On Demand

Podcasting 101: Advising Clients In Preproduction, Production And Distribution


Created on June 08, 2023





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

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