Legal Resources for Podcasting

This series relates to the legal landscape of podcasting. Lutzker & Lutzker has been advising major publishing and individual clients in this area since 2010. Sixteen years later the industry has evolved significantly, but the underlying premise remains unchanged: creators benefit from a proactive legal strategy for content creation and distribution.

Intellectual property law provides several layers of protection, including the ability to register elements of a podcast as trademarks or copyrights, address ownership and licensing through contracts and document sources to mitigate potential defamation risks. In addition, there are regulatory concerns.

These protections are especially important because podcasts are frequently edited, repurposed and shared as short-form media across multiple platforms, often reducing a creator’s control over how material circulates.

Our team looks forward to working with you on your podcasts from pre-launch to international distribution. A non-exhaustive menu of services we provide to podcasters includes:

• Copyright & Trademark Protection
• Co-Ownership Agreements
• Podcast Guest Releases
• FTC Endorsement Compliance
• Music Licensing Review
• Defamation Risk Assessment
• Content Clearance
• Fair Use Analysis
• Pre-Publication Legal Review
• DMCA Takedowns
• Content Licensing & Distribution

For more information see:

• Protecting Your Podcast: Intellectual Property Issues Every Podcaster Should Know
• Protecting Your Podcast: Licensing

For further reading from our website on related topics see: Introduction to Music Copyright, The New Songwriters: AI, Music and the Law, Copyright and Trademark Co-Ownership, Contracting Checklist for Intellectual Property Co-Ownership Agreements.