Podcasting has exploded in popularity, offering creators a powerful way to share their expertise, entertain audiences, and even build profitable businesses. But while launching a podcast may seem as simple as hitting “record,” the legal side of podcasting is often overlooked—until it becomes a problem.
Copyright issues, defamation claims, sponsorship disputes, and business liabilities can quickly derail a growing podcast if you’re not prepared. Whether you’re a hobbyist or planning to monetize your show, understanding these legal pitfalls will help you protect yourself and your brand as you grow.
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Use Licensed or Royalty-Free Music
One of the biggest mistakes new podcasters make is using copyrighted music without permission. Even a few seconds of an unlicensed song can lead to copyright claims, demonetization, or even legal action.
How to Legally Use Music in Your Podcast
- Use Royalty-Free or Licensed Music: Platforms like Epidemic Sound, Artlist, and AudioJungle offer paid music licenses.
- Check for Creative Commons Licenses: Some music is free to use, but always read the terms to see if attribution is required.
- Commission Custom Music: Hiring a composer or using original music ensures you won’t run into copyright issues.
Even if you give credit to an artist, that doesn’t mean you have permission to use their work. Always verify the licensing terms before including music in your episodes.
Be Careful with Copyrighted Content
Music isn’t the only thing that’s protected by copyright—movie clips, TV show dialogue, and even book excerpts can trigger legal issues.
Can You Use Clips from Movies or TV Shows?
The general rule: If you didn’t create it, you don’t own it. However, some content may fall under fair use, which allows limited use of copyrighted material for commentary, criticism, or education. But fair use is a gray area, and if a company disputes your claim, you could still face legal trouble.
How to Stay Safe
- Use short clips sparingly and add original commentary.
- Avoid monetizing episodes that rely heavily on copyrighted content.
- When in doubt, get written permission or use public domain content.
Some podcasters assume that because they’re a small show, no one will notice. But automated copyright detection systems on platforms like YouTube and Spotify can flag and remove episodes that contain copyrighted material.
Get Clear Agreements for Co-Hosts & Guests
If your podcast has a co-host, contributors, or recurring guests, failing to establish clear agreements can lead to disputes over rights and revenue.
Why You Need a Podcast Agreement
Without a written agreement, conflicts can arise over:
- Ownership Rights: Who owns the podcast and its content?
- Revenue Sharing: How will sponsorship money, ad revenue, and merchandise profits be split?
- Exit Strategy: What happens if one host wants to leave?
It’s best to have a legally binding contract that outlines responsibilities, revenue splits, and intellectual property ownership before launching a podcast with others.
Have Guest Release Forms
Inviting guests on your show can add value, but it can also create legal risks. What if a guest later demands their episode be taken down? Or claims they didn’t approve of how their interview was edited?
Why You Need a Guest Release Form
A guest release form is a simple document that gives you permission to:
- Record and publish the interview.
- Edit the content as needed.
- Use the guest’s name and likeness for promotional purposes.
Getting written consent before recording ensures you have the right to distribute and monetize the episode without legal headaches.
Understand Sponsorship & Advertising Laws
Many podcasters rely on sponsorships to generate revenue, but not properly disclosing paid promotions can lead to fines or penalties.
FTC Guidelines for Sponsored Content
The Federal Trade Commission (FTC) requires that podcasters:
- Disclose all sponsorships and paid promotions.
- Clearly state when a brand has provided free products or payment.
- Avoid misleading claims about a product or service.
A simple way to comply is to include a statement like: “This episode is sponsored by [Brand Name]. We may receive a commission if you purchase through our link.”
Protect Your Brand & Business Structure
As your podcast grows, you may want to think beyond just content creation and treat it like a real business. This includes protecting your brand, finances, and legal standing.
Ways to Protect Your Podcast Business
- Trademark Your Podcast Name: This prevents others from using your brand name.
- Set Up a Business Bank Account: Keeping personal and podcast finances separate makes tax season easier.
- Consider a Business Structure: Some podcasters create an LLC (Limited Liability Company) to separate their personal and business assets, which can help protect against lawsuits or financial disputes.
While an LLC isn’t required to run a podcast, it’s a step that some podcasters take once their show becomes a serious revenue-generating business.
Podcasting is an exciting and creative field, but it comes with real legal risks. Using copyrighted music, failing to disclose sponsorships, or not having agreements in place with co-hosts and guests can lead to disputes—or worse, legal action.
The good news? By taking a few proactive steps—like securing the right licenses, using written agreements, and understanding business protections—you can focus on growing your podcast while avoiding legal trouble.
