is a journalistic endeavor covering the history of Oprah and her show. That puts this squarely in the nominative fair use arena. How is anyone supposed to make a podcast about the history of Oprah without a title that nods towards the subject matter?
It can’t. Something that Harpo actually admits too, interestingly. See, the suit has now been settled, with both sides saying it was all very amicable, and with the podcast getting a name change that apparently satisfies Harpo Inc.
The podcast’s executive producer Jody Avirgan provided a joint statement that said the terms of the settlement were confidential but the case had been “resolved to the mutual satisfaction of both parties.”
The podcast’s website now lists its title as “You Get A Podcast!”.
Yup, you’re reading that right. Harpo claimed the title of the podcast falsely implied that Oprah was somehow involved in its production and therefore requested a name change… to what certainly must be the most meme-ified reference to Oprah possible.
You know the one. So, to summarize: Harpo said “Oprahdemics” was fine as a podcast, but the name would mislead the public into thinking Oprah was involved or endorsed the podcast, but was satisfied with a name change that will be every bit as associated with Oprah as the original name.
The only remaining question is, other than allowing for some billable hours and annoying a podcast, and me personally, what did any of this actually accomplish?
Filed Under: fair use, oparah winfrey, oprahdemics, podcasts, trademark, you get a podcast
Companies: harpo inc., harpo productions
Comments on “Harpo Settles With ‘Oprahdemics’ Podcast, Gets Name Change That’s Silly”
Reaffirmation that powerful people on a power trip would rather crap on their fans than be flattered or honored.
There’s a difference between a reference to somebody and that person’s name. For instance, ‘that performatively obtuse dingbat’ could be anybody.
Re:
Okay, but this reference is no more ambiguous than using Oprah’s name for the reference, so what’s your point?
“Harpo” has something to do with “Oprah”? I honestly would have never noticed that “Harpo” was “Oprah” spelled backwards; I would have thought it was a reference to the silent Marx Brother.
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Which is why Oprahcorp should be sued into the ground by a corpse.
“…what did any of this actually accomplish?”
A bunch of Streisand-effect marketing for the (formerly) Oprahdemics podcast….
Oprah needs to apologize for the Dr Oz thing.
.. and phil too
“…what did any of this actually accomplish?”
Legal fees. It accomplished legal fees.
Her actual name is not the same as a parody of a catchphrase.
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Her actual name is not an excuse to ignore nominative fair use doctrine. Harpo was happy to settle, rather than be on the hook for the podcast’s legal fees after a SLAPP motion.
Re: Re:
uh huh. what’s your name? my podcast about how you’re a dickhead needs a title
Re: Re: Re:
The legal right to use someone’s name for the purposes of identifying them as a/the subject of one’s work doesn’t entail an obligation for the subject to supply their name to the person making that work.
Now, should you find out what their name is and use it like you describe, they would have no legal remedy for your use of their name. If this was meant to be some sort of “gotcha”, it failed miserably.
Re:
So what? It doesn’t mean that Oprah had any legal right to sue for nominative fair use of her name for a podcast that comments on her. It also doesn’t mean that the new name is any less recognizable than the old one or that the old name was any more confusing to consumers about whether Oprah endorsed it.
“Harpo” eh? Methinks that “Groucho” sounds more appropriate here.
It shows that when the law is involved common sense means nothing , and podcasters cannot afford to get into long legal battles about the right to use someones name even it should be protected by fair use as its a journalistic audio production,
Once you use someones name in a podcast you set yourself up as a target for legal action .oprah should be ashamed of this legal name change.most podcast do not make alot of money to fund random court cases even if they are in the right and protected by fair use