Podcasting is booming across topics from true crime to politics. But as podcast audiences—and revenue potential—grow, so do the legal risks. One of the most common traps? Copyright infringement.
This guide explores how podcasters can safely navigate the complex world of copyright law and protect themselves from unintended legal exposure when using music, audio clips, and third-party content.
Understanding Copyright in Podcasting
Copyright law protects original works of authorship, including musical compositions, sound recordings, film excerpts, and literary content. This means that if you use a copyrighted work in your podcast—even briefly—you must have permission unless an exception applies.
Common copyrighted materials used in podcasts:
· Music tracks and jingles (including intros and outros)
· Audio from films, TV shows, or viral videos
· News segments, speeches, and interviews not created by you
· Photographs or artwork used in episode thumbnails or promotional posts
What Podcasters Can (and Can’t) Do Legally
1. Using Music in Podcasts
Simply buying a song from iTunes or streaming it on Spotify does not give you the right to use it in your podcast; you will need a licence from the song’s creator.
A safer route? Use royalty-free music or subscribe to services that offer licensing for podcasters.
2. Fair Dealing: Is It a Loophole?
Some podcasters mistakenly believe they are protected under the exception of fair dealing. There is no strict legal definition of fair dealing, and it will always be a matter of fact, degree, and impression in each case. In reality, fair dealing is a complex legal defence that depends on several factors:
· The purpose (educational? commercial?)
· The amount used
· The effect on the original’s market value
3. Clips from Movies, TV, or News
Rebroadcasting media snippets—even just a few seconds—can trigger takedown notices or worse. Consider linking to the source or summarising the content instead.
Best Practices to Avoid Legal Pitfall
✅ Get permissions in writing from copyright owners before using their content.
✅ Use Creative Commons-licensed material (but always check the licence type).
✅ Create original content, including music and sound design, or hire freelancers to do so.
✅ Keep a usage log—track where every piece of external content came from and what permissions you hold.
✅ Consult an IP lawyer when in doubt.
The Legal Bottom Line for Podcasters
Navigating copyright issues in podcasting is not just a box-ticking exercise—it is critical to your brand’s credibility and longevity. Podcasts that ignore copyright laws risk takedowns, lawsuits, and damage to their reputations.
If you are launching a show or scaling an existing series, our firm offers tailored legal advice for podcasters, contract drafting, and intellectual property protection.
Don’t let a copyright claim derail your creative journey—contact Berry Smith and ask for the Commercial and IP team on 02920 345511 or at commercial@berrysmith.com.