If you`re already creating podcasts and haven`t had a chance to implement some of these elements yet, that`s fine. You can always start now. Jamie Lieberman, owner and founder of Hashtag Legal, has been a lawyer for nearly 15 years. As an experienced entrepreneur, Jamie understands the unique needs of business owners at different stages of their organization`s growth. Today, she works with clients in a variety of industries, including influencer marketing, creative services, and e-commerce. She is deeply committed to making law accessible and regularly lectures on legal, negotiation and entrepreneurial issues at major industry events such as Alt Summit, Podcast Movement and FinCon, in addition to being an expert resource for media outlets such as Digiday and Forbes. You can also watch her as a co-host on The FearLess Business podcast. Various issues can arise when you create and publish a podcast. I know what you`re thinking: “I`m just telling a story? How can I commit an offence? » Want to delve deeper into the copyright, publishing rights and trademark provisions that apply to podcasting? Check it out below. The legal issues surrounding podcasting arise (essentially) from using third-party material you include in your podcast, such as a logo you use to sell or promote your podcast, a song you use in your podcast introduction, a poem you read aloud, interviews with people without the appropriate posts. and more.

The most important legal principles that play a role in podcasts are copyright, publishing rights, and trademark rights. Fair use is a legal doctrine that promotes freedom of expression by allowing the unlicensed use of copyrighted works in certain circumstances. U.S. copyright law permits fair use of copyrighted material for purposes such as criticism, commentary, reporting, teaching (including multiple copies for classroom use), science, or research, and such reproduction does not constitute copyright infringement. The Terms and Conditions section of your website is a contract between you and visitors. It sets out general expectations (including restrictions and restrictions) about how visitors should use your website. Common language features used in the Terms and Conditions include: “By using this website, you agree to all of the terms and conditions set forth below, including (1): do not republish any creation of [insert name of your podcast] Media, LLC… and other important terms. Although terms and conditions are often not required by law, The Browne Firm strongly recommends having this section on its website. Title and name: The first step is to make sure that your podcast name is not already associated with a registered trademark in the media industry and/or that it does not contain a registered logo. As mentioned in my detailed article here, looking to make sure you have the right to the trademark first is a high priority! Finding a lawyer is definitely worth it, as a thorough search can be time-consuming and confusing. If you choose to submit your podcast to the iTunes Podcasts Store, your content must not contain “third-party content or trademarks without legal permission or usage rights.” In other words, you`re responsible for any violations due to your logo, even if you`ve submitted it to the Apple Podcast team for review and they`ve already approved it.

Thinking ahead of time about free speech issues can also help plan your show`s content. Just because it`s a podcast doesn`t mean non-copyright laws don`t apply. Defamation and slander, hate speech, and incitement to violence still apply to podcasts, so think before you publish! Another common question in the podcasting world revolves around using other people`s content. Podcasts are a great way to express your opinion and knowledge on a particular topic or set of topics in front of the audience. It`s not hard to create a podcast. However, originality and uniqueness must be key here. People tend to overlook the legal prospect of starting some form of business, podcasts, in this case. This ignorance can cost them a lot of financial and mental stress if they tend to hurt someone else`s work or art, or even if someone else interferes with their own work.

To avoid all of these problems, it`s imperative that podcast creators pay attention to the fundamental legal benefits the law offers them and protect themselves from such clutter. While we`ve covered a lot of ground here, there are certainly other legal considerations you need to consider before you start podcasting for the masses. The Browne Firm has experience helping creatives become entrepreneurs and become entrepreneurs. Call your Westchester County attorney at 914-530-3070 to discuss your options with our legal team today. So you`ve decided to enter the creative outlet that many people seem to welcome these days – podcasting! Certainly, this is one of the most effective ways for almost everyone to record their thoughts and distribute them to anyone interested. Whether you want your podcast to be a hobby, a side business, or a primary source of income, you need to take a handful of important legal steps to ensure that your podcast and any compensation earned through that business are committed in the long run. Unless expressly agreed otherwise, ownership of copyright belongs to the creator(s). This can cause interesting problems regarding creator groups. When you create a podcast (or other copyrighted content) with others, you all have certain rights and jurisdiction over the intellectual property aspects of your show. Each “owner” not only has the right to transfer their interest in the copyright of the broadcast, but can also update/modify the work or even give others permission to use the work without the consent of others. Unless otherwise agreed, all shares of ownership, including profits and income, are divided equally among all owners.

If these aren`t the most ideal terms for you, a written agreement between creators or the formation of a formal entity that owns the rights to the show and determines how things like ownership and consents work may be something you should consider to protect your interests and content. Many podcast hosts don`t monetize their podcasts and instead create content as a hobby or as a marketing vehicle for their business. Regardless of their purpose, all podcast hosts are content creators who should have a basic understanding of certain areas of law. To make this easier, this article looks at the three different legal issues that can affect a podcast host. The second step would be to obtain the consent of a third party in the event that a podcast uses his work. Preferably, the request would be made in writing, clearly and concisely defining the intended use of the work, and consent to the use would be given in writing and unambiguously. A formal written license agreement signed by both parties is even better! However, permission is not required to incorporate someone else`s work into a podcast in the following cases: If you`re not sure, contact a lawyer who knows podcasting. Trust me, if you can start a podcast, you can definitely master these legal issues. Another way to add content is for someone else to create content for your show, for example: Create a logo for your podcast or find someone to create a theme song or background music. But even if you ask someone to create original content for you, make sure you have documentation, that the podcast artwork is “made for rental,” or that the creator transfers their rights to you (or your company).

This is both a good preparation step to prevent fights later and allows you to build the legal protections around your show. If you haven`t already skipped the legal article (you`re rocking by the way, I see you), your first question is probably “Why does a podcast host have to deal with legal matters?” SEED Law`s mission is to work with entrepreneurs and business owners to provide legal solutions that promote sustainable business practices. In this Blawg, we share practical information and up-to-date resources for entrepreneurs. As a content creator, legal protection of your content is one of the most important aspects of your new adventure.