Entertainment and media attorney Gordon Firemark (“the podcast lawyer”) delivers a session on essential legal principles for podcasters using shows as a business or within a business.
Gordon explains that publishing a podcast makes you responsible like a professional media company and outlines key areas to manage risk and build long-term value: forming a legal entity to separate personal and business liability; documenting ownership with written agreements (including “work made for hire” language) for co-hosts, contractors, and contributors; using a “podcast prenup” to define control, revenue, expenses, and exit scenarios; protecting intellectual property through copyright registration and trademark selection/registration (including searching the USPTO and avoiding generic titles), illustrated by a case where waiting to file caused years of trademark conflict; avoiding copyright problems by licensing/using royalty-free content and not relying on fair use as a “get out of jail free” claim; requiring guest release agreements to prevent takedown demands and disputes, including clauses covering editing, repurposing, and AI use; structuring sponsorship and brand deals with clear payment terms and deliverables; complying with FTC disclosure rules for endorsements, affiliate relationships, gifts, and paid interviews; and reducing defamation/privacy risk through fact-checking, respecting NDAs, and using disclaimers for legal/health/financial advice. He closes with resources and where to find him online, including his sites and podcaster community.
Key highlights:
- Why Podcasters Need Legal Thinking
- Gordon’s Podcasting Origin Story
- The Three Pillars of Protection
- Entities and Ownership Basics
- Co-Hosts and Podcast Prenup
- Copyright and Fair Use Myths
- Trademarks and Naming Your Show
- Guest Releases and Control
- Sponsorships and FTC Disclosures
- Defamation, Privacy, and Disclaimers
Resources:
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