Welcome to podcast answers. That's right. This is the show where I help people start
and grow their podcasts, answering any podcasting questions along the way. That's right. We
are back with a new episode. Happy Thanksgiving to everybody who is in the U.S. I hope you're
spending some time with your families. And if you're talking about podcasting and you're
thinking about starting a podcast, I can help you do that. I provide consulting for podcasting
and full service options from editing to posting to promoting whatever you need to do with
your podcasts. I do it. And so if you're with your people this weekend for Thanksgiving
and you start talking about podcasting, because you know, who doesn't start about talking about
podcasting when they're hanging out with their family? What else do you have to do? Right?
I mean, eat turkey, talk about podcasting. If you want to start a podcast, I can help
you podcast answers.com slash contact is the place to do that. Because again, I want to
get everybody started a podcast because podcasting is fun. So today, though, we are talking about
navigating legal issues and just and copyright issues. So we're talking today, when you start
a podcast, there are things that you need to think about because you could get into some
major trouble if you don't take those things into consideration. And so first thing we're
going to be talking a little bit today is about music. And that's going to be, you know,
you may be tempted to put things like ACDC back in black on your podcast, but I would
not recommend doing that because you will get in trouble for it. You may think no one's
going to be listening to it. And you may think that you don't have to worry about anything,
but that is not true. That is not the case. You will get in trouble for it. So there are
some ways around it. There is lots of royalty free music that you can use. One of the ones
and that's actually where I found the music for this podcast. That's the, you know, this
track here is actually something from YouTube music, not YouTube music, but YouTube has
a music selection that they allow you to use underneath your tracks and underneath your
videos. And I've been able to, I've used it for this podcast too. I am broadcasting this
podcast on YouTube currently as I, as I do it live because I like having a live podcast.
It's a lot of fun, but you can use YouTube to get some royalty free music that you can
use other places that you can use it for. Also are pond five.com. I've, you can buy a track
there. So well, one of the things that you have to watch out with the YouTube music is
sometimes you have to do attribution on it, meaning you have to listen, you have to put
in, you know, who the artist is in your, in your episode description. But the other thing
to do is, you know, pond five.com is a great place. You can buy a track. I've been able
to buy, buy a track for one of my other podcasts and you can just use it as you, as you play
your podcast because once you buy it, it's legally yours to use as long as that's what
you're, you know, as long as that you've been able to clear, clear that with pond five.
There's lots of more different websites for that too, though. You can use epidemic sound
and that's going to be a subscription. So pond five is used by the track. You go in,
you'll listen to it. You say, Hey, I want to, I want to buy this track and you buy the
track and you're able to use it with pond or with epidemic sound. That's a subscription
and you get basically pay a monthly subscription. And as long as you're paying that, you can
continue to put tracks from their library into your podcast and listen and have that
as your sounds. And, you know, you can change that up if you want to do a different sound
for tomorrow. You know, next episode, you can change that episode up. You change that
artwork up from epidemic sound. And so again, that's a subscription, but it clears you.
What you do with epidemic sound is you, you clear channels. So you say YouTube, I want
to clear my YouTube channel so that that way they know when, when someone or YouTube's
algorithms report it, that you're clear to use it because you have a subscription. So
again, music is one of the big things that we have to think about royalty free. I would
stay away. You know, I've heard things where people say I can use it fair use. I'm going
to play 10 seconds of, you know, ACDC black and black. And I just would not do that because
you're going to get, you are going to get copyrighted every time and you don't want
to do that. You don't want them to take that down. And so you're definitely going to want
to, to not use anything under the guise of fair use just because that's something that
I would stay away from. Now the next thing that I would, I would warn you about is having
your guests sign a release form. So yes, you may have your guests come on and your guests
may say, yes, I want to be on your podcast, but then next, you know, a week from now,
they may come back and say, no, I didn't really like that or I don't give you permission for
it. And they can take you to court on that. And so I would have them sign a release form
and that way they can, they are held to, you can take, that's a legal contract you can
take and say, no, you've signed this release form that I own this media. You did, we're
a guest on my show in no, there was no exchange of anything for it, value for it, but you
were a guest on my show. And so that allows you to say, no, you've released that episode
and what you've set out. Now some people take that a step further and say, you know, I'm,
I will edit it and you can listen to the podcast before I release it. But for me, what I do
is I have people sign my release form, which basically says anything that you've said on
the show can and will be on the show. Now I usually tell them afterwards, if you decide,
you know, right after the show that you shouldn't have said that, that it's okay to go ahead
and contact me. I will edit it out as long as it's before the release of the episode.
So have them sign a release form. And then what I would do is also on your own edit out
anything that you think might cause legal issues. So let's say your guest said something
that later when you're editing set, you say, I don't know legally if I should put that
in my show because it's just some, there's just a little bit of controversy on it or
it may come back to bite me. So like you as the editor have the right to edit those things
out and you, you should, if you think it's may cause legal issues because you as a publisher
can be held responsible for it. Now, if you are contacted later about an episode, consider
it taking it down. I had one in one of my podcasts where a previous guest came in and
said, you know, I would really appreciate if you would take this episode down because
of XYZ. And so I considered it. I said, you know, I'm your friend. We were friends and
I care about you because if I didn't take it down, yes, I didn't legally have to take
it down, but I took it down because I care about the person and I didn't want them to
get hurt over what was said in the podcast. Yes, they were responsible for what they said,
but ultimately I cared more about my friendship. And so I took that episode down. So again,
consider that it's not that big of a deal. If later you need to come back and take an
episode down. Now be careful for what you say to in your podcast because you could be held
liable for things that you say and liable is basically where you say a way that you
publish a false statement and it's damaging to a person's reputation. So let's say you
said something about a famous person and it was a false statement and damages their reputation.
They can come back and sue you for liable. And so just make sure that what you're talking
about, you can't be held liable in any way. Make sure that you have 100% true statements
and don't say anything that could be damaging to a person's reputation, even if you think
it may be true because you can be held responsible for that. Now the last thing that I would
say you need to be careful with as far as legal issues go. And again, all of these things
are coming from me. I am not a lawyer. And so I don't know what you can and can't 100%
be sued on because I'm not a lawyer. And I will give you a recommendation on a lawyer
that's good with podcasting in case you want to one or need one. But the last thing that
I would say to consider is in naming your podcast. Don't use products or company names
in the title of your podcast unless you are that company. So don't call yourself the Coca
Cola fan club. Even if you say the Coca Cola fan club or the unofficial Coca Cola fan club
or whatever, I would be cautious of how you use things in your name because those companies
can come back and sue you if you are not the owner of that trademark, that copyright, that
name. So I would just be super careful with that. And then also search for other podcast
names that are like yours. Now, this is not 100% legal. You can still use the name, but
be careful because make sure it's not copyrighted. So if somebody has a copyright on the name,
don't use it. Like I wouldn't try to use something like maybe podcast answers or dudes and dads
podcast, which is my other podcast, because it's kind of a specific name. But you can
use things like let's talk or let's talk about it or real talk. Those are, but the one thing
you have to know about those is lots of podcasts have let's talk or real talk or let's get real
or let's talk or things like that. So your podcast isn't going to stand out because it's
going to be hard to find because if I search for let's talk about it, 150 other shows are
going to come up and those may or may not be yours. So you do need to be careful about
naming your podcast because you don't want to put a product name in there, but you also
want to not use a name that's so generic that people aren't going to find your podcast.
So those are the things that I would say that you need to consider about when you're thinking
about the legal issues of your podcast. And again, this is not a hundred percent exhaustive
list, but these are just some things that I thought of about legally and copyrighting,
you know, copyright issues that could come into play in your podcast. So with that though,
I did say that I was going to recommend a podcast lawyer and that person is Gordon Firemark
and Gordon is a lawyer, but he's also specializes in podcasting topics. He's a podcaster himself.
And so he's very, very familiar with issues that can come up to podcasters. In fact, he's
the one that kind of gave me the template that I use for the podcasting and released form
for my guests. And this is a generic thing. He didn't give it specifically to me, but
he had it on his site. And so I used it because I wanted to cover my basis on my guests to
make sure that I wasn't going to be in violation and then have, I wanted to cover myself there.
So I would check out Gordon Firemark. If you are, if you are going to be looking for a
podcast lawyer. So guys, I was thinking about doing something for this podcast. Would you
like to see this podcast in video form in your podcast app? Now I do post this live.
We do a live YouTube video. And I also post the video to it to YouTube after the fact.
But I do stream audio live in new podcasting apps because some new podcasting apps can
show a live audio and live video feed of the podcast episode. You get alerted in it when
your favorite show goes live. And for me, I go live a little bit early before any other
app, any other place like slow YouTube. I don't start the podcast on YouTube for a little
while, but I do normally start the audio stream early. And the reason I do that is kind of
a little bit more of a behind the scenes look into that. And so I do start that early. And
so I can do that live video also in podcasting apps. So if that's something that you would
like to see, I'm looking for some people to partner with me. It'll be about $10 a month
or so. And I can with doing that, I can provide live video while recording in some of the
podcast apps. If you want to help provide that, get in contact with me. Hello at podcastinganswers.com
because I would love to do that. And then I can, I'm also thinking about starting a service
for other podcasters to use that they can stream live video to. So again, if you want
to help me out and stream this video live on new podcast apps, $10 a month will get you
there. Hello at podcast dancers.com guys. Have a safe week. Happy Thanksgiving and just keep
on podcasting.
Bye.
You