Podcasting Legally: What You Need to Know About Music, Guests, and Distribution Deals

Podcasting is one of the fastest-growing content formats in the world—offering creators a unique way to build community, monetize expertise, and amplify their brand. But as the industry matures, podcasters are increasingly running into legal issues around music use, guest rights, ownership, and platform agreements.

At The Jones Firm, we help creators navigate the legal side of launching, growing, and protecting their podcast ventures. Whether you’re just hitting record or negotiating a Spotify deal, here’s what you need to know to keep your podcast legally sound and professionally structured.

1. You Can’t Just Use Any Music—Even for Intros and Outros

Many podcasters assume they can use short clips or “non-commercial” music under fair use. In reality, most music is fully protected by copyright, and using it without a license can lead to takedowns, demonetization, or infringement claims—even if your podcast is free.

Legal Music Options:

License music from royalty-free libraries (e.g., Epidemic Sound, Artlist, AudioJungle)
Hire a composer and obtain a work-for-hire agreement
Use tracks with Creative Commons licenses (read the terms carefully)
Purchase proper commercial use licenses for popular songs (often costly)

Pro Tip: A few seconds of copyrighted music is still enough to trigger legal action or removal from major platforms.

2. Always Get Guest Release Agreements—Even for Friends

When you feature guests on your podcast, you’re creating recorded content that may be edited, monetized, or redistributed. Without a guest release, that person could later object to the episode, demand a takedown, or claim rights to royalties or sponsorships.

A basic podcast guest release should include:

Permission to record, edit, and publish the conversation
Waiver of rights to the content
Authorization to use their name, voice, and likeness for promotion
Agreement that no payment is due unless specified

Best Practice: Have all guests sign a release before recording—and store them securely.

3. Define Ownership: Who Owns the Show?

If your podcast has co-hosts, producers, or collaborators, you need to determine who owns:

The show name and branding
The episode content
Future revenue (ads, subscriptions, licensing)
Rights to spin-offs or derivative works

Without a clear partnership or operating agreement, co-ownership disputes can arise—especially as the show gains value.

Legal Tip: Register your podcast name as a trademark, and form an LLC to manage ownership and finances.

4. Review Platform and Network Agreements Carefully

As your podcast grows, you may be approached by platforms (Spotify, iHeart, Apple), networks, or production companies offering:

Hosting and distribution
Sponsorship deals
Exclusive licensing
Ad revenue sharing

Watch out for:

Loss of content ownership
Long exclusivity terms
Revenue splits that favor the platform
Hidden fees or creative restrictions

Have an entertainment or media attorney review any agreement before signing—you may be giving up more than you realize.

5. Protect Your Brand and Monetization Opportunities

As a podcaster, your brand is your business. Make sure to:

Register a trademark for your podcast name/logo
Include sponsorship and advertising terms in writing
Set up a business entity (LLC or S-Corp) to protect your personal assets
Track and report ad revenue, merchandise, and affiliate income for taxes and compliance

Conclusion

Podcasting is more than a passion—it’s intellectual property. Whether you’re building an independent brand or seeking major sponsorships, the legal foundation you lay now will shape how you monetize and protect your content down the road.

At The Jones Firm, we work with podcasters at every stage—from startup launch to streaming deals—to ensure your voice is legally protected and strategically positioned for growth.

Before you hit “publish,” make sure your rights, guests, and brand are secure. Contact us to protect your podcast the smart way.