Podcasts are an amazing way to boost your authority in your niche, whether you’re hosting a podcast or being a guest on someone else’s podcast. They’re also a valuable strategy for organic marketing.

When you share your expertise on a podcast, either as a host or a guest, you’re getting your name and your brand out there. After all, if someone is going to listen to you talk for a chunk of time, they’re probably going to think of you next time they have a problem that you can help solve.

With that said, if you’re a podcast host, you may be missing out on a key piece of this puzzle: the legal.

Why You Should Have a Podcast

We’ve already touched on the fact that podcasting can elevate your authority in the eyes of your audience AND how it can serve your business as a form of organic marketing. As a host, welcoming guests to your podcast is a smart way to reach a new audience (the guest’s audience) while also providing value to your existing audience. At the same time, you’re forming a great relationship with the guest by helping her get her name out there and giving her exposure to your audience. It can be such a feel-good, effective way to provide value and literally benefit everyone involved.

And, in case you’re not sold on podcasting, consider just how many people listen to podcasts nowadays! In 2022, 79% of the adult population in the U.S. said they knew about podcasts, and more than 82 million people listened to podcasts in 2021. This number is expected to exceed 100 million listeners in 2024. Why wouldn’t you want a slice of this pie?

The problem is, SO many people take on podcasting without a single thought about what it takes to legally protect their podcast. Here are our top two ways to avoid making this mistake.

2 Ways to Legally Protect Your Podcast

1. Trademark your podcast name

Trademarking your podcast name gives you protection over the naming/branding of your podcast, because it may be different from your business name. On that note, have you heard what’s happening to Meghan Markle?

Her company filed a trademark application to trademark the name of her podcast, Archetypes, and it was initially refused because it’s too similar to someone else’s mark in the classes they filed for. While this doesn’t mean the application will be completely rejected, Meghan Markle now has a few months to respond to the USPTO’s office action (basically an initial refusal) before a final decision can be made.

Don’t make this legal mistake! Meghan Markle’s team undoubtedly includes lawyers, and those lawyers must have believed the examiner would feel that the name wouldn’t infringe on the existing mark in the classes they filed for, but unfortunately for Meghan, they were wrong. Trademarking isn’t a science, applications are always subject to an examiner’s opinion, but the best way to maximize your chances is to work with a lawyer from the get-go.

2. Guest releases

Contracts are so important to your business for so many reasons! Podcasting is no different. Legally responsible podcasting means sending out guest releases to your guests before featuring them, because this gives you that person’s legal consent to share and reproduce the content as you see fit.

A contract ensures there is no question as to who owns the rights to the content and who can make decisions about how the recorded content can be used, shared, marketed, and edited. It’s always better to be clear upfront and have transparency between parties than to just trust or assume it’ll all work out. Why leave it to chance when you can get a super affordable and customizable contract template drafted by a lawyer instead? 😉

Need some contract or trademarking help from a lawyer? We’ve got you! Check out our lawyer-drafted contract templates or check out our trademark services.