Episode 323 | Insider Secrets to a Top 100 Podcast | Courtney Elmer

Featured Guest: Gordon Firemark
Gordon Firemark is an entertainment lawyer with 33 years experience helping creators in the media protect themselves with structures, strategies and frameworks that allow them to get their message out so they can achieve the impact, influence and income they deserve. He's the host of Entertainment Law Update and Legit Podcast Pro, and author of The Podcast, Blog & New Media Producers' Survival Guide. He also teaches media, entertainment, & intellectual property courses at colleges around LA.

How to Protect Your Podcast Before Someone Profits Off It

Most content creators don’t think about legal protections for podcasters until after something goes wrong. Maybe they assume their podcast episodes are automatically protected. Maybe they think they’re too small to be at risk. Or maybe they’re just hoping they’ll never have to deal with it. But waiting until you have a legal problem to start caring about legal protection is like waiting until your house is on fire to buy insurance. (Also, how would you feel if someone swooped in and stole your content, your show name—even your audience!—because you didn’t have the right legal protections in place? No bueno.) 

Podcast and entertainment lawyer Gordon Firemark joins me inside this episode to break down the most overlooked legal protections podcasters need to have in place before it’s too late. From copyrights and trademarks to AI-generated content and guest releases, here’s the nitty-gritty so you can podcast with confidence, without worrying about someone else cashing in on your hard work.

Copyrights 101: Owning Your Content vs. Just Hoping No One Steals It

One of the biggest misconceptions content creators have is that hitting "publish" on an episode means it's fully protected. Yes, copyright applies the moment you create something—but without registration, your ability to enforce it is severely limited. Gordon puts it plainly: "You don’t have to register in order to be protected. But you do have to register in order to bring a lawsuit for copyright infringement." 

Let’s say someone copies your podcast episodes, reuploads them, and starts raking in ad revenue from your work. Want to sue them? You can—but only if you’ve officially registered your episodes. Otherwise, Gordon explains, "you have to prove your actual out-of-pocket losses. You don’t get the benefit of statutory damages or attorney’s fees." In other words? A legal battle that’s long, expensive, and stacked against you. 

Now, does this mean you need to register every episode? No. But, 

If you’ve got cornerstone content (i.e., signature episodes, high-value intellectual property, or anything that could be easily repurposed) you’ll want to protect it before someone else profits from your work.

PRO TIP: Not every thief is a mastermind—sometimes, the simplest deterrent is enough to stop them before they even try. "It’s always a good idea to put a copyright notice in your episode footer," Gordon advises. "It eliminates the possibility that someone claims, ‘Oh, I didn’t know it was protected.’"

While it’s not legally required, it signals that you know your rights—and you’re ready to defend them.

How to Add a Copyright Notice to Your Podcast Episodes

At the end of your show notes, include a simple copyright notice like this:

©Ⓟ [Year] [Your Name or Business Name]. All rights reserved.

The © (Copyright) is for your written content: your show notes, episode descriptions, and transcripts. The Ⓟ (Phonorecord) covers the audio recording itself: your actual podcast episode.

A copyright notice doesn’t legally register your content, you’d still need to file for official copyright protection if you want the ability to sue for infringement. But it does act as a deterrent. showing potential infringers that you’re aware of your rights and making them think twice before stealing your content. It also signals that you’re serious about your show, strengthening your case if you ever need to enforce your rights and reinforcing your authority and professionalism in your niche.

Your Podcast Name Is a Business Asset—But Isn’t Actually Yours Until You Claim It.

Many content creators think of their podcast name as just a creative decision, but in reality, it’s a business asset. And if you don’t claim it, someone else can.

“Trademark protects the unique, distinctive symbols, word marks, and branding you use to differentiate yourself in the marketplace,” Gordon explains. Just like a branding iron sears a ranch’s logo onto its cattle, a trademark marks your podcast as yours—legally.

If your show name is original, you’ve spent time building its reputation, or you plan to turn your podcast into a business, securing a trademark isn’t a luxury, it’s a necessity.

Without a trademark, you don’t actually own your podcast’s name—you’re just using it. And if another podcaster (or business) decides they want that name, they can trademark it first and send you a cease-and-desist. At that point, you have two choices: fight it (which is costly) or rebrand (which is even worse). Why? Because rebranding isn’t just a name change. It means losing SEO rankings, brand recognition, and potentially even your audience’s trust. Gordon stresses, “If you’ve come up with a distinctive title for your show, I strongly recommend registering that so you don’t wind up with six other shows in the directories with similar names that confuse your audience.”

How to Protect Your Podcast Name with a Trademark

1. Check for conflicts first. Search podcast directories, Google, and the U.S. Patent and Trademark Office (USPTO) database to see if someone else already claimed the name.
   

2. File for a trademark. If your podcast name is clear, apply for a trademark through the USPTO (or your country’s trademark office). This locks in your legal ownership and prevents future disputes.
   

3. Secure other brand assets. Consider trademarking your podcast’s tagline, segment names, or unique frameworks—anything that sets your brand apart. As Gordon points out, ‘If you have segments of your show with distinctive names, those can be valuable intellectual property too.’”
   
   

AI Voice Cloning: The Nightmare No One’s Talking About

AI voice cloning is on the rise, and while it might sound like a cool tech advancement, it also creates a legal gray area that content creators need to understand. 

A lot of podcasters assume that because they said it, they own it. But when AI is involved? That’s not the case.

"If it doesn’t have a human author, then it is not entitled to copyright protection," explains Gordon Firemark. That means if AI generates your podcast scripts or clones your voice for narration, you don’t actually own that content. And if someone else clones your voice? You’re stuck navigating a legal minefield where traditional copyright laws may not be enough to protect you.

"Writing a prompt isn’t authorship because you didn’t have enough control over the specifics of the output," Gordon points out. In other words, AI-created content doesn’t count as your work in the eyes of copyright law. That means someone could take an AI-generated version of your voice, tweak it, and pass it off as their own—without breaking any existing laws.

This means if someone uses AI-generated voice cloning to make it sound like you're endorsing a product, saying something controversial, or giving away your intellectual property, right now, you don’t have much legal recourse to stop it. So, what can you do to protect yourself and your podcast from this emerging threat? Take full control of your content.

How to Protect Your Podcast from AI Voice Cloning

1. Own your content. Record your own voice, write your own scripts, and keep creative control over your podcast episodes.
   

2. Register your critical content. If you have cornerstone episodes, signature phrases, or unique intellectual property in your show, registering them with the Copyright office can help establish your ownership.
   

3. Use legal agreements. If you work with AI tools—whether for voice cloning, transcripts, or content creation—make sure your agreements clearly define who owns what. As Gordon explains, "You’re using these unprotected elements to create something composite that is entitled to protection if it’s original."

At the end of the day, AI isn’t a replacement for human creativity—it’s a tool. But ironically, it’s a tool that could cost you ownership of your own voice if you’re not careful. The safest bet is to make sure you (not an AI model) are the one in control of your content. 

Music, Guest Releases, and Other Overlooked Legal Landmines

Let’s talk music. You might think using a few seconds of a popular song in your intro is no big deal. But even if it’s “just a clip,” you could still get hit with a takedown notice—or worse, a lawsuit.

Gordon’s advice: “The safest option? Use music you have a proper license for.” But it’s important to make sure it’s a commercial license—something that gives you permission to use the music repeatedly (which is key for your intro or any theme music you want to keep consistent). Options like royalty-free tracks, Creative Commons music (with the right attribution), or custom compositions you own outright are also safe bets. Anything else? You’re setting yourself up for potential legal problems.

What About Using Media Clips?

Now, what if you’re using media clips in your podcast (i.e., short segments of content like audio from movies, TV shows, songs, news broadcasts, or interviews—anything that you didn’t create but want to incorporate into your show.) You might be wondering, Is it okay to use these clips in my podcast?

Fair use is a legal concept that allows you to use someone else’s copyrighted content in certain situations without needing permission. But fair use is not a free pass—it’s a legal gray area that depends on several factors:

• How much of the clip are you using?
• What’s the purpose of using it?
• Are you adding something new or transformative to the content?

Using a clip to make a point or offer commentary might be considered fair use, but it’s not guaranteed. Just because you’re discussing it or using it for educational purposes doesn’t automatically make it fair use. If you’re unsure whether something qualifies as fair use, don’t assume it does. It’s best to secure the rights or choose something that’s safe and licensed.

What About Your Guests?

When you record an interview with a guest, in the eyes of the law, you both have rights to that work—unless you have your guest sign a release that waives those rights and gives you full ownership of your content. Here’s why this matters:

Imagine a guest coming back months (or even years) later, demanding you take their episode down because they no longer want to be associated with your brand. (Sounds extreme? It happens more often than you think.) Without that signed release form, you have zero control over what happens next.

But, if you have that guest release form? It protects you from these risks by clearly stating who owns the rights to the content and how it can be used. Gordon puts it simply: “Without the right paperwork, you don’t have anything to protect you.”

In fact, guest release forms are such a big deal that we’re dedicating an entire episode to it—where we break down exactly what to include in your guest release form for total protection, and how you can get this in place in less than five minutes. 

The Cost of Ignoring Legal Protections for Podcasters

A guest suddenly demands you take their episode down. A business trademarks your show name out from under you. Someone uses AI voice cloning to create fake content in your voice. These aren’t hypothetical situations—they’re happening right now.

If there’s one thing you take away from this, let it be this: protect your podcast now, not later. Whether it’s copyrights, trademarks, guest releases, or music licensing, these legal protections are an investment in your long-term success. They’re not red tape—they’re the foundation that keeps your podcast standing, no matter what happens.

Before you brush off legal protections because you assume you’re too small to be at risk, ask yourself: Do you really want to wait until you have a problem to fix it?

Up Next:

Wondering where to start? The next episode is for you. I’m back with Gordon Firemark, a podcasting legal expert, to discuss why even the smallest shows need a guest release form. We break down what it is, what it protects you from, and why skipping it could lead to a lawsuit. We’ll also talk about international considerations and AI risks, and why you need to get this in place before your next interview. 

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