Disclaimer: This text is designed to be very useful, however please remember that it’s basic data and never authorized recommendation particular to you. Wesley Henderson recommends contacting an attorney for personalized recommendation however hopes this data helps you in your enterprise journey!
I used to be contemporary out of legislation faculty, working for an enormous legislation agency once I first began listening to the Smart Passive Income podcast. I used to be instantly impressed as a result of, like me, the host was a enterprise skilled who went from a “regular job” to turning into a profitable entrepreneur. Each week I seemed ahead to listening to a brand new story, tip, or new mind-set about entrepreneurship. With out SPI, I might possible have by no means even considered beginning my very own legislation agency, but it surely has modified my whole profession (and life).
Beginning my very own enterprise has allowed me to decide on workers who share my values and to observe different pursuits, together with a non-profit, Driving for Downs, and a slew of different companies. The entrepreneurial mindset has helped me develop professionally and personally, and it’s all due to a easy podcast.
Combining my ardour for the legislation and my curiosity in podcasts, I’ve delved into the authorized features of working a podcast, and I’ve discovered loads since opening my agency in 2014. This text outlines 5 steps that can assist you keep out of hassle.
Distinctive Challenges of Podcast Regulation
Traditionally, belongings have been simply categorized into subsections like stock, tools, property, and so forth. Nevertheless, because the starting of the digital age, classifications have develop into more and more tough. This led to the rise in mental property legislation, which focuses on defending creators and their artistic works, which is what primarily covers podcasts.
In contrast to different belongings you may shield with door locks, safety cameras, and insurance coverage, podcasts must be protected by emblems, copyrights, and contracts. This ensures creators are protected against others stealing their concepts or infringing on their artistic rights. So, in case you personal a podcast, it’s essential to evaluation mental property legislation and different associated legal guidelines.
Step 1: Shield Your Podcast Identify with a Trademark
For months, you might have spent limitless hours in your podcast. Issues are lastly beginning to come collectively till you obtain a letter within the mail from a flowery legislation agency in California that claims “CEASE AND DESIST” in utilizing your podcast identify.
Do you need to rebrand, do you want an lawyer, is your entire time for nothing?
This worst-case state of affairs, sadly, occurs very often. For instance, it’s possible you’ll wish to begin a podcast about crime scene cleanups and name it Crime Junkie, however that identify already belongs to a podcast that talks about felony circumstances from across the nation. This small mistake may be fairly pricey and even require you to rebrand and pay an lawyer
How do you stop this from occurring?
The excellent news is that it’s fairly straightforward to keep away from infringing. It is best to begin by researching names on-line, hashtags, and so forth on the United States Patent and Trademark Office website to make sure nobody is already utilizing your identify in the identical trade. To study extra about selecting your identify, watch this video.
If you happen to haven’t picked a reputation on your podcast but, then there are two features it’s best to take into account:
- Be sure the identify you select is just not already getting used and/or trademarked. Your aim is to establish a reputation that may be yours and that has no confusion with every other podcast identify. The extra distinctive, the higher.
- You’ll finally wish to register your trademark so nobody else can use your identify. When to register your trademark is a judgment name primarily based in your funds, however the sooner, the higher.
Step 2: Shield Your Enterprise and your Private Belongings with an LLC
Every time my spouse and I’m going out to eat, we all the time scan the most recent Google critiques. Even with essentially the most well-liked eating places, you inevitably discover these two-star critiques that appear to all the time discover one thing flawed and one thing to complain about. I imagine that most individuals are good, however I additionally know all about these two-star reviewer personalities as a result of I find yourself coping with them many instances in representing my shoppers (and they’re largely what conjures up this subsequent step).
These tough persons are the identical ones that write unwarranted dangerous critiques, file lawsuits, and threaten your enterprise. So upon getting a reputation picked, you want an LLC or its equal to guard your enterprise and private belongings.
An LLC will separate you out of your firm and guard your private belongings. In case your LLC will get sued by a person for cash, damages, or anything, it’s the LLC that will probably be sued and never you personally. That’s the magic of the LLC: it limits private publicity even within the worst of situations.
Beginning an LLC could sound like a frightening job however it may be a quite simple course of. There are two issues it’s best to take into account:
1. Create an Working Settlement
- Together with your LLC, it’s best to create the governing doc for it referred to as an working settlement. This non-public doc establishes possession percentages, working guidelines, and different issues. (To study extra about working agreements, watch this video.)
2. Separate Financial institution Account
- I additionally suggest that you just get a separate checking account. This lets you maintain your enterprise completely separate. It’s an amazing enterprise follow on your bookkeeping and helps make sure you preserve the legal responsibility safety you need out of your LLC.
- Vital Authorized Tip — you’ll want to run all earnings and bills for the enterprise out of the LLC account, and do NOT use it for private bills!
When you’ve got any questions on easy methods to file an LLC, please go to our website, Drafted Legal, to study extra and get the provide help to want.
Step 3: Use Contracts to Shield Your Cash, Time, and Enterprise
As an lawyer, I’ve obtained many cellphone calls with tales much like this one:
Wesley, an individual I met at House Depot mentioned he wanted assist with an irrigation situation. Since I personal an irrigation enterprise, I provided to come back over and look. I went over and was in a position to repair the issue. However then he had one other drawback that he thought I mentioned I might repair. He additionally disputed the worth we agreed upon. So, not solely does he need me to do extra work than I agreed to however he hasn’t even paid me. What can I do?
Issues get misplaced in communication. Whereas oral contracts may be enforceable, it’s all the time preferable to have a written contract as a result of then you may concretely show the phrases of the settlement.
The great thing about the contract is not only in making it straightforward to win a lawsuit but additionally it normally prevents the dispute from ever occurring. When the events take the time to place all their expectations on one doc, it turns into fairly clear what’s anticipated, so it avoids misunderstandings.
Contracts set expectations and make your life simpler down the street. Listed below are some basic suggestions when making a contract:
- Take a couple of minutes to make clear something which may not be apparent.
- Ensure you handle issues like cash, deliverables, timeline, and so forth.
- Make the contract straightforward to know and so simple as it may be.
This behavior of clarifying expectations after which getting the settlement signed will dramatically scale back your possibilities of ending up in a dispute. You’ve already accomplished the arduous work to be sure to are on the identical web page (and also you’ll have the signed settlement to show it).
Within the broad world of contracts, listed here are just a few your podcast enterprise would profit from:
Visitor Launch
The visitor speaker indicators a visitor launch, permitting you to make use of it the way you see match and make derivatives of it, whether or not or not it’s shorts, reels, or YouTube content material. This ensures you received’t have points sooner or later together with your company, just like the visitor making an attempt to have you ever take away or try to regulate the content material later.
For instance, if in case you have a chef in your podcast and his episode blows up in reputation due to his beef tenderloin recipe, he could later need you to take it down with the hopes that he can get all that site visitors to his web site or podcast as a substitute of yours. Effectively, in case you had him signal a visitor launch, he can’t pressure you to take it down as a result of you might have a transparent settlement. The discharge provides you permission to do precisely what you might be doing (and it additionally releases you from any legal responsibility for doing so).
Worker and Unbiased Contractor
If you happen to use impartial contractors and/or workers, it’s essential to put out the phrases of that relationship. This contains all the pieces from fee to timelines to deliverables. These all have to be outlined as clearly as you may.
When you’ve got impartial contractors creating mental property for the enterprise (resembling logos, ebooks, and so forth.), your contracts have to state that the LLC owns this mental property. Inherently, an writer owns their artworks, so it’s good to expressly state that it’s a work for rent and that the possession of such work is transferred to the LLC. In any other case, it’s possible you’ll find yourself with a dispute over mental property possession down the street.
Sponsorship Settlement
You could have a written settlement if in case you have advertisers and/or sponsors. For instance, suppose you rent a social media guru to market and promote your enterprise, and so they overstep by utilizing materials that infringes on one other firm’s trademark. You want the choice to terminate the contract or restrict legal responsibility. That is when a sponsorship settlement would come into play, as a result of it ought to embrace termination phrases, fee phrases, supply dates, and so forth. This ensures your enterprise is protected.
Disclaimers
I’m a lawyer, and I’m giving basic data right here. It’s designed that can assist you do a greater job together with your authorized framework, but it surely’s not personalized to you personally. It’s nonetheless good and useful. See what I did there? That is my disclaimer. My disclaimer is just not obnoxious; simply trustworthy and highlights my limitations.
Disclaimers are crucial on your podcast to guard you from one thing mentioned on the podcast. What individuals say may be misinterpreted or misused. For instance, if you’re a health coach working a wholesome way of life podcast, it’s best to use a disclaimer such because the one I take advantage of above clarifying that the knowledge and recommendation is basic and never particular. Additionally, in case you’re not educated as a doctor or nutritionist, then simply state that clearly. You’re making an attempt to obviously clarify any limitations your data could have. When drafting a disclaimer, it’s finest to not assume individuals know these limitations, so state them clearly.
To buy all of the templates you want on your podcast, Drafted Authorized has attorney-drafted templates here.
Step 4: Personal Your Podcast Intro Music to Keep Out of Hassle
Though they are saying don’t choose a e-book by its cowl, many choose a podcast by its intro. So whereas it could be tempting to play the theme tune to Skyfall when speaking about overseas intelligence or use the brand new Taylor Swift tune when speaking about her new album, this generally is a harmful minefield.
Utilizing another person’s materials may be sophisticated and really costly. So as a substitute of happening the rabbit gap of how we are able to use these well-known songs, we suggest that podcasts use unique music or buy music you might have the rights to.
In case your funds is just not restricted and also you’ve recognized essential tune, go for it (and use an lawyer to assist with the method).
Nevertheless, in case you’re on a funds, save that cash and headache for one more day and persist with one thing you personal that won’t trigger you authorized issues.
Step 5: Keep Compliant with the FTC as You Monetize Your Podcast
The Federal Commerce Fee (FTC) doesn’t regulate podcasts as a result of they don’t seem to be “broadcast radio;” nevertheless, they do regulate podcast endorsement.
If you’re reviewing, endorsing, promoting for, or sponsored by a services or products, then it’s good to disclose that below FTC laws. For instance, in case you function a podcast about cooking home equipment and an organization pays you and sends you a field of utensils to attempt to charge, it’s best to disclose that you just didn’t pay for the merchandise. Usually, if somebody pays you to say one thing or promote one thing, disclose it.
A very good rule of thumb is to be upfront together with your viewers, whether or not it’s a sponsor or an affiliate hyperlink. Be taught extra here from the FTC.
Let’s Simplify: A Authorized Guidelines for Podcasts
To summarize: in case you observe these essential authorized steps, your podcast will probably be off to an amazing begin with a correct basis:
- Choose a Podcast Identify (which you could personal)
- Get an LLC (with an working settlement and checking account)
- Personal your intro music
- Use Contracts
- Adjust to the FTC
A lot of this may be accomplished on a funds with some analysis and know-how (however if in case you have the funds, you too can get a lawyer to assist) or with a good on-line authorized providers firm like Drafted Legal. Attempt to use attorney-drafted templates and web sites with dependable data. You may all the time submit questions on Drafted Authorized’s web site too!
We hope this text clarifies what it’s good to do legally so you may hit file. Better of luck!
