5 Steps to Defend Your Podcast – Sensible Passive Revenue

Disclaimer: This text is designed to be very useful, however please bear in mind that it’s basic data and never authorized recommendation particular to you. Wesley Henderson recommends contacting an lawyer for personalized recommendation however hopes this data helps you in what you are promoting journey!

I used to be contemporary out of legislation college, working for a giant legislation agency once I first began listening to the Sensible Passive Revenue podcast. I used to be instantly impressed as a result of, like me, the host was a enterprise skilled who went from a “regular job” to turning into a profitable entrepreneur. Each week I seemed ahead to listening to a brand new story, tip, or new mind-set about entrepreneurship. With out SPI, I’d possible have by no means even considered beginning my very own legislation agency, however it has modified my total profession (and life).

Beginning my very own enterprise has allowed me to decide on staff who share my values and to observe different pursuits, together with a non-profit, Driving for Downs, and a slew of different companies. The entrepreneurial mindset has helped me develop professionally and personally, and it’s all because of a easy podcast.

Combining my ardour for the legislation and my curiosity in podcasts, I’ve delved into the authorized features of working a podcast, and I’ve realized quite a bit since opening my agency in 2014. This text outlines 5 steps that will help you keep out of hassle.

Distinctive Challenges of Podcast Regulation

Traditionally, belongings have been simply categorized into subsections like stock, gear, property, and many others. Nevertheless, because the starting of the digital age, classifications have turn into more and more tough. This led to the rise in mental property legislation, which focuses on defending creators and their inventive works, which is what primarily covers podcasts. 

In contrast to different belongings you’ll be able to shield with door locks, safety cameras, and insurance coverage, podcasts must be protected by emblems, copyrights, and contracts. This ensures creators are protected against others stealing their concepts or infringing on their inventive rights. So, when you personal a podcast, it’s essential to assessment mental property legislation and different associated legal guidelines.

Step 1: Defend Your Podcast Identify with a Trademark

For months, you’ve gotten spent limitless hours in your podcast. Issues are lastly beginning to come collectively till you obtain a letter within the mail from a elaborate legislation agency in California that claims “CEASE AND DESIST” in utilizing your podcast title. 

Do you must rebrand, do you want an lawyer, is your whole time for nothing?

This worst-case state of affairs, sadly, occurs very often. For instance, you could wish to begin a podcast about crime scene cleanups and name it Crime Junkie, however that title already belongs to a podcast that talks about felony circumstances from across the nation. This small mistake will be fairly pricey and even require you to rebrand and pay an lawyer

How do you stop this from taking place?

The excellent news is that it’s fairly simple to keep away from infringing. It is best to begin by researching names on-line, hashtags, and many others on the United States Patent and Trademark Workplace web site to make sure nobody is already utilizing your title in the identical trade. To be taught extra about selecting your title, watch this video.

 When you haven’t picked a reputation to your podcast but, then there are two features it is best to contemplate:

1. Be certain the title you select shouldn’t be already getting used and/or trademarked. Your objective is to establish a reputation that may be yours and that has no confusion with some other podcast title. The extra distinctive, the higher. 
2. You’ll finally wish to register your trademark so nobody else can use your title. When to register your trademark is a judgment name based mostly in your finances, however the sooner, the higher.

Step 2: Defend Your Enterprise and your Private Property with an LLC

Every time my spouse and I’m going out to eat, we at all times scan the newest Google opinions. Even with essentially the most well-liked eating places, you inevitably discover these two-star opinions that appear to at all times discover one thing unsuitable and one thing to complain about. I imagine that most individuals are good, however I additionally know all about these two-star reviewer personalities as a result of I find yourself coping with them many occasions in representing my purchasers (and they’re largely what conjures up this subsequent step). 

These tough individuals are the identical ones that write unwarranted dangerous opinions, file lawsuits, and threaten what you are promoting. So after getting a reputation picked, you want an LLC or its equal to guard what you are promoting and private belongings.

An LLC will separate you out of your firm and guard your private belongings. In case your LLC will get sued by a person for cash, damages, or the rest, it’s the LLC that will probably be sued and never you personally. That’s the magic of the LLC: it limits private publicity even within the worst of situations. 

Beginning an LLC might sound like a frightening job however it may be a quite simple course of. There are two issues it is best to contemplate:

1. Create an Working Settlement 

• Along with your LLC, it is best to create the governing doc for it referred to as an working settlement. This non-public doc establishes possession percentages, working guidelines, and different issues. (To be taught extra about working agreements, watch this video.) 

2. Separate Financial institution Account

• I additionally suggest that you simply get a separate checking account. This lets you maintain what you are promoting totally separate. It’s an amazing enterprise follow to your bookkeeping and helps make sure you keep the legal responsibility safety you need out of your LLC.
• Necessary Authorized Tip — make sure to run all earnings and bills for the enterprise out of the LLC account, and do NOT use it for private bills!

You probably have any questions on easy methods to file an LLC, please go to our website, Drafted Authorized, to be taught extra and get the show you how to want. 

Step 3: Use Contracts to Defend Your Cash, Time, and Enterprise 

As an lawyer, I’ve acquired many telephone calls with tales much like this one:

Wesley, an individual I met at Residence Depot stated he wanted assist with an irrigation situation. Since I personal an irrigation enterprise, I provided to return over and look. I went over and was in a position to repair the issue. However then he had one other drawback that he thought I stated I’d repair. He additionally disputed the worth we agreed upon. So, not solely does he need me to do extra work than I agreed to however he hasn’t even paid me. What can I do?

Issues get misplaced in communication. Whereas oral contracts will be enforceable, it’s at all times preferable to have a written contract as a result of then you’ll be able to concretely show the phrases of the settlement. 

The fantastic thing about the contract isn’t just in making it simple to win a lawsuit but additionally it normally prevents the dispute from ever taking place. When the events take the time to place all their expectations on one doc, it turns into fairly clear what’s anticipated, so it avoids misunderstandings.

Contracts set expectations and make your life simpler down the street. Listed below are some basic ideas when making a contract:

• Take a couple of minutes to make clear something which may not be apparent.
• Be sure to deal with issues like cash, deliverables, timeline, and many others. 
• Make the contract simple to grasp and so simple as it may be. 

This behavior of clarifying expectations after which getting the settlement signed will dramatically cut back your possibilities of ending up in a dispute. You’ve already completed the arduous work to ensure you are on the identical web page (and also you’ll have the signed settlement to show it). 

Within the extensive world of contracts, listed below are just a few your podcast enterprise would profit from:

Visitor Launch

The visitor speaker indicators a visitor launch, permitting you to make use of it the way you see match and make derivatives of it, whether or not it’s shorts, reels, or YouTube content material. This ensures you gained’t have points sooner or later together with your company, just like the visitor making an attempt  to have you ever take away or try to regulate the content material later.

For instance, when you have a chef in your podcast and his episode blows up in reputation due to his beef tenderloin recipe, he might later need you to take it down with the hopes that he can get all that site visitors to his web site or podcast as an alternative of yours. Nicely, when you had him signal a visitor launch, he can not power you to take it down as a result of you’ve gotten a transparent settlement. The discharge offers you permission to do precisely what you’re doing (and it additionally releases you from any legal responsibility for doing so).

Worker and Impartial Contractor

When you use impartial contractors and/or staff, it’s essential to put out the phrases of that relationship. This contains all the things from fee to timelines to deliverables. These all have to be outlined as clearly as you’ll be able to.

You probably have impartial contractors creating mental property for the enterprise (reminiscent of logos, ebooks, and many others.), your contracts have to state that the LLC owns this mental property. Inherently, an writer owns their artworks, so it’s essential to expressly state that it’s a work for rent and that the possession of such work is transferred to the LLC. In any other case, you could find yourself with a dispute over mental property possession down the street.

Sponsorship Settlement

You need to have a written settlement when you have advertisers and/or sponsors. For instance, suppose you rent a social media guru to market and promote what you are promoting, and so they overstep through the use of materials that infringes on one other firm’s trademark. You want the choice to terminate the contract or restrict legal responsibility. That is when a sponsorship settlement would come into play, as a result of it ought to embrace termination phrases, fee phrases, supply dates, and many others. This ensures what you are promoting is protected.

Disclaimers

I’m a lawyer, and I’m giving basic data right here. It’s designed that will help you do a greater job together with your authorized framework, however it’s not personalized to you personally. It’s nonetheless good and useful. See what I did there? That is my disclaimer. My disclaimer shouldn’t be obnoxious; simply trustworthy and highlights my limitations.

Disclaimers are mandatory to your podcast to guard you from one thing stated on the podcast. What individuals say will be misinterpreted or misused. For instance, in case you are a health coach working a wholesome way of life podcast, it is best to use a disclaimer such because the one I take advantage of above clarifying that the data and recommendation is basic and never particular. Additionally, when you’re not skilled as a doctor or nutritionist, then simply state that clearly. You’re making an attempt to obviously clarify any limitations your data might have. When drafting a disclaimer, it’s finest to not assume individuals know these limitations, so state them clearly. 

Step 4: Personal Your Podcast Intro Music to Keep Out of Hassle

Though they are saying don’t choose a ebook by its cowl, many choose a podcast by its intro. So whereas it could be tempting to play the theme tune to Skyfall when speaking about international intelligence or use the brand new Taylor Swift tune when speaking about her new album, this generally is a harmful minefield.

Utilizing another person’s materials will be sophisticated and really costly. So as an alternative of taking place the rabbit gap of how we are able to use these well-known songs, we suggest that podcasts use unique music or buy music you’ve gotten the rights to.

In case your finances shouldn’t be restricted and also you’ve recognized a must have tune, go for it (and use an lawyer to assist with the method). 

Nevertheless, when you’re on a finances, save that cash and headache for one more day and follow one thing you personal that you realize won’t trigger you authorized issues.

Step 5: Keep Compliant with the FTC as You Monetize Your Podcast

The Federal Commerce Fee (FTC) doesn’t regulate podcasts as a result of they aren’t “broadcast radio;” nonetheless, they do regulate podcast endorsement. 

If you’re reviewing, endorsing, promoting for, or sponsored by a services or products, then it’s essential to disclose that beneath FTC rules. For instance, when you function a podcast about cooking home equipment and an organization pays you and sends you a field of utensils to try to fee, it is best to disclose that you simply didn’t pay for the merchandise. Usually, if somebody pays you to say one thing or promote one thing, disclose it.

A great rule of thumb is to be upfront together with your viewers, whether or not it’s a sponsor or an affiliate hyperlink. Study extra right here from the FTC. 

Let’s Simplify:  A Authorized Guidelines for Podcasts

To summarize: when you observe these essential authorized steps, your podcast will probably be off to an amazing begin with a correct basis: 

1. Decide a Podcast Identify (you could personal)
2. Get an LLC (with an working settlement and checking account)
3. Personal your intro music
4. Use Contracts
5. Adjust to the FTC 

A lot of this may be completed on a finances with some analysis and know-how (however when you have the finances, you may as well get a lawyer to assist) or with a good on-line authorized companies firm like Drafted Authorized. Attempt to use attorney-drafted templates and web sites with dependable data. You possibly can at all times submit questions on Drafted Authorized’s web site too! 

We hope this text clarifies what it’s essential to do legally so you’ll be able to hit document. Better of luck!