Podcasting legal issues exist. And while they are not necessarily complex, they should be given attention early on. The main types of podcasting legal issues involve brand protection, business formation and collaboration, and intellectual property licensing.
Let’s cover the basic podcasting legal issues that every podcaster should know about.
Take the time to understand and address podcasting legal issues.
Podcasting Legal Issues: An Overview
- Brand Protection: Every business has a brand. This is also true for podcasts. By investing in brand protection, podcast producers can make it easier for listeners to find their podcast and share it with others – without the risk of confusion. Avoiding confusion is great, especially for podcasts which are released as serial narratives or over time (which is many of them). Brand protection for podcasts follows a structure that is similar to other businesses: choose a good name, check your name’s availability, apply for trademark registration and enforce your brand where necessary. Also, as podcasts are often distributed via platforms and other networks, it makes sense for anyone involved to protect their brand when collaborating.
- Business Formation/Collaboration: Podcasts are often the product of collaboration. This means that it can pay to think ahead when deciding how to work with others. Depending upon the specifics of your situation, you might form an LLC or a corporation. Or you might just need a good collaboration agreement. Everybody should understand what they are to contribute, what rights they have to the resulting product and how profits and losses are divided up. Easy questions that are easier to address earlier on than when the stakes are higher later on.
- Intellectual Property Licensing: Podcasts often incorporate materials created by other people. Whether that is music, text, recordings or something else, it makes sense to pay attention to licensing (and this is true for anything that falls under the general description of “content marketing”). Good licensing helps podcasters avoid conflicts surrounding permissions to use other people’s materials. Generally, try to understand what materials need permission to use.
Podcasting Legal Issues
These are just a few of the podcasting legal issues to pay attention to. As any podcast gets more sophisticated, more issues will arise. But if you are proactive and understand that these legal issues are opportunities for growth, you can lay a foundation for success.
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