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\u201cThe only policy you need is \u2018don\u2019t be a jerk!'\u201d While this may seem like surprising legal advice, it shouldn\u2019t be considering the source. In addition to being a lawyer, marketing professional, and podcaster, Kerry O\u2019Shea Gorgone is one of the nicest (read: not jerky!) people both online and off.\xa0We discussed the legal implications of new forms of media, copyright, podcasting, and more on this week\u2019s episode of the On Brand podcast.\nAbout\xa0Kerry O\u2019Shea Gorgone\nKerry O\u2019Shea Gorgone, JD, MBA, is a lawyer, podcaster, speaker, and writer. By day, she designs training programs for marketing professionals in her role as Director of Product Strategy, Training, at MarketingProfs. By night (and on weekends) Kerry writes for some of the most authoritative sites in the marketing and PR industry, including Mark Schaefer\u2019s {grow} blog, Social Media Explorer, Entrepreneur, Spin Sucks, and MackCollier.com, and also contributes to Huffington Post.\nKerry hosts the MarketingProfs weekly interview series, Marketing Smarts, named by Fast Company as one of the best business podcasts on the internet and one of \u201c19 Podcasts Worth More Than an MBA\u201d by Inc. The show features industry stars and authors like Chris Brogan, Ann Handley and Gary Vaynerchuk, as well as business personalities like Jon Taffer of \u2018Bar Rescue\u2019 and actress Jane Seymour. She\u2019s also interviewed c-suite executives from organizations like IBM, National Geographic, Dell and the Baltimore Ravens. Learn more about her at KerryGorgone.com.\nEpisode Highlights\nLegal 101 \u2014 what\u2019s the difference between a copyright and a trademark?\xa0\u201cA copyright protects your bigger works \u2014 books, blogs. Trademarking is for smaller things \u2014 logos and phrases.\u201d At the end of the day, Kerry warns that you have to decide to what extent you\u2019re going to pursue small infringements.\nSo, what should you protect as a brand? \u201cYour employees\u2019 privacy. Like Crackerbarrell saw this week when they fired \u2018Brad\u2019s wife.'\u201d You should also protect your copyright \u2014 both what you share from others and what they share of yours.\nCan Snapchat sue Facebook? This week, as Facebook launched stories, a very Snapchat-like feature, students in my marketing class (which Kerry spoke to via Skype) asked if Facebook could be sued by Snapchat for copying the stories features. \u201cYou can\u2019t copyright an idea. It has to be expressed. At this point, stories are so pervasive.\u201d\nPodcasting tips? As you can see from her bio, Kerry is one of the most popular marketing podcast hosts. What tips can she share for businesses wanting to get started with this growing form of media? \u201cStart with conversation research and listen. Figure out what your audience is into and see if you can be a part of that.\u201d\nWhat brand has made Kerry smile recently?\xa0Kerry pointed us to the outdoor brand Orvis. She recently had Orvis\u2019 Simon Perkins on the Marketing Smarts podcast. She loved the engaging conversation and the real-life brand touchpoints she received afterward that made her smile.\nTo learn more about Kerry,\xa0follow her on Twitter and check out her blog and the Marketing Smarts podcast.\nLearn more about your ad choices. Visit megaphone.fm/adchoices