Podcast Lightbulb Series

Welcome to my new lightbulb series dedicated to podcasters! 🎙️💡

Are you podcasting or thinking of launching a podcast?

Podcasting is a great way to promote ideas, explore interesting subjects, educate and/or entertain. It’s a media form that’s remained hugely popular with consumers of varied ages and interests. Plus, despite the dedication required to build and maintain a thriving podcast, most people who choose to do so love doing it!

However, it’s important to understand that podcasting is a business. More than that, it’s in the media industry, so you will be beholden to a range of legal requirements and regulatory standards. ⚖️

This series was live on my LinkedIn profile in October 2025 and aims to help you navigate the various legal aspects of publishing a podcast to ensure you’re protected and legally compliant.

Let’s begin with an important question –

Q. Can anybody start a podcast?

A. Yes, anyone can start a podcast in the UK. There are no licenses or permissions needed to launch, but when creating and sharing content, there are a myriad of regulations to comply with. Including advertising regulations, copyright laws, privacy, defamation, and more. 🛡️Don’t worry though, this podcasting legal series will guide you through everything you need to consider and provide you with key information.

Q. How do I protect my podcast’s intellectual property?

A.  As with any content you produce, you’ll want to ensure others do not infringe upon your intellectual property. 🛡️

The good news is that in the UK, copyright is automatically assigned to the author, so you don’t need to do anything, technically. ✅ 

However, it can be a good idea to put off potential copyright infringers by displaying disclaimers, the copyright legend, and/or adding an audio clarification to your podcast to confirm all content is your intellectual property. 🎙️

You might also consider trade marking your podcast's name. Trade marking your podcast’s name helps prevent others from using a similar name to piggyback on your success or create confusion with your brand. ⚖️

Q. If I use a platform to publish my podcasts, who owns the content and what are my obligations? 📜

A.        Most likely your podcast will be published on one, or multiple, platforms. Each will have their own terms and you’ll need to agree to those to publish content there. ✅ 

These terms tend to be long, and many people will simply check the box to agree, but I strongly advise reading those terms and making sure you’re happy with the conditions.

Usually, the terms will state you keep ownership of your content and are licensing it to host, distribute and promote.

Other terms you’ll need to check though are:

- Licence scope: Is it exclusive or non-exclusive? Is this national or global?

- Content rights: Can the platform edit, adapt, or monetise your work?

- Obligations: May consist of following community guidelines, avoiding copyright infringement, handling sponsorship disclosures.

Q. How can I use copyrighted materials in my podcast? 🎵🎥

A.  Many podcasts enrich their episodes with clipped audio or video content, and even just by quoting materials. These may well be copyrighted. In the UK, copyright is automatically assigned to the author of the work so unless the copyright has expired (generally 70 years after the author’s death), you’ll need to seek permission to use their works. 📜

However, an important clause for media businesses to note is the ‘fair use’ clause. Fair use allows for the limited inclusion of copyrighted content without the need to seek permission. This is usually specific to using the work for news reporting, teaching, research, critique, comment, etc. 💬

For example, if you use a short clip from a news report, it can be deemed fair use if you’re commenting on the material. However, playing extended segments of copyrighted works for purely commercial purposes may be considered ‘substantial’ use and therefore infringe copyright. ⚠️

Even when usage meets fair use allowances, it’s wise (and only right) to give credit to the original creator.✨

Learn more about the use of copyrighted materials in my Copyright Lightbulb Series. 💡

Q. As a podcaster, what are my data protection responsibilities? 🔐 🎤

A. As with any entity collecting personal information, you must comply with GDPR (General Data Protection Regulations) and other data privacy laws. If collecting listener data (e.g. emails, feedback, analytics), you should be transparent about how you use personal data and offer opt-outs where needed.

A privacy policy must be displayed on your website, linked in your show notes, and linked to whenever you request personal information, such as when somebody subscribes. 📄

Need to know a bit more about GDPR, privacy and data protection? Here’s your suggested reading - https://www.auberginelegal.co.uk/post/data-privacy-and-data-protection-must-knows

Q. Do I need a contract for guests and contributors on my podcast? 🎙️ 👨‍🦱 👩‍💼

A. Oh yes! Whilst you don’t legally need a contract, it’s crucial for protecting you from disputes, which may arise from disagreements over content ownership, payment, or how recordings can be used and/or edited.

In Aubergine Legal’s Podcast Legal Pack, you will find the following legal templates:

• Podcast Guest Contributor Terms and Conditions and Release Form - A formal agreement between podcast owner and the guest speaker, outlining the podcast details, the consents needed to record, edit and publish their contribution, rights concerning intellectual property, data protection, protection from statements made by the guests, and general legal terms, ensuring both parties have a clear understanding of their roles and obligations.

  
  

• Podcast Contributor Agreement - This document sets out clear terms when someone contributes more than just a guest appearance - such as research, co-hosting, or creative input. Podcasters should use this whenever bringing on board collaborators, including producers, editors, co-hosts, researchers and script writers, to avoid disputes and protect everyone’s rights.

Armed with these agreements, you, your guests and your collaborators can be clear on your rights, responsibilities, and permissions. 🤝

Find these templates, as well as other useful documents, guidance and templates for podcasters, in my Podcast Legal Toolkit - (LINK)

Q. How can I legally use music in my podcast? 🎵

A.  Any music you use in your podcast must be either created by you or licensed to you. 📜

Podcasters may opt to use royalty-free or stock music licensed for podcast use or to work with a composer to create original music for the podcast. In case of the latter, podcasters must ensure that licensing the copyright is part of the service agreement.

However, if a podcast wishes to play music that is copyrighted, then they must seek written permission from the rights holder (​​usually the songwriter, performer, and/or record label), or it would be deemed copyright infringement.

Q. Are there legal requirements for advertising and sponsored content for podcasting? 📣

A. Anyone utilising sponsored content or advertising in their podcast must adhere to ASA’s (Advertising Standards Authority) CAP code, as well as the Consumer Rights Act.

This means you must be -

Transparent: Make clear that these segments are ‘Ads’ or ‘sponsored’ content, whenever they are used (e.g, ‘and now a message from our sponsor’).

Truthful: Ensure any claims made can be backed up by evidence. For example, health claims, financial advice, environmental information, etc.

Legal and Decent: No advertising or sponsored content can promote unlawful products or services and must not be offensive, obscene or contain/promote harmful material. Podcasters should also ensure their advertising does ​​not discriminate against people based on protected characteristics under the Equality Act 2010 (e.g., race, gender, disability, religion, sexual orientation). 🚫

Q. Do I need to insure my podcast business? 🛡️

A. It is a very good idea to insure any business to protect yourself/the company.

Podcasters may consider setting up a legal entity (e.g., a limited company) to separate personal and business liability. ⚖️

Insurance is not a legal requirement but helps to mitigate against legal claims, financial loss, accidents, and theft. Types of insurance that do so include:

• Public liability insurance – for injury or property damage in the place of business. 🏢

• Professional indemnity/media liability insurance – protects against claims of defamation, copyright infringement, or misuse of content. 

• Equipment insurance – covers loss or damage to equipment. 💻🎧

For full guidance on ensuring your podcasting business is protected and legally compliant, see my Legal Toolkit for Podcasters (LINK). 📚