Introduction

Podcasts are a great way to share your message with the world, but in order to do that, you need to be able to protect what you create. In a contract, you can lay out expectations with the parties who participate in the creation of your podcast.

Contracts are a legal agreement between two parties. They are used to define the rights of the creator and the rights of other participants such as your guests.

Podcast creators should use contracts to ensure that they retain control over their creative work.

Why Your Podcast Needs Contracts?

Contracts are the best way to protect your podcast. They can help you address copyright, intellectual property, and other legal issues.

Contracts are also a great way to set clear expectations with your guests, sponsors, co-hosts, and others who participate in the creation of your show. You need to understand what they want from you as well as what you expect from them.

Tools of the Podcast Trade guest, Attorney Eric Farber tells the story of a content creator who couldn’t use the footage of his own activities.  Unfortunately, he had no contract with the photographer who died and his widow refused to sign new documents.

Podcasts are a relatively new form of content, and they are growing in popularity. There are many benefits to podcasting, but there are also risks that come with it.

Disclosure: Some links in this post are affiliate links. This means that if you make a purchase after clicking these links I may get a small commission. Thanks.

A contract is one of the most important aspects of podcast protection. It protects the creator’s work and ensures that they will receive credit for their work. A contract also protects the creator from potential legal issues that can arise from copyright infringement or defamation.

Have a guest release handy and make sure every one of your guests signs one.

“If you want to make money off of the stuff that you're doing. You better have contracts.” Eric Farber

Guest platforms like PodMatch include a guest release in their pro version.  Once you and the guest connect the guest is required to sign the release.  PodMatch then emails the release to you once the guest signs it.  

A second option is to use Eric’s service at Creators Legal where you can subscribe and get access to legal forms such as the Guest Release.  Once the form is signed electronically you can store it on the platform in a “digital briefcase”. 

Who Should Have a Contract

Recently I’ve gotten pushback from two potential guests who refused to sign my guest release.  One went as far as to rewrite sections she was “willing” to sign.

I turned both interviews down because people have short memories. Make sure your guests sign a guest release.   Guests who are professionals and have good intentions won’t object.

You’re giving them free publicity and you need some measure of protection.  As a content creator, you have an obligation to yourself to secure your rights in the product you create.  

Anyone who does work on your podcast should sign some form of contract with you.  

“Contracts help build relationships because they're setting out those expectations of people.” Eric Farber

Do you have a co-host?  What about a repeated guest?  Or a person you use to take photos or videos? 

Make sure each of these individuals sign a form stating clearly what the expectations are for both parties.  On Creators Legal, which is like the Legal Zoom for content creators, you will find almost all the forms you need.  For around $100 per year for unlimited forms, it’s a bargain you won’t want to pass up.

But I’m sure there are other platforms out there.  Just get these contracts executed and protect your creation.

Even if you are just podcasting for fun.  Protect yourself.  Just in case it becomes more in the future.

What if your guests — a friend you met on Facebook – becomes famous or successful? 

Do you think you will be allowed to keep that interview public?  Are you willing to take that risk?

Conclusion

As a new podcaster, you have a lot to think about.  There are many facets you have to consider as you navigate your new broadcasting career.

The work you do on your podcast represents your bundle of rights.  It’s up to you to lock in those rights so you don’t see all of your hard work go down the drain. Or worse you are forbidden from continuing because you are infringing on someone else’s intellectual property or some other rights.

Even if you’ve already started podcasting and haven’t gotten any contracts in place. Start now. At least do the minimum and have each of your guests sign a guest release.  And have your co host sign an appropriate contract.

DISCLAIMER: This post is for information only and does not constitute legal advice. Please seek the service of an attorney if you have questions or concerns about your situation as a content creator.