Podcasting 101: Advising Clients in Preproduction, Production, and Distribution

Whether your clients are creating true crime, comedy, or talk show podcasts, a number of agreements are required to turn an idea into a production, including deals with host and guests, underlying rights agreements if the podcast is based on pre-existing IP, and production, licensing, and distribution agreements.

Join Alexia Bedat, Partner at Klaris Law PLLC, for an overview of the role of an attorney in the podcast space and what goes into the podcast deal-making and production process including:
  • The IP value of podcasts: rights in and to the podcast
  • Different types of clients: representing talent v. a production company
  • Hosts, guest, independent contractors (work-for-hire) agreements
  • Clearance issues:
    • Licensing materials vs fair use:
      • Music
      • Archival materials
      • Cover art
    • ADA compliance
    • First Amendment considerations
  • How to advise on the distribution of podcasts and derivative works:
    • Marketing and promotion
    • Advertising and sponsorship
    • Licensing

Agenda:

  • Introduction, Learning Objectives, Agenda
    • The introduction will introduce the CLE, its learning objectives, and the agenda
    • The speaker will introduce herself as well and share some of her experiences representing podcast production companies and producers

  • The Life of a Podcast: The IP Value of Podcasts and Rights In and to the Podcast
    • This section will give a brief overview of the life cycle of a podcast, including how podcasts are pitched, funded, and developed
    • It will also introduce the different IP considerations and IP "layers" of a podcast, to set the stage for the discussions to follow, as well as an update on the "status quo" of the industry

  • The Different Types of Clients and Agreements
    • The section will cover the various types of clients, agreements, and legal issues a lawyer may face when advising clients in the podcast space
    • This section will also contextualize the discussion in terms in terms of who one's client is (production company or talent)

  • Language Specifics
    • This section will go into more detail about some specific drafting considerations that come into play in a podcast agreement
    • This will include a discussion of how representations, warranties, and indemnification may differ depending on which party you represent

  • Clearance Issues
    • This section will cover the various issues a lawyer may face when trying to clear a podcast
    • E.G.: licensing materials vs. opting for fair use, ADA compliance, and First Amendment considerations

  • Wrap-up, Q&A, Key Takeaways
    • This section will discuss the key takeaways from the presentation and then we will open up for a Q&A discussion

Topics covered include: Practice Skills
Duration of this webinar: 60 minutes
Originally broadcast: December 15, 2023 12:00 PM PT
Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: December 14, 2025

South Carolina CLE

Status: Approved

Credits: 1.0 General

Difficulty: All Levels

Earn Credit Until: December 31, 2024

North Carolina CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: February 28, 2025

Texas CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: November 30, 2024


This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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Speaker
Alexia Bedat
Alexia Bedat Partner
Klaris Law PLLC
Alexia‚Äôs clients range from podcast and audiobook production companies to documentary filmmakers, TV producers, and studios. She supports content creators from early deal-making stages through to development and distribution and as clearance counsel. Read More ›
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