Podcasting has emerged as one of the most dynamic forms of media, blending journalism, entertainment, and education. As co-hosted and collaborative formats become the norm, questions around intellectual property (IP) ownership are increasingly common. With multiple contributors—hosts, guests, producers, editors, and musicians—clarifying IP rights is essential to avoid disputes and protect creative assets.

What’s at Stake: Layers of IP in Podcasting

Podcasting involves several distinct types of intellectual property:

· Scripts and outlines: Prepared content may be protected as literary works.

· Audio recordings: The final episode is a sound recording subject to copyright.

· Music and sound effects: Often provided by third parties where a license would be required.

· Logos, titles, and branding: Protected under trademark law.

· Guest contributions: May raise questions of joint authorship or licensing.

Ownership depends on whether contributions are intended to form a joint work or remain separate. Without clear agreements, contributors may claim joint ownership, complicating licensing and monetization.

Collaboration and Ownership: Common Scenarios

· Co-hosted Shows

Without a written agreement, co-hosts may be considered joint authors, each with equal rights to exploit the work. A contract should define ownership, revenue sharing, and succession rights if one host departs.

· Guest Appearances

Guests may retain rights over their contributions unless a release form is signed. This form should grant permission to record and distribute, waive copyright claims, and allow use of the guest’s name, likeness, and voice in promotional materials.

· Producer Involvement

Producers who contribute creatively may assert joint authorship. Production agreements should clarify roles and include work-for-hire clauses where appropriate.

Contracts: The IP Safety Net

To safeguard rights and prevent future conflict, podcast agreements should address:

· Ownership of episodes, scripts, and recordings

· Licensing terms for third-party materials

· Revenue sharing from ads, sponsorships, and syndication

· Exit strategies and control over archives

· Trademark ownership and branding decisions

· Moral rights and attribution, especially in jurisdictions where these cannot be waived

Berry Smith bottom line

In the fast-growing world of collaborative podcasting, creativity is only half the equation—clarity around intellectual property is the other. To safeguard your show’s future, it’s essential to formalise ownership and roles from the outset, consistently use guest release forms, secure proper music licenses, and protect your branding through trademarks. Keeping detailed records of contributions and anticipating monetisation and exit strategies will help avoid costly disputes and ensure long-term success.

By establishing a robust IP framework early on, podcasters can confidently build, grow, and monetise their content—preserving both their creative vision and legal peace of mind.

If you are looking to create a Podcast or would like further information on the issues associated with with podcasting, contact our team of experts on commercial@berrysmith.com or 02920 345511