5 things to know before starting your podcast
How to start a Podcast in Australia
Starting a podcast can be one of the most exciting decisions that you can make. Podcasting continues to enjoy explosive growth as one of the preferred mediums for us all to listen, learn and be entertained. As a business owner and podcaster it is helpful to be aware of the lesser publicised considerations to make your life as a podcaster as stress free as possible. It is not all shiny sexy microphones, there are some other things to think about behind that glamour.
This is not the typical list of what you need to know to start a podcast. There are no suggestions of the best microphone or platform to use. But I share it to make you aware of the key pitfalls that many podcasters have experienced. I would prefer you be aware of them before you launch your podcast, instead of discovering these problems when you’re many episodes in and the consequences are significant.
Our Podcast legal template bundle can be found at the link can be found here:
1. Podcast name considerations
Naturally, the first step you need to undertake when starting a podcast is to find a suitable name for it. It is wise to research the show names that are already out there and determine if the name that you want for your show is available. Find out if you will be breaching anyone else’s trademark with your choice of podcast name. What you want to avoid is having your podcast share the same name with a business somewhere else. If there is a business with the same or a similar name, they may well have grounds to have you stop producing the podcast and potentially sue you for a share of the profits you have generated as a result of your podcast. For this reason alone it is best to do the research now.
Once you have a name for your podcast, it is a good idea to look at protecting it through a trademark. This is an important step since someone else can use that name unless it is registered as a trademark. By looking at existing trademarks and unregistered uses of the name, you will be able to determine what is available and help you come up with a unique show name. Choosing a unique name for your podcast will give you a better chance of being able to protect it with your own trademark (and for it not to be confused with another show or business).
Trademarks can be three things - a phrase, an image or a logo or a composite which is a combination of both. By choosing a completely unique podcast name and logo, you can reduce the risk of having someone trying to stop you just because your name and/or logo is similar to their name and logo. This is a strategic thing to consider as changing your name and logo once you have already launched, because someone claims ownership over it, is like changing your business midway through the process. You don’t want to have to rebrand your show after your listeners have already come to know you by the original show name.
There have been cases where people discovered that they have the same business name as others. and in some cases these businesses also have a website. For this reason it is always a good idea to look at buying and reserving the domain name for your podcast even if you don't intend to have a separate website for it. You can hold the domain ownership without having a website attached to it.
The last thing anyone in business or podcasting wants to receive is a ‘cease and desist’ letter, so I recommend doing this research first to save yourself the headaches later.
2. Listener disclaimers
Another key element that you should look at is a podcast disclaimer. Podcast disclaimers can be in two parts – one on your website if you host your podcast on a site and another to be read at the beginning or end of your podcast. You can put a disclaimer on your website and link it to your podcast listings such as on third-party websites like Apple Podcasts, Spotify, Google Podcast and anywhere else your podcast might be listed.
Depending on the type of content you cover in your podcast, you will want to take steps to stop people reusing or monetising your content.
Podcast disclaimers should include a statement around the primary purpose of the podcast being to educate. Further, it should state that the podcast does not constitute advice or services. It is also a great idea to cover off in the disclaimer that, while guests are invited to listen, listeners acknowledge that they are not being provided professional advice from the podcast or the guests. It should also be noted that the podcast is for private non-commercial use and your guests do not necessarily reflect any agency or organisation or company that they work for.
Do some of these phrases sound familiar? You have likely heard disclaimers similar to these on podcasts, in books and other mediums but a disclaimer that is specific to your show is important to protect you as the owner.
3. Releases for Podcast Guests
Ideally, all guests should sign a release form and in perfect podcast procedure, it should be part of your guest booking process. Why? Well, if you do not want to broadcast a podcast episode or guest for some reason, having them sign a release form can help protect yourself from any action they take as a result of you not featuring them. You also want to ensure that your podcast guests release you from any expectation around being paid or receiving any compensation for the interview. If you have monetised your podcast with sponsors or you go on to promote an offer during a guest’s episode, a well-worded release will mean that a guest cannot expect to get a share of anything you sell off the back of your podcast.
The guests should also know that you have the ownership of the content recorded for your podcast and you have the right to take snippets, use their bio photo and choose how to edit their episode. While the release form can indicate that they can share the podcast to the audience, a release can prevent them from telling you not to broadcast the interview.
Guests should also know that if you wish, you have the right to repurpose the content from the conversation during the podcast. For example, you can edit it to be part of a promotional video for YouTube, Facebook or Instagram. You also want to be covered so you can also take photos during the interview for promotion on social media. Think of all those zoom calls snapped in action to post on instagram stories and imagine if someone objected to that?
4. Use of the podcast transcript on your website
You will likely have been told that it is a good idea to repurpose the content from the podcast through written form or transcript on your website. Amy Porterfield and many of the other online course and podcast gurus swear by this technique. But to do that, you should have a website disclaimer and privacy policy disclaimer to ensure that what you are publishing as a transcript is taken to be information only rather than advice.
5. Sponsorship agreements
Having a podcast sponsor can be a really effective way to monetise it. After all, putting a podcast together is expensive! But, if you plan to have sponsors for your show, it is important to ensure the terms of the sponsorship are clear.
Sponsorship agreements cover what the sponsor will pay you and the obligations of both parties to the agreement. For example, there may be a requirement to mention your podcast sponsor at the start, middle or end of the show, or all three. A podcast sponsorship agreement should also cover details such as whether you can speak freely about the sponsor or if there is a requirement to read a set script. Plus it will generally also cover other considerations such as whether you are obligated to broadcast each week or month, or if you will need to give money back if you don’t keep to a schedule. Sponsorship is essentially a commercial negotiation that both you and your sponsors will benefit from so having an agreement created to document that commercial negotiation is imperative.
Ensuring your show name is truly available and protected, that your listeners and guests do not have a path of recourse that will affect you, use and edit the podcast content as you like and avoid any issues with sponsors, follow these five steps. The action you take now will ensure that your podcasting journey is free of any of the headaches that come up for podcasters.
Related article: The top 5 avoidable problems podcasters face
Monetise your podcast with sponsorships
Enjoy the podcasting process and if you would like support with podcast disclaimers, release forms or sponsorship agreements, take a look at these helpful solutions here.
