LEGAL BEST PRACTICES
DISCLAIMER: This is not official legal advice. Please consult with your legal representation on all matters.
TABLE OF CONTENTS
(Use these links to quick jump to each section.)
CONTENT OWNERSHIP
Talent explicitly owns 100% of their podcast’s intellectual property and, therefore, is 100% responsible for all of the content in each episode, and the entire body of work. Whether Pionaire is involved in the production or editing of the content or not, the Talent is the final decision-maker on what gets published.
PODCAST NAME
As the host and creator, you are responsible for owning the legal rights to your podcast name.
This means:
You must choose a name that is not already trademarked by someone else.
You are encouraged to register your podcast name as a trademark if you plan to grow your brand, monetize, or expand into merch, live shows, or other media.
Just creating a show and using the name publicly does not guarantee you legal ownership.
Best Practices:
Search the USPTO database (www.uspto.gov/trademarks/search) to check if your name is already trademarked.
Do a Google search, Apple Podcasts search, and Spotify search to ensure the name isn’t already in use by another show.
Purchase a matching domain name and claim the name on social media, if available.
If you’re serious about long-term use, consult an attorney to file a trademark application.
PHOTOGRAPHY
For your podcast artwork, get a written agreement from your photographer that gives you rights to use the photos commercially and across platforms. Make sure they understand you will be altering the photograph for your artwork.
MUSIC
Any use of copyrighted music requires a license, even short clips or background music. It is your responsibility to secure permission or licenses for any music used on your show (intro music, outro music, ad bumpers, etc).
For your podcast intro music, we suggest purchasing a license from a service like Audio Jungle, Envato. SoundStripe, Artlist, or Epidemic Sound.
Free resources
Freebeats.io
FreeMusicArchive
Pixabay
Purple Planet
YouTube Music Library
AI resources:
Beatoven.ai
Mubert
Soundful
FAIR USE
According to copyright law, no content created by someone else (whether it’s on TV or from someone’s social media account) is legal to use without their explicit permission.
The “Fair Use Doctrine” is a legal principle in U.S. copyright law that allows limited use of copyrighted materials without obtaining permission from the rights holder, under certain conditions. It is codified in Section 107 of the Copyright Act.
The determination of whether a particular use of copyrighted material constitutes fair use is ultimately made by a court on a case-by-case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict. The only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court.
Consider these factors when determining Fair Use:
1. Why Are You Using It?
– Teaching something
– Commenting on it
– Criticizing or reviewing it
– Telling news
Ex: Breaking down a scene from The Bachelor and adding your own jokes or insights = fair use.
Just reposting the scene with no commentary? Not fair use.
Also: if you change it or add something new (called “transformative”), that helps. Like turning it into a parody or remix.
2. What Are You Using?
Using clips from news or factual stuff is generally safer. Using stuff that’s super creative or produced by professional entertainment companies (like TV show clips, music, movies, etc.), is more difficult to claim fair use.
3. How Much Are You Using?
Less is more!
Use just the smallest clip you need to make your point.
Don’t show the best or most famous part if you can avoid it.
Ex: A 10-second clip to talk about someone’s editing style? Generally okay. Posting the entire music video in your vlog intro? Not fair use.
4. Are You Hurting the Original?
If your content could replace the original (like people would watch your post instead of buying or streaming it), that’s not fair use.
Best Practices for Creators
– Keep clips short.
– Credit the creator or source. Although attribution alone doesn’t establish fair use, crediting the creator shows good faith.
– Add your own voice, face, jokes, or analysis.
– Don’t use the same clip over and over in ways that could substitute for the original work.
– Keep records of your decision-making process on why you think your use is fair.
– When in doubt, consider obtaining licenses or permissions for clips to avoid legal risks.
– If you regularly plan to use copyrighted clips, consult an attorney.
⚠️ Important Reminder:
Fair use is a legal defense, not a free pass. If you’re not sure, or you’re building a business around your content, talk to a lawyer or get permission from the content owner.
PODCASTING RESPONSIBLY
Please review the platform content and community guidelines for Apple, Spotify, and YouTube.
DISCLAIMERS
It’s important not to mislead your listeners or imply that you are an expert in something that you’re not. To protect yourself, it’s a good idea to verbally acknowledge that you are not an expert and put a disclaimer in the description of all episodes:
Category examples:
Financial / Investing Advice
Medical Advice/Opinion
Scientific Theories
Health/Wellness Advice
Mental Health Advice
Legal Advice
What to say at the beginning of the episode:
“Hey guys, today we’re talking about (CATEGORY). Remember, this podcast is for entertainment purposes only and we are not experts. Always seek out personalized advice from professionals.”
Even if you have an expert on your show as a guest, it is still a good practice to say something to the effect of:
“The information provided in this podcast is for informational and entertainment purposes only and does not constitute professional advice. Please consult with a / your __________ for personalized advice and guidance.”
Examples:
“Please consult with your doctor before making any decisions about your health” (used in medical context).
“Please consult with your financial advisor before making any investment decisions” (used in financial context).
“Please consult with your attorney before signing any legal documents” (used in legal context).
What to put in the description and as a lower third on screen:
“This podcast is for Entertainment Purposes Only.”
CONTENT WARNINGS & RESOURCES
When the podcast content covers sensitive topics it is good practice to provide a content warning at the beginning of the episode and in the episode notes. It’s also advisable to offer resources to your audience in the form of contact information for assistance also included in the episode notes.
What to say at the beginning of the podcast or segment:
“Hey guys, quick content warning. Today we’re talking about (CATEGORY) which may be distressing or triggering for some individuals.”
What to say at the end of that segment or at the end of that episode:
“If you or someone you know is struggling with (CATEGORY), please reach out to (RESOURCE).”
Resource Suggestions
Addiction
Alcoholics Anonymous: aa.org
Gambling Anonymous: gamblersanonymous.org
Narcotics Anonymous: na.org
National Drug Helpline (SAMHSA) 1-800-662-HELP (4357)
Children / Teen Specific Resources
Crying Baby Hotline: 1-866-243-2229
Childhelp National Child Abuse Hotline: 1-800-4-A-CHILD (1-800-422-4453)
National Center for Missing and Exploited Children: 1-800-THE-LOST (843-5678)
National Runaway Safeline: 1-800-RUNAWAY (1-800-786-2929)
Teen Dating Violence & Abuse (Love Is Respect) Hotline: 1-866-331-9474
Domestic Violence / Abuse
Childhelp National Child Abuse Hotline: 1-800-4-A-CHILD (1-800-422-4453)
National Domestic Violence Hotline 800-799-7233
Teen Dating Violence & Abuse (Love Is Respect) Hotline: 1-866-331-9474
Human Trafficking / Missing Persons
National Center for Missing and Exploited Children: 1-800-THE-LOST (843-5678)
National Human Trafficking Hotline: 1-888-373-7888 or text HELP to 233733
National Runaway Safeline: 1-800-RUNAWAY (1-800-786-2929)
Mental Health
National Eating Disorders Association: www.nationaleatingdisorders.org
National Disaster Distress Helpline: 1-800-985-5990
National Maternal Mental Health Hotline:
Postpartum Support International (PSI) – 1-800-944-4773 or download “Connect by PSI” in your app store.
Suicide and Crisis Line Dial or Text 988
Trans Lifeline: 1-877-565-8860
Veterans Crisis Line: Call 988 then press 1, or text 838255
Sexual Assault
National Sexual Assault Hotline: 800-656-HOPE (800-656-4673)
⚠️ Be mindful when sharing medical, financial and scientific information if you are not an expert in the field. Use generalized language rather than absolutes and structure the message around your personal experience rather than direct advice.
UNVERIFIED INFORMATION
When discussing criminal accusations, scandals, or any unverified claims, always use cautionary language such as “allegedly”, “reportedly”, or “according to [verified source].” This helps protect you and the company from potential defamation claims.
Remember:
– Saying “allegedly” doesn’t give you a free pass to speculate recklessly.
– Always attribute the information to a credible source if available.
– If there’s any doubt about whether a statement could be considered defamatory or false, leave it out or run it by your lawyer first.
– When in doubt: frame it as a question, quote, or opinion, not as a fact.
FINANCIAL DISCLOSURES
Under Section 5 of the Federal Trade Commission Act, it is illegal to engage in “unfair or deceptive acts or practices in or affecting commerce.” This includes failing to clearly and conspicuously disclose when you have a material connection to a brand, like being paid, gifted, or having an affiliate relationship.
What counts as a material connection?
– You’re paid to promote something (sponsorship).
– You got a free product or service.
– You have an affiliate link (and earn a commission).
– You’re an employee or have a business relationship.
What do you need to do?
– Make the disclosure clear, upfront, and unavoidable.
– Say it in plain language (e.g., “This episode is sponsored by…” or “I received this product for free.”)
– In audio, say it early and clearly – don’t bury it at the end.
– If there’s a link involved (e.g. affiliate), say something like: “If you buy through this link, I may earn a commission.”
What does this look like for your show?
Include “sponsored by” before any advertising link in the description and verbally acknowledge that the host read ad is “sponsored by” the advertiser.
Read more from the FTC’s Disclosures 101 guide for influencers.
CALL DISCLOSURES
In most states, a “one-party consent” law generally allows you to record a phone call if you are a party to it, or if at least one party consents to the recording. However, if you intend to broadcast a recorded call, or broadcast a live call, you must inform the other party at the beginning of the call that it may be broadcast, according to FCC regulations.
Example: You call someone while your podcast is being recorded with the intent to include all, or a portion of, that conversation in the final episode that is being published (“broadcast”).
Best practice is to identify yourself, state that the call is being recorded for possible broadcast and immediately ask for the call recipient’s permission to proceed.
“Hello my name is _____ from _____ and this call is being recorded for possible broadcast. Do I have your permission to record you?”
If they say, “NO”, you must stop recording or hang-up immediately. If they say, “YES”, you are allowed to proceed with the recording.
PRO TIP: Keep the unedited master recording with their answer on it for your records.
GUEST RELEASES
Some shows opt for having guests sign a release form before recording any interview or appearance on the show. This protects you ensuring you have the legal right to use their voice, likeness, and content across all platforms. If this is of interest to you, please work with your legal representation to create a custom release for your show. If you need an example release form, we are happy to provide.
For more information, reach out to VP of Podcast Operations, Kacey Spivey, at kacey@pionairepodcasting.com.