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If the legitimate user enters into the Apple Podcasters Program Agreement under the Agreements, Taxes and Banking Services, the name of the legal entity must be used. The name of the legal entity appears in the Agreements, Taxes, and Banking section of Apple Podcasts Connect and as the name of the seller in Apple Podcasts. Of course, this isn`t just bad news. Let`s say you get a book contract based on your podcast. With a signed podcast agreement, you can find all your guests and negotiate with each agreement. And if you want to change your mind about the direction of your podcast and edit or remarket the previous content, you can proceed with a signed podcast agreement without having to worry that a previous guest might try to stop you. The assessment of what is appropriate and proportionate will be context-specific, but licensees/assignees of works may be subject to further scrutiny to justify the basis of their payment models. Buyback fee agreements will be more susceptible to litigation or adjustments than licensing or revenue-sharing models. If a podcast is a significant success and, for example, is the subject of a derivative exploitation, the author or performers can request an increase in their initial payment. Andrea Sager 14:56 Then you need several marks. So when we talk about brands, think about your entire branding. So everything I like to say to people, anything that has a unique name in your business that can most likely be protected by a trademark.

So thank you for your brand name, logo, slogan, podcast name, course name. If you have the name of a department in your company, a line of service products in your company, really anything that has a unique name that can be protected. So my company, for example, my full name, the full name of the company is Andrea Sager Law. Well, the Andrea Sager law is protected. Andrea Sager is protected. And in our store, we have legal printer membership and we have the legal printer podcast. So all these things are also protected. Andrea Sager 7:17 Yes. The short answer is absolute. And I almost grimace when people tell me: Oh, I don`t need a brand.

I`m just a podcaster. It`s just a hobby. This is a minor issue for me. And it hurt me so much. It takes everything in me not only to shake them and say, no, but so yes, absolutely. Podcasters need to have a federal trademark registration, or at least perform a very comprehensive trademark search, to make sure you`re not infringing someone else`s trademark. And even if you don`t make money, you need to know the brands. So I don`t know if you just want to dive into all of this or ask questions. Andrea Sager 23:42 Yes, 100%. Yes. And then one of the other great ones that I highly recommend is a producer agreement. So if you`re not producing your own podcast and you have a producer, you need to make sure that if they don`t provide you with the deal, make sure you provide them with a deal.

And you need to make sure that this agreement says I own my content. As a producer, you don`t own the content unless you know a producer is approaching you, hey, you want to be that host on this podcast, so maybe they actually own it. But these are all things that need to be dealt with in the agreement. And they won`t believe how many people came to me and said, Hey, I wanted to go with a new producer. But the producer, you know, said that he owns the content, that he owns the content of the podcast. What should I do now? So, essentially, and it`s like, okay, there`s no agreement. So you have to go to court and, you know, do all these other things and spend a lot of money. She had a pretty successful podcast, and her producer said he owned it, but really, she was the one who started it. She approached him to produce her podcast after having the podcast for a while.

There are so many things that can happen. There are producers who are looking for talent to host the podcast, and the producer wants to host it. And that`s fine, but what`s not right is that as a podcast host and podcast owner, you turn to a producer to help and produce the podcasts. But then the producers say, oh, yes, I see that this person is not very concerned about business or anything. So, you know, I`m going to change things and say I own it. And it happens. And I`m not going to say it happens every day. But it happens.

So you need to make sure that you are protected and that you don`t make yourself vulnerable to theft of your content. And it`s not just podcasters, I mean, there are horror stories like this with different artists as well as different musicians. I mean, it`s about the treaties and who owns them, you know, what are the rights of all these people? What you usually want is a “work for hire” agreement. A for-hire employment contract, or FMH, can include things like project schedules, work schedule, milestones, and payment agreements. He should also certainly find out what the labor ownership agreement looks like. The obligation of transparency requires information “in particular on the types of exploitation, all the income generated and the remuneration due”. This raises the question of how revenue attributable to a single podcast can be identified and reported. If the producer is allowed to insert his own advertisements and sell his own sponsorship, he will probably have at his disposal considerable information about the income he has generated, and the creators are entitled to it. Similarly, the producer can track where the podcast has been heard, and this is, in turn, information to which creators are entitled. There`s nothing wrong with getting into a healthy discussion about your show. A certain give-and-take regarding the content of a show is normal. Responding to reasonable change requests can improve both the show and working relationships with guests or a co-host.

However, when it comes to changes you can`t agree on, a podcast agreement provides a written recording that protects your rights. If you have any unanswered questions about podcast agreements, please leave a comment below. We will get back to you as soon as possible. Disclaimer: Our lawyers have reviewed this contract. The information provided is provided for informational purposes only and may not apply in your country or country of residence. .