Starting A Podcast? Here’s How To Set Yourself Up For Success

Podcasting is a rapidly growing medium in New Zealand. 

Recent research indicates that hundreds of thousands of New Zealanders are tuning into podcasts, and revenue from podcasting in the country is expected to see significant growth. With the impact of COVID-19 leading to more people staying at home, these numbers are likely to increase even further!

With a burgeoning listener base, there’s never been a better time to launch your own podcast. It’s an excellent platform for disseminating information, sharing your interests, and boosting your brand’s visibility. 

However, starting a podcast can be both thrilling and overwhelming. Before you dive into recording, uploading, and promoting your podcast, it’s crucial to understand the legal aspects from the outset. 

If you’re considering starting a podcast but aren’t sure where to begin, we’re here to assist. 

In this article, we’ll explore the essential legal considerations for podcasting in New Zealand. We’ll also address some common queries about the type of content you can feature in your podcast and how to legally safeguard yourself. 

Naming Your Podcast

With the plethora of unique podcast names out there, it can be challenging to find one that suits your podcast and helps you stand out. 

Before you decide on a name for your podcast or create any social media profiles for it, you should ensure that the name hasn’t already been trade marked in New Zealand. 

A trade mark is a registered right that can include a name, logo, sign, phrase, or symbol that differentiates your business from others. You can use the New Zealand Trade Mark Search to check if a trade mark is already registered.

Is it necessary to register a trade mark for your podcast name in New Zealand? 

In short: yes, it’s very important! Securing exclusive rights to your podcast name and/or logo typically requires registering a trade mark. Here are 5 things you need to know about registering a trade mark in New Zealand. 

If you’re aiming for international recognition with your podcast, you might also want to consider registering an international trade mark. 

Will You Have Ownership Rights Over Your Podcast’s Written Scripts, Music And Recorded Audio?

When starting a business, a common oversight is not considering: “Do I actually own every element of this business? How can I be certain of my ownership?” 

For podcasters, it’s essential to determine ownership of your music or ‘theme song’, written scripts, and recorded audio.  

In New Zealand, the creator of a work is automatically protected by copyright. Copyright grants you the right to use and reproduce your work. This also means that if anyone wishes to use elements of your podcast, they must obtain your permission.    

Copyright protects two types of materials: 

• Works (including literary, dramatic, musical, and artistic works)
• Subject matter other than works (such as films, sound recordings, broadcasts, and published editions)

Podcast creators should primarily aim to secure ownership of their sound recordings and broadcasts.

To be automatically protected by copyright, your work must be expressed in a material form, like writing a script, recording audio, or storing the recording on a device. An idea alone is not protected by copyright as it is not expressed materially. 

Once the work is materially expressed, the creator of the original work, such as a recording, is protected by copyright. It is not necessary to register or publish your work publicly to claim copyright ownership. You can learn more about copyright  here. 

But what if someone wants to use elements of your podcast, or if you hire someone to create content for it? In these cases, you can protect your intellectual property with the appropriate legal documents. The specifics will depend on your situation, so feel free to contact our team for a free discussion about your needs. 

Do You Need Permission To Use Others’ Work In Your Podcast?  

When using copyrighted works, such as a song, in your podcast, it’s crucial to obtain permission. Failing to do so could lead to copyright infringement issues. 

For instance, if you plan to use someone else’s song in your podcast intro, you must get consent from the copyright owner. The extent of the song used or any alterations made are irrelevant. You can learn more about this here. 

Can You Talk About Current Events On Your Podcast? 

Discussing current or factual events reported in the news on your podcast does not require permission. However, you cannot reproduce the original work itself. 

How About Reviewing A Book?

Reviewing a copyrighted book is considered “fair dealing” in New Zealand. 

Fair dealing is a legal exception that allows the use of copyrighted material, provided the work is used fairly for specific purposes, such as reporting news, research or study, criticism or review, and parody or satire. Proper acknowledgment of the original work is also required for it to be considered fair dealing.      

If your use of the work does not meet these fair dealing criteria, you must seek permission from the copyright owner.

What Do You Need To Know About Having Guests On Your Podcast?

Before recording with a podcast guest, it’s important to clarify ownership of the collaborative work.

If you wish to own the copyright to the content, you should formalise this in writing. Drafting a legal agreement that specifies the terms of ownership and rights, such as reproduction and public communication rights, is advisable.

Should You Have Legal Agreements In Place With Your Podcast’s Co-Hosts, Employees And Sponsors? 

When working with employees or independent contractors on your podcast, having the appropriate legal agreements is essential. This ensures you own any intellectual property they create and clarifies their rights and responsibilities.   

If you’ve engaged a freelancer for your podcast’s logo, artwork, or other key elements, you’ll want to confirm your ownership of this intellectual property. A Freelancer Agreement can be useful for this purpose (the freelancer may also provide their own agreement). 

Regardless of who you’re working with, it’s always best to document everything in writing to reduce the risk of future misunderstandings and disputes. Therefore, we also recommend having legal agreements with your co-hosts and sponsors to ensure everyone is clear from the beginning.

Ready To Get Started? 

If you’re uncertain about how to establish and protect your podcast, we’re here to assist! Our friendly, experienced team of lawyers will ensure you have all the necessary legal contracts in place — allowing you to concentrate on producing excellent podcast content. 

We’re available for a free, no-obligations chat about your specific situation on 0800 002 184 or at [email protected].

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