MLB Podcast Removal Affects Bird’s Eye View

If you go to iTunes to download this week’s episode of Bird’s Eye View, you may notice something troubling: we’re not there.

No, Scott and I haven’t shuttered the podcast. Instead, the show was removed from iTunes for administrative reasons. What are these reasons? That’s a good question. The notification we received from Apple was not specific, saying only that the show may have been pulled for “a variety of reasons.” Thanks, Apple. Nice to know that a technology company as powerful as yours can’t figure out how to create a dynamic form letter.

After a little digging, it turns out that MLB is on the offensive on podcasts infringing upon their copyrights. You know that little bit right before the eighth inning – where they say that “accounts and descriptions of this game may not be disseminated without the express written permission of..?” Well, they mean it. And here’s how they’re making iTunes enforce it:

The feed title for our show was listed on iTunes as “Bird’s Eye View – Orioles podcast.” We did this so that you’d be able to find it more easily if you typed “Orioles podcast” into the search bar. Well, because that’s what it is. Our podcast is not about birdwatching. We’re not into taking pictures at high altitude. We labeled the feed so that people who were looking for a lack of insight and baseless opinion on their favorite baseball team could find us.

So here’s the thing: MLB has a point.

By our use of the word “Orioles” in the podcast feed, it’s possible that we infringed upon their copyright. We don’t speak for the team, and where that is VERY evident from listening to our show, it’s harder to tell by looking at the listing on iTunes.

MLB and the Orioles have no way of controlling the content of our program, or assuring that our use of the word “Orioles” didn’t damage their brand. What if it was a program dedicated to attacking and denigrating the Orioles? Excepting the fact that there is already an AM station who has that particular market cornered, it is a legit concern. And I’ll admit one that, if I were in their shoes, I would be careful about.

But MLB is using a Cruz Missle to solve a problem that requires a flyswatter – or better yet, thousands of flyswatters.

I will argue that we did not infringe upon their copyrighted logos in our show artwork. That material is the work of the brilliant fellows at OBP Apparel.

Nor did we infringe upon their copyrighted material (such as broadcast clips, etc.) with our introductory audio. No, our theme song is generously provided by the band Songs from the Moon.

Just answer me this: HOW ARE WE SUPPOSED TO TELL PROSPECTIVE LISTENERS WHAT WE ARE ABOUT, IF WE CAN’T USE THE WORD THAT DESCRIBES OUR PODCACST?!?

The answer I’ve been given is that we needed to make it clear that we are an “unofficial” Orioles podcast. If  you use the word “unofficial,” you’re OK. I would be a lot more sympathetic to that argument if MLB or the Orioles were more involved in producing content in this medium. If the Orioles had an official podcast with which Bird’s Eye View could be confused, this would be a more logical argument. But the Orioles have no such presence. Instead, the way that their brand is grown in this format is through independent fans like us who take it upon ourselves to rattle on for an hour each week about a team we love, and that we hope our listeners will love, too.

I’m not going to waste breath or line space arguing about this thing. I’m not going to pull information on fair use, or any of that garbage. Nor am I going to spend a second on trying to convince myself – or any of you – that I am a victim here. There is a policy in place. It’s poorly explained, and could have been easily rectified with an emailed request rather than this action. But it’s a policy, and we’ll comply. We’ll get it straightened out, and when we return to iTunes, you’ll have to search for us as “Bird’s Eye View.” I hope you find us. And I hope you love the Orioles (Sorry, but I don’t care if you’re a bird watcher).

I also hope that MLB figures out how its its approach producing (or more specifically, not producing) new media content, and its interaction with hacks like us affects its public image. We may not be victims here, but those guys really come off looking like dicks.

Who knows, maybe some good can come out of all of this? Later today, when I have taken a couple of deep breaths, I am going to contact the Orioles and MLB to see if I can actually talk to someone about the policy, and about how independent podcasters can do what they love while staying within the rules. Maybe something can be gained here to bring our listeners a better product. If there’s a message to be taken away here, it’s that MLB came after the wrong show: we’re the amateurs who are capable of acting like grown ups.

By the way, we bill our show as your official source for a lack of insight and baseless opinion.

And we deliver. Oh, do we ever deliver.