Podcasting & the Law: How to Avoid Getting Sued or Kicked Out of Apple Podcasts

Entertainment lawyer Gordon Firemark literally wrote  the book on podcasting and the law . Photo by Natalie Champa Jennings.

Entertainment lawyer Gordon Firemark literally wrote the book on podcasting and the law. Photo by Natalie Champa Jennings.

Have you ever wondered, “Can I share a clip of this music on my podcast?” or “Should my guest sign a release form?” or “How do I legally disclose affiliates so I don’t sound like an awkward shill?” Well, you have come to the right place with your podcast legal questions. 


Entertainment lawyer Gordon Firemark joins me on Podcasting Step by Step to discuss: 

  • why your guest should sign a release form and what should be on it;

  • whether you can (or should) choose a podcast name that already exists;

  • how to disclose affiliate relationships on your podcast;

  • what fair use is and whether you can use music, news, or film clips on your show; 

  • the benefits of registering your podcast as a business; 

  • the difference between copyright and trademark and whether you need this for your podcast;

  • if we need formal working agreements when hiring people to help us with elements of our podcast, like show notes and audio editing (you do -- ‘work made for hire’ contracts); 

  • the elements of a podcast sponsorship contract; 

  • the rules of podcast giveaways;

  • the policy that absolutely needs to be on your website (privacy); 

  • the difference between libel and slander;

  • and do we need to worry about GDPR if we don’t plan on monetizing (yes). 


Gordon is THE go-to person when it comes to podcasting and the law. He is good at breaking down wonky legalese and also has one of the most soothing podcast voices I have ever heard. Legal information never sounded so good. 


Of course, we’re not offering legal advice. This purpose of this episode is to answer common questions podcasters have about the law. If you need to talk to a lawyer, I know a good one.   

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