Learning Objectives
- Understanding basic legal issues in podcasting
- Free or low-cost legal podcast music and sound effects
- Understanding Creative Commons licenses and Fair Use
Podcasters need to be aware of legal issues – with the biggest red flags concerning the podcast name, interview rights, and the use of music and sound effects. Don’t count on not being sued just because you are the “little guy” or don’t make any money from your podcast.
Unlike commercial broadcasting, podcasters are not regulated by the federal government if they’re not broadcast on radio. However, FCC standards are in force if podcast content does air on public airwaves such as NPR.
The information offered here is general; hire an attorney for legal advice. Creative Commons provides a general roadmap on legal issues for podcasters and there are other free resources online with legal questions podcasters should consider.
Do some research in podcasting apps to ensure no one else is already using the name you’ve chosen and or that it doesn’t violate trademark law.
Oprah Winfrey’s Harpo Inc. settled a lawsuit against a podcast called Oprahdemics, which was forced to stop using the name and brand of the famous talk host, producer, and actress. The chief executive officer of podcast hosting service Simplecast says podcasters should file for trademark protection.
Trademark is a word, phrase, symbol, design, or combination that identifies the goods of one party. Examples include the Nike logo or the phrase “Let’s get ready to rumble,” which was actually trademarked in 1992 by a wrestling and boxing announcer who now licenses the phrase to be used in movies, commercials, and video games.
You can search the federal government’s Trademark Electronic Search System system, TESS on your own, but it can be tricky to do so it’s best to hire a trademark attorney. That doesn’t guarantee your work won’t be infringed upon – but when you do register you have a legal presumption of ownership and can use the TM mark.
Attorney Jeanine Percival Wright writes that the show title is most important, but your logo and artwork also need protection.
The podcast community is somewhat split on the issue of whether you need to have guests sign a release form before they appear on your show.
After all, the guest would not have agreed to the interview if they were not willing to make themself available, so it’s not necessary. On the other hand, a guest might come back years after an interview and decide they no longer want their interview to be public.
To protect your show rights you could ask them to sign a release form like this one available for download, or this one for video podcasts.
Buzzfeed’s Q & A Podcast talked with experts at thepodcastlawyer.com about the pros and cons of guest releases.
Another option, perhaps more practical for hobbyist podcasters, is to get an oral agreement. While recording ask verbally for permission to tape the interview, edit and put it online, on social media and for