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  • Sakshar Law Associates

Podcasts : Protecting the future of Story telling

Podcasts are something that we love to listen. They are informative, engaging and perhaps the most easily accessible.

Depending upon your need and requirement Podcasts can cater to your business in every shape and form. They help in elevating your brand, that in return helps in promotion and further would lead to tapping that potential client that you have been wanting to get on board with.

Entrepreneurs/coaches who are starting out or are already in market have started to look towards creating Podcast. Podcast act as a platform that webs and pieces storytelling and thus they are creating an impact on the customer like never before.

However, with great power comes great responsibility. Creators while doing Podcast or creating Podcast tend to skim over certain details and instead of creating an Original content, it ends up becoming similar or a copy of another Podcast.

At SAKSHAR LAW we have complied the most common issues that are likely to be faced by Podcast creator. Through the upcoming discussion we have given a simple breakdown as to what are the main challenges that you might face and how to overcome them.

While creating Podcast there are three main legal challenges that you might face. These are as follow :


Copyright is meant to safeguard original work of an author. It does so by giving the creator of the fixed work exclusive right to display, perform, make copies or, distribute, and/or prepare derivative works of the original work.

Why is it is important?

A Podcast is a culmination of content material, artwork, logo and promotions. All these elements can make or break your Podcast and thus not executed properly can carry a certain risk of infringement.

Issues that your Podcast might face from the perspective of Copyright Laws

Using Music without permission : Music in its general form attains a degree of copyright protection once it is recorded. Hence it is important to properly source your music and obtain proper authorization before you use it for your Podcast.

Using Artwork without permission : Just like music, any artwork or photography that you use to market your podcast (like, on a blog featuring your podcast, for instance) will either have to be either your original work or be licensed for use from the creator/copyright owner. You also have the option of using photos or artwork that is already licensed and is available for market use.

How to avoid Copyright Claims?

Permission : Permission is your suit of armor that can shield you from the copyright claims. As difficult it may seem try to ensure that you have the proper authorization to use music or artwork. If you feel uncertain, then try to acquire music or artwork through channels that already have licensed music or artwork.

Understanding the relationship of Trademark and Podcast

Trademark as we all know is a unique symbol that helps in distinguishing your goods and services. When you create your Podcast, your podcast name along with your logo that can be trademarked. If you are serious enough to work on your Podcast then Trademarking should be one of the initial steps that you should take.

Your Logo also serves as an identity to your Podcast and you do have an option of Trademarking that as well.

To avoid infringement : Make sure that your content remains original as far as possible.

Publicity Rights and Podcast

Publicity Rights helps in curbing commercial exploitation of an individual's name, image to sell your own services/ products. Publicity rights is an umbrella of rights that encompasses all rights related to curbing unwanted commercial exploitation by using signature, voice etc.

To avoid Publicity Right Infringement : Sign a release, which is essentially a contract that would allow you (the owner/creator of Podcast) to be able to freely use your guest image, voice as part of advertisement or promotion.

It is important to note that Release could be drafted as per needs and requirement. But should cover an overview as to how you will be using/marketing your guest content.

To Recap the above - here is the complete chart that encapsulates all of the above points

Through this guide we have tried to answer all your legal queries regarding Podcast. If you have an questions or would like to seek a consultation then reach out to us and we will be happy to take you onboard

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