For Podcasters

Legal counsel for podcasters and audio creators

Guest releases, music licensing, sponsorship deals, and the rights behind every episode you publish.

How We Help Podcasters

The rights and contract work behind a show built to last.

Guest Releases & Appearance Agreements

Lock down the rights to use, edit, and repurpose every conversation you record.

Music & Clip Licensing

Intro themes, clips, and fair-use questions — cleared before the takedown notice.

Sponsorship & Ad Agreements

Host-read terms, exclusivity, FTC disclosures, and getting paid what was promised.

Show Name & Brand

Clear and register the show title before someone else builds on it.

Co-Host & Producer Agreements

Who owns the show, the feed, and the back catalog when people move on.

Network & Platform Deals

Hosting terms, network agreements, and exclusivity offers worth reading twice.

Common questions from podcasters

Do I really need a signed release from every guest?
Yes — a short, well-drafted release is the difference between owning your back catalog and renegotiating it later. The release should cover the recording itself, your right to edit and excerpt, use across platforms and formats (clips, video, transcripts, books), and promotional use of the guest's name and likeness. A verbal 'sure, record me' covers far less than podcasters assume, especially once the episode makes money or the guest changes their mind.
Can I use commercial music in my intro if it is only a few seconds?
No — there is no 'under 10 seconds' exception. Commercial music requires two licenses (composition and sound recording), and podcast use isn't covered by the blanket licenses platforms hold for streaming. Practical paths: licensed production music libraries, commissioned themes with a written work-for-hire, or properly licensed tracks. Fair use rarely rescues an intro theme — it's decorative use, the least defensible kind.
What belongs in a sponsorship agreement for a host-read ad?
Deliverables and flight dates, approval rights over copy (both directions), FTC disclosure obligations, exclusivity scope and duration (category exclusivity is often broader than the money justifies), makegoods for underdelivery, payment terms, and rights to the ad read itself. Also watch usage rights — sponsors increasingly want to run your host-read as paid media, which is a separate license worth separate money.
My co-host and I started the show on a handshake. What happens if one of us leaves?
Without an agreement, you likely co-own the show's IP as a de facto partnership — meaning either of you can block or exploit the assets, and the feed, name, socials, and back catalog have no designated owner. A co-host agreement settles ownership of the feed and brand, revenue splits, decision rights, what a departing host takes and leaves, and whether the show can continue without them. Do this before the show is valuable; it's a much harder conversation after.
A network wants to sign my show. What should I look for?
Term and exclusivity scope, who owns the feed and the RSS subscriber relationship, ad inventory control and revenue splits, editorial control, what happens to the back catalog and brand at exit, and non-compete tails. The feed is the show — any deal where the network controls your feed or your show name deserves careful exit-scenario reading before signature.
Do FTC disclosure rules apply to my podcast ads and affiliate links?
Yes. Host-read ads, affiliate codes, gifted products, and paid placements all require clear disclosure under the FTC's Endorsement Guides — verbal disclosure in the audio itself for audio ads, not just a line in the show notes. Brands are increasingly pushing disclosure obligations into creator contracts, so compliance protects both the sponsorship relationship and you.

The Legal Landscape for Podcasters

A podcast is a bundle of rights that compounds with every episode: recordings, guest appearances, music, the show name, the feed, and the sponsorship relationships that monetize all of it. Most shows start informal — handshake co-hosts, verbal guest permissions, a theme song from somewhere — and the informality is invisible until the show succeeds, a guest objects, or a network offer arrives and diligence starts asking who actually owns what.

The guest release is the foundation of the back catalog

Every episode without a release is an episode you only partially own. A good release is short enough that guests sign it without friction and broad enough to cover editing, excerpting, clips, transcripts, video versions, and promotional use of the guest's name and likeness. The moment to fix this is before recording — retroactive releases get harder to obtain exactly when they matter most.

Music licensing has no small-use exception

Commercial tracks need both composition and sound-recording licenses, and podcast distribution isn't covered by the blanket licenses that protect streaming platforms. Takedowns, demonetization, and statutory damages all start from an unlicensed intro theme. Licensed libraries and commissioned work-for-hire themes cost little compared to re-editing a back catalog.

Sponsorships are contracts, and the details are where the money is

Flight dates, makegoods, category exclusivity, copy approval, FTC disclosure obligations, payment terms, and usage rights over the host-read itself. Exclusivity and usage are the most commonly under-priced terms: a broad category lock or the right to run your voice as paid media is worth real money and should be scoped and priced deliberately.

Ownership questions get expensive when deferred

Co-host splits, producer contributions, editor work-for-hire, and the feed itself — every unwritten arrangement becomes a negotiation once the show has value. The co-host agreement and contributor paperwork settle who owns the brand, the feed, and the catalog, and what leaving looks like, while everyone still likes each other.

Network and platform deals trade reach for control

The recurring pattern in network, hosting, and exclusivity deals: the show gains distribution and loses some control over its feed, inventory, brand, or catalog. None of that is inherently bad — it just needs to be priced, time-limited, and reversible at exit. The feed and the show name are the assets; deals that quietly transfer either deserve a careful read.

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More for Podcasters on the Blog

Plain-English analysis on the legal questions podcasters actually face — from our attorneys at Promise Legal Insights.

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