Podcasting 101: Advising Clients In Preproduction, Production And Distribution

Whether your clients are creating true crime, comedy, or talk show podcasts, a number of agreements are required to turn an idea into production, including deals with host and guests, underlying rights agreements if the podcast is based on pre-existing IP, and production, licensing, and distribution agreements. Join Alexia Bedat, Partner at Klaris Law PLLC, for an overview of podcast distribution agreements and what goes into the podcasting deal-making and clearance process. This program will discuss what goes into the podcast deal-making and production process from conception to derivative work creation including:

• The IP value of podcasts: rights in and to the podcast

• Different types of clients: representing talent vs a production company

• Hosts, guest, independent contractors (work-for-hire) agreements

• Clearance issues: 

• • Licensing materials vs fair use: 

  • • Music

    • Archival materials

    • Cover art

  • ADA compliance

  • First Amendment considerations

• How to advise on the distribution of podcasts and derivative works:

• • Marketing and promotion

  • Advertising & Sponsorship

  • Licensing

Learning Objectives:

1. Review the legal process associated with creating and distributing podcasts

2. Discuss the different types of agreements and individuals a lawyer typically interacts with when helping produce a podcast

3. Identify legal issues and potential roadblocks for lawyers who want to enter the podcasting space