Copyright law can create real risks for UK podcasters, particularly when it comes to music, clips and other third-party content. This article outlines some of the key copyright pitfalls podcasters should avoid and explains how to keep your show legally compliant.

What Copyright Means for Podcasters

In the UK, copyright protects original literary, musical and artistic works, as well as sound recordings. It gives creators exclusive rights to copy, distribute and communicate their work to the public.

Podcast episodes themselves are protected as original recordings, while scripts, artwork and show notes are also covered by copyright. Using someone else’s protected content in your podcast without permission, or without relying on a valid legal exception, is likely to amount to copyright infringement.

Pitfall 1: Using Music Without a Licence

One of the most common risks for podcasters is using commercial music as intros, outros or background tracks without obtaining the appropriate licences.

Infringement can arise even where only short clips of popular songs are used and the podcast is distributed free of charge. In the UK, licences may be required for both the musical composition and the sound recording, depending on how the track is used and distributed.

A safer approach is to use properly licensed production libraries, royalty-free music, or Creative Commons tracks that permit podcast use in accordance with their licence terms.

Pitfall 2: Assuming “Fair Use” Applies in the UK

Many podcasters are familiar with the concept of “fair use” from US media commentary and mistakenly assume the same doctrine applies in the UK.

In reality, UK law relies on narrower “fair dealing” exceptions under the Copyright, Designs and Patents Act 1988. These include limited exceptions for criticism or review, quotation, news reporting and parody.

These exceptions are fact-specific. They require that only a fair portion of the work is used and that the original source is properly acknowledged. Relying on the concept of “fair use” in a UK context can therefore lead to unintentional infringement and potential legal exposure.

Pitfall 3: Overusing Third-Party Clips

Using third-party audio clips from television programmes, films, news broadcasts, radio or other podcasts is another common copyright trap.

Even where clips are used for commentary or review, they may fall outside the scope of fair dealing if they are too long, not genuinely necessary to the discussion, or not properly attributed.

Courts have indicated that inserting lengthy, unaltered segments of another work into a podcast without meaningful commentary or transformation is unlikely to qualify as fair dealing. In many cases, permission or a licence from the rights holder will therefore be required if you intend to use such material regularly or extensively.

Pitfall 4: Ignoring Advertising and Sponsorship Rules

Where a podcast includes paid content or sponsorship, regulatory rules apply in addition to copyright considerations.

In the UK, the CAP Code applies where brands exercise editorial control over podcast content, requiring advertisements and sponsored segments to be clearly identified as such. Even where payment is made but editorial control is limited, consumer protection law still requires that commercial content is clearly recognisable.

Podcasters who blend advertising into editorial content without proper disclosure risk regulatory scrutiny as well as reputational damage.

Pitfall 5: Failing to Protect Your Own Content

Podcasters often focus on avoiding infringement but overlook the importance of protecting their own intellectual property.

As soon as you record an original episode, you automatically own copyright in that recording and in the underlying script or show materials, subject to any agreements with co-hosts, guests or employers.

Including a simple copyright notice in your show notes and keeping dated records of scripts and audio files can be helpful if you later need to enforce your rights. Clear agreements with collaborators and producers are also essential to avoid disputes over ownership of the podcast brand and back catalogue.

The Berry Smith Bottom Line

To reduce risk and remain compliant with copyright law, podcasters should adopt a number of practical habits:

• Use licensed, royalty-free or properly cleared music for intros, outros and background tracks.
• Keep third-party clips short, necessary and genuinely linked to criticism, review or reporting, and always credit the source.
• Do not rely on the concept of “fair use” — instead assess whether a UK fair dealing exception applies, or obtain permission.
• Put written agreements in place with co-hosts, producers, guests and sponsors covering ownership and usage rights.
• Include clear copyright notices and consider registering trade marks for your podcast name and branding where appropriate.

For UK podcasters, working with an experienced copyright and media law team can help you audit your podcast content, establish template permissions and sponsorship arrangements, and manage infringement risks as your audience grows.

If you would like tailored legal advice on protecting your podcast, clearing music and third-party content, or resolving a copyright dispute, please contact us on 02920 345511 or at commercial@berrysmith.com.