Podcasts are HUGE in the business world. If you have a podcast or are thinking of starting one up, here are our quick legal tips to consider:
1. Podcasting is a publishing medium. Be aware of making any defamatory statements! Stick to the truth and facts of any claims or statements you make as you are essentially broadcasting to an audience. Check in with a defamation lawyer for advice on your podcast and how to avoid unintentionally defaming anyone.
2. Depending on the topic of your podcast, ensure you are not publishing information relating to a court proceeding that could land you in hot water. Suppression orders can exist in relation to crimes and current affairs which you may not be aware of. You don’t want to risk contempt of court and being charged with any criminal offences yourself.
3. Be aware of intellectual property and potentially breaching anyone else’s IP. Ensure the podcast name you pick isn’t trademarked by anyone else. Ensure you have rightful ownership over any music used (your theme song for example), your written script and recorded audio. If you want to use anyone else’s copyrighted work, get permission first.
4. If you are advertising any products or services on behalf of other parties (or for yourself) ensure you are complying with Consumer Law. Check out the ACCC (Australian Competition and Consumer Commission) website here for more advice on this.
5. When you have guests on your podcast, ensure you have a guest release form or similar contract to lay out what is expected of both parties. Who owns the copyright to your podcast episode? Who owns the rights to distribute, publish, use and record the episode? The rights to disclose your guests name or other identifying features?
6. Have contracts in place for any employees or sub-contractors you hire to help you create your podcast.
At Litton Legal we can help you legal proof your podcast venture. Whether it’s legal documents you need drafted or advice on matters including IP, get in contact with our friendly team on firstname.lastname@example.org