Podcast Law: Music, Guests, Advertising and Contracts with Labels and Platforms

Legal basis for podcasters

A podcast consists of voice, conversation, music and often advertising. Each of these components has its own rules: Music must be licensed, guests must agree to the publication, advertising must be recognizable and statements about third parties may not infringe their personal rights.

Contracts come with success: Podcast labels take over production and marketing, platforms offer exclusive deals. These contracts often regulate rights, revenue sharing and terms for many years. We check and negotiate and secure the podcast name as a brand.

Typical situations in which we help

• You start a podcast and want to use music.
• A guest subsequently demands the deletion of an episode.
• A label offers you a contract.
• A platform wants its podcast exclusively.
• A third uses a similar podcast name.

Legal basis at a glance

Music

Intro, Outro, and Background Music requires a license that covers the use in the podcast and on all platforms. GEMA-free music is not automatically license-free.

Guests

Guests should agree in writing in advance that the conversation will be recorded, edited and published. This prevents later requests from deletion.

Advertising

Host-Read Ads and Dynamic Advertising are to be marked as advertisements. The separation from the editorial content must be audible.

Label and exclusive contracts

The scope of the rights, the term, distribution of revenues, termination and what happens to the archive after the end of the contract are important.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Use music without a license.
• Record guests without agreement.
• Mark advertising not audibly.
• Transfer rights to the name of the label.