Legal Hurdles and Issues for Podcasters

So you want to start a podcast – or maybe you already have. Among the many things to consider as you put yourself and your opinions online, probably the thing you least think about are legal issues. But if you’re in the public eye, you do need to be mindful of the types of things that could get you in trouble.

Here are some legal issues many podcasters forget–but which can end up causing legal problems if they aren’t addressed properly.

Intellectual property – Intellectual property in podcasting could be a blog post in itself, and is the topic of a lot of online legal information. For now, just generally be aware of the restrictions on using anything that belongs to anybody else.

Usually, intellectual property problems come in the form of songs, or movie clips—basically, putting sounds in your podcast that come from someone else’s copyrighted work.

You do have some leeway under the fair use doctrine to use copyrighted works, if you are using them for critique (for example, a movie review), or for opinion, news, or education. Just be sure that you only use what is needed.

Similarly, make sure that you have signed agreements from guests, to use their words, content, or contributions in any way that you may want to use them on or in your podcast.

Defamatory statements – As a general rule, anything you say that is just opinion, or anything that you say that is actually true, cannot be defamatory. But if you are doing a podcast that involves any kind of new reporting or gossiping or talking about anybody at all—make sure that you have your facts straight.

If you are talking about public figures or celebrities, you have a bit more leeway if you err and end up saying something defamatory. But when it comes to non-public figures, even “accidental defamation” can get you sued.

It is not a legal defense to defamation to say that you relied on someone else’s reporting that ended up to be defamatory (for example, you just re-reported what you read in a CNN article).

Privacy laws – It may be fun and make for good content to tell stories in your podcast about other people—say, someone you went on a date with, or someone you saw at a gas station that acted funny, or to talk about a co-worker who was especially strange at work today.

But even if those stories are true-you could be violating their privacy. Anytime you are divulging someone’s personal information without their consent, you risk getting sued for infringing on or violating someone else’s privacy rights.

Advertising – Make sure that it is clear what is an advertisement and what is not. Disguising a sponsored ad as a neutral review can end up getting you in trouble. If you have a product placement or you “name drop” a particular product, make sure to mention that the product or manufacturer is a sponsor of the show, or that they paid for the mention.

Your podcast is your business–get legal advice to stay out of trouble. Call the West Palm Beach commercial litigation lawyers at Pike & Lustig today.

Source:

wavve.co/the-legal-side-of-podcasting-what-you-need-to-know/