PHOTO: Frances Cook
Frances Cook Alleges NZME Stole Her Podcast and Time with Her Baby: A Dispute Over Intellectual Property Rights
Financial journalist and popular podcaster Frances Cook has publicly accused her former employer, NZME, of taking over her podcast “Cooking the Books” and infringing on her personal time, including time with her newborn. Cook claims the media company wrongfully asserted ownership over the podcast she had started independently in her spare time, leading to a bitter fallout.
Background of the Dispute
Frances Cook, who gained a strong following with her financial advice podcast “Cooking the Books,” alleges that when she began the project, it was clear it was her personal venture, albeit distributed by NZME. According to Cook, the arrangement was mutually agreed upon when she started the podcast, which was not part of her official job duties.
However, Cook alleges that over the years, especially after several mergers within the company, NZME shifted its stance and began to claim ownership of the podcast. This change in policy allegedly forced Cook into a position where she felt compelled to relinquish her rights to the podcast, particularly after her return from maternity leave.
Claims of Forced Resignation
On her Facebook page, Cook detailed the events that led to her resignation, expressing frustration with a new manager who, she claims, threatened to replace her while she was on her second maternity leave. Despite previously receiving written permission to run her own financial education business, Cook alleges she was pressured to hand over details of her operations, including financials, with potential threats of shutting down her side ventures.
Feeling cornered, Cook says she ultimately decided to resign, with NZME rebranding her podcast as “The Prosperity Project,” now hosted by Nadine Higgins. She has since encouraged her loyal listeners to unsubscribe from the rebranded show and even hinted at leaving negative reviews if they felt inclined.
Legal Perspectives on the Dispute
The case has sparked a broader conversation about intellectual property (IP) rights in the workplace. Employment lawyer Alison Maelzer from Hesketh Henry weighed in, explaining that typically, an employer has rights to any intellectual property created by an employee as part of their work duties. This can include projects undertaken during employment, even if done in personal time, depending on the terms of the employment agreement.
Maelzer notes that most employment contracts are designed to expand employer rights to any work related to the job, regardless of whether it was created on company time. However, she emphasized that specific agreements between the parties would need to be examined to determine ownership conclusively.
NZME’s Response
NZME has firmly denied Cook’s allegations. Murray Kirkness, the editor-in-chief of NZ Herald, stated that the company does not agree with Cook’s claims regarding the ownership and handling of “Cooking the Books.” However, further details about NZME’s stance have not been disclosed publicly.
Implications for Content Creators
This dispute highlights the challenges faced by content creators working within larger organizations, particularly around ownership rights. It serves as a cautionary tale for employees engaging in creative projects while under contract, emphasizing the importance of clear agreements to protect personal IP rights.
The case also draws attention to the growing trend of media professionals leveraging personal brands and side hustles, especially in the digital age, where social media and independent content platforms provide significant influence and reach.
Frances Cook’s story underscores the need for clarity in employment contracts, particularly regarding side projects, to avoid conflicts over intellectual property and ownership down the line. For now, Cook continues her journey in financial education independently, with a strong message of resilience against corporate pressure.
SOURCE: RNZ