How To Start Your Own Podcast: A Step-by-Step Guide by Goodwin Ray

Author:Goodwin, Ray
Language: eng
Format: epub
Published: 2023-07-18T00:00:00+00:00

Chapter 11: Legal Considerations

Congratulations! You have created a captivating podcast which has now gained considerable traction among listeners. And the revenue stream has started to build up. That’s great news, right? But have you considered the legal implications of running a show? In this chapter, we will discuss several legal considerations that every podcaster should understand.

Copyright and fair use

As a podcaster, you must ensure that you have permission to use copyrighted material, such as music and sound effects, in your show. You can either purchase a license to use them, use royalty-free options or use material in the public domain. In some cases, you might be able to use clips under “fair use” exceptions, but you should consult with a lawyer to ensure that you are not infringing on anyone’s rights.

Music licensing

Music licensing for podcasts can be complicated, especially if you want to use popular songs from major artists. You will need to secure the proper licenses from the appropriate music rights organizations. You should also be aware that licensing requirements can differ depending on the platform, so you need to do your research.

Trademarks and branding

When creating your podcast brand, it is important to ensure that you are not infringing on any trademarks. You should always conduct a trademark search before using any names, logos, or slogans to verify that you are not infringing on any existing intellectual property rights. You should also apply to register your trademark with the relevant trademark authority to prevent others from misusing it.

Privacy and data protection

As a podcaster, you are likely to collect personal data from your listeners, such as their email addresses and names. You must ensure that you are complying with the relevant data protection laws. You should also have a clear privacy policy detailing how you collect, use, and protect the personal data of your listeners.

Advertising disclosure rules

If your podcast includes advertising or sponsorship, you must disclose that fact to your listeners. Failure to do so can result in the loss of credibility and trust among your audience. The Federal Trade Commission (FTC) in the United States requires you to disclose any sponsorships or ads that you receive.

Defamation

As a podcaster, you should not make defamatory comments about anyone in your podcast. Defamation can refer to making false statements that could cause damage to someone’s reputation, character, or creditworthiness. If you do make such statements, you can be sued for defamation.

Employment and contractor agreements

If you hire people to help you produce your podcast, you should have written contracts in place outlining the terms of the agreement between you and the people you hire. The contract should clearly establish the scope of work, responsibilities, payment terms, and confidentiality obligations.

Insurance requirements

When running a podcast, there are several insurance policies that you would need to consider such as General Liability insurance if you are recording at an event and need protection against lawsuits resulting from injuries, Property Insurance to get protection for your computer, microphone, and any equipment used to record and produce your podcast

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