The top 5 avoidable problems podcasters face
Whether you’re about to embark on the journey of hosting your own podcast or you already have your podcast online, it’s always easier to learn from the mistakes of others. In our work with many podcasters, we have become increasingly aware of the issues that have arisen over the course of producing shows that have created headaches for them. So much so that they have come to us to put elements in place (such as a podcast release form) to save themselves from having to manage these issues again in the future.
So what are the podcasting issues to be alert to?
If you are looking for legal templates you can use now to help avoid these top 5 problems, our templates are located at the links below and are developed for podcasters like yourself:
Problem: The guest that insists you pull their interview
It can be very inconvenient to have a guest that informs you that, either at the last minute or after the episode has gone live, that they want it removed. When this happens, you will have already invested a considerable amount of time in the preparation and the interview itself. If they notify you to remove it after it has been published, you will have also incurred the additional time and cost in getting the episode, and it’s accompanying social media assets, developed and online.
Guests often ask to have their interview pulled because people are either unhappy about how they performed or they aren’t happy that you have cut something out they think is really important. If you only have a 30-minute show for instance, you’re going to need to be able to have editorial freedom to cut parts of your conversation out.
Solution: Podcast release form
Have an onboarding process for guests, including an application form that covers off their bio and images they provide for you to use and promote their episode. As part of this onboarding process, you should consider a podcast release.
A podcast guest release form will let the guest know that you have the right to use the content (or not use the content if the interview bombs) any way you wish, if they agree to it. It also communicates that they won’t be paid for their interview.
A podcast release form will inform your guests that you can use their content, or choose not to use it. It may also include details about how you may repurpose it. For example, into a “best of” episode, or repurpose the content on other platforms such as YouTube.
Of course, you may happily agree to remove the episode, many people do, but by providing a podcast release in advance, your guest will be aware of what to expect. They can then elect to sign the podcast release, and proceed to an interview, or not. When you have detailed the nature of how you may use the interview content, it sets up expectations and makes the whole process easier. An onboarding process with a podcast release helps any issues get flagged earlier on.
As a host, you need editorial freedom for the benefit of your audience and the podcast release form will do that for you.
Problem: The litigious listener
If someone were to take action based on what they hear on your podcast, or taking action on what they interpreted from an episode, with a poor outcome, they may seek to blame the source of the inspiration for their actions.
This can happen when listeners take information literally and act on it, apply general advice to their circumstances, and perhaps get in trouble, lose money or other negative consequences. Or, they may argue that what they heard in a podcast did not produce the same results for them and are looking to seek compensation. While they may not succeed, you don’t want to have to deal with this issue at all. Managing accusations like this creates stress, and then there is also the cost of seeking legal advice to see if you are at risk or not.
Solution: A podcast disclaimer
Ensure you have a listener disclaimer to protect yourself against being held liable for someone having acted on the insights and information shared by you or your guest. This is particularly important if you have a show that talks about topics that people may act on like health, business, legals and so on.
In the event you have a podcast that may be considered contentious or guests that could be perceived as controversial, this is essential. Having a controversial podcast episode can be great for your listener numbers, but not so great for legal liability if the episode presents controversial thoughts or ideas.
If you have a guest that is a professional like a lawyer, doctor, accountant, financial advisor or psychologist, they will typically be giving general information rather than advice. As the publisher of this information, you need a podcast disclaimer to protect you from listener complaints or legal action.
We recommend you have a listener disclaimer on your podcast’s website, as well as a link to it on all the podcast platforms you broadcast to (e.g.Spotify, Apple Podcasts or Google Podcasts etc).
Problem: A cease and desist letter arrives
This one is surprisingly quite common. This is where a podcaster receives a cease and desist letter from a lawyer some time after starting their podcast, demanding the podcast name be changed because it breaches an existing trademark.
If you have an established show, even if it’s only six months old, the last thing you want is to have to change the name of it. Although you may well have subscribers, many listeners may know your show by its name and search for it specifically, so you want to avoid this issue at all costs. If you are forced to change the name of your podcast, this can mean all your hard work could be for nothing.
Solution: Trademark your show
Before you choose your show name, seek advice about whether you can trademark it. If you already have a show name, you will want to take steps immediately to trademark the name.
If you do trademark your podcast, it is a good idea to think about making sure your brand (phrase, logo or a combination of both) is unique. Once registered, a trademark in Australia lasts for 10 years, and it is a worthwhile investment to protect the podcast brand. Even if you can trademark it, make sure it is not the same as another brand or podcast or business name because you may run into issues later if you do.
Problem: You and your show sponsor hit a snag
When you get a show sponsor, or sponsors, it can be incredibly exciting. The sponsorship may cover the expenses of producing your show (or more), and in the excitement of having someone agree to sponsor your show, you may not consider the details of the relationship.
If your sponsor raises an issue, for example, that they were expecting that you would promote their product/business at three intervals per show, but you have only mentioned them once, this can create issues.
Another example is if you haven’t advised your first sponsor that you will also have other sponsors. They may presume that they have exclusivity when you are, in fact, looking for more sponsors.
Finally, another common issue that can arise is if your sponsor requests that you pull an interview because they do not want their brand connected to that person and their views or actions.
Solution: A sponsorship agreement
Before you embark on seeking sponsors, think carefully whether your values and theirs are aligned.
If you have a podcast sponsor or two (and we think having a sponsor is a great idea), make sure you document the terms of the agreement with them in writing.
Think about what you are prepared to do for a sponsorship. Consider:
When you will mention your sponsor and in what way will you promote them?
Are you prepared to read a pre-scripted and approved ad from your sponsor, or will you only provide unscripted conversational references to their product/business?
Will you mention your sponsor once or before, during and at the end of the podcast?
Will you also mention them on your social media platforms or have them on your show as a guest?
How long will they sponsor you for?
Is it one podcast season or indefinitely?
If you publish weekly, what will happen if you cannot deliver on time, what will happen?
A sponsorship agreement can detail the terms of your agreement and cover off what you are and aren’t prepared to provide to a sponsor. Having this agreement in place saves you from difficult conversations. It also means you don’t have to worry about potentially losing sponsor income suddenly, particularly when you’ve already allocated how you will use the sponsorship dollars.
Our podcast sponsorship agreement is part of our podcast template pack. If you think you might need a more customised agreement, reach out to us. We can learn about your show and business and give you advice about what will be best for your needs.
Problem: You find yourself with a copycat
Many podcasters repurpose their podcast audio by uploading to their website in transcript form. This is a technique to further aid SEO, it is great for the hearing-impaired to still have a way to access your podcast content.
Unfortunately, not everyone is seeking to create unique content like you are in the online world. In the event you discover that someone else is using your podcast content in some way, such as creating a blog from the transcript content, you want to ensure that your copyright is protected.
Solution: Terms and conditions and disclaimers
To proactively protect the copyright in text form, your website must have a detailed website terms of use, taking this into account. There will also need to be an appropriate disclaimer in the terms and conditions for the website around the podcast transcript being information only rather than advice.
Find our website terms of use here and podcast template bundle here.
So, regardless of whether you are new to podcasting or looking to make what you already have an easier, more streamlined process, take advantage of the insights of podcasters before you. Take these easy proactive steps to protect your time, money and energy. After all, who wants to deal with problems like these when you could be working on the higher value activities in your world.
Related Articles: 5 things to know before starting your podcast
Monetise your podcast with sponsorships
Website Terms & Conditions- How to start an online business
We offer both template and customised solutions to help protect your podcast.
If you are looking for the verbal disclaimer to read out on your podcast and the written version to put on your website and podcast distribution channels, you can find the template here. The website terms of use and privacy policy bundle is here.
If it is the podcast release form you require for your guest onboarding process, click here.
For the podcast template bundle that includes the podcast disclaimers, guest release and sponsorship agreement together, click here.
If you are not sure what you need, or you think you may need a customised template, reach out for a complimentary call with us here.