Podcast Agreements 101

The podcast industry has grown significantly in recent years, with industry reports indicating the global podcasting market reached approximately $18.6 billion in 2022, according to Grand View Research. This growth creates opportunities for creators, advertisers, and distributors alike. Whether you're an established podcast producer or host, launching your first show, joining as a co-host, or appearing as a guest, understanding podcast agreements can help protect your creative work and financial interests. Your voice, your content, and your brand may benefit from legal protection that helps you maintain control of what you've created.

A good podcast agreement will clearly define who owns what from Day One. Intellectual property rights in podcasting typically include not just the audio recordings, but also show outlines, formats, episode structures, and recurring segments. If you created the show concept, you may want to protect your ownership rights even if others join as hosts or producers.

Royalty structures vary widely across the industry, and understanding them can help protect your income potential. Revenue-sharing agreements typically specify how advertising income, sponsorship deals, subscription revenue, and merchandise sales will be divided. It's generally advisable to be cautious of agreements that promise future payments based on vague metrics like "success" or "profitability." Clear formulas tied to measurable revenue streams tend to provide better protection.

Non-compete, non-solicitation, or restrictive covenant clauses can potentially limit your ability to work in podcasting after a relationship ends. These provisions might prevent you from starting a competing show, appearing on similar podcasts, or even discussing certain topics. Legal experts generally recommend that such restrictions be narrowly tailored in scope, geography, and time period. Overly broad revenge clauses can potentially lock you out of your own industry. While unenforceable in certain jurisdictions, such clauses can be costly to contest.

Ownership of podcast assets can affect both current income and future opportunities. Audio recordings are typically owned by whoever pays for the production, but this default can often be changed by agreement. If you're investing your time, creativity, and reputation, you may want to consider securing ownership rights that reflect your contribution.

Transcripts have become increasingly valuable as podcasts expand into written content, books, and educational materials. Many creators overlook transcript ownership, only to discover later that they may not be able to repurpose their own spoken words. It's generally recommended that your agreement address who can create, own, and monetize transcribed content.

Branding elements like show names, logos, taglines, and social media handles can be protected through trademark registration. If you developed the brand identity, losing control over it can mean starting over from scratch if the relationship ends. Consider who controls the show's social media presence, website, and email lists, as these assets often represent years of audience building.

Revenue sharing in podcasting can be more complex than it first appears. Advertising revenue might include pre-roll, mid-roll, and post-roll ads, each with different rates and split arrangements. Sponsorship deals could involve flat fees, performance bonuses, or long-term partnerships with escalating payments.

Subscription and premium content revenue requires careful consideration of production costs, platform fees, and content creation responsibilities. Some agreements split gross revenue equally, while others deduct expenses first, then divide what remains. Clarity from the outset regarding which expenses can be deducted and who controls spending decisions can help protect you from surprise reductions in your share.

Dynamic advertising insertion and programmatic ad sales create ongoing revenue streams that may not be immediately apparent. Your agreement should address how these emerging revenue sources will be handled to help ensure that you receive your fair share of all income generated in connection with the distribution of the podcast.

Guest release forms help protect both the podcast and the guest by clarifying permissible usage for the content that results from an interview of a subject or the sound recording of a guest host who participates in an episode of the podcast. Standard releases typically grant permission to record, edit, and distribute the conversation across all platforms and formats. However, guests should generally understand what rights they're granting and what control they retain.

Broad release language might allow the podcast to use guest content in ways that weren't originally discussed, including repurposing clips for advertising, creating derivative content, or licensing the material to third parties. Guests with their own brands or businesses should review release documentation carefully before they sign, to determine how their appearance can be used and whether they can approve certain uses. Everything is up for negotiation and changes can be made to forms … but only until you sign on the dotted line.

Some creators consider whether guests should receive compensation for their appearance, especially if the podcast generates significant revenue or if the guest's expertise is central to the show's value. Some high-profile guests now negotiate appearance fees or revenue shares, particularly for shows with substantial commercial success.

Distribution agreements with podcast platforms and networks can significantly impact your control and income. Exclusive distribution deals often provide upfront payments or guaranteed promotion, but they may also limit your audience reach and future opportunities. Non-exclusive agreements typically offer more flexibility but may provide less financial support.

Platform terms of service vary significantly in how they handle content ownership, revenue sharing, and creator rights. Some platforms claim broad rights to podcast content, while others simply provide hosting and distribution services. Understanding these differences can help you choose platforms that align with your goals and protect your interests.

Non-compete and non-solicitation clauses in distribution agreements can be particularly restrictive, potentially preventing you from moving to competing platforms or working with other networks. Legal experts generally suggest these restrictions should be time-limited and reasonable in scope, allowing you to pursue opportunities that better serve your career and audience. Some distribution agreements include automatic renewal terms that can potentially lock you into unfavorable deals for years beyond your original commitment.

Network agreements often contain some of the more aggressive non-compete clauses, sometimes preventing creators from working in podcasting entirely for specified periods after termination. These broad restrictions may extend to social media promotion, guest appearances on other shows, or even discussing topics related to your former podcast.

Protecting your creative efforts in the podcast industry begins with clear, comprehensive agreements. Taking the time to address rights, royalties, branding, revenue, guest releases, and distribution can help safeguard your interests and set the stage for long-term success. When in doubt, seek legal advice to make informed decisions and ensure your voice and work remain protected. Hrbek Law is here to guide you every step of the way and help protect you and the future of your podcast.