The Flow podcast

The Flow: Episode 78 - The Legal Side of Podcasting

16/07/2024
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78 : The Flow: Episode 78 - The Legal Side of Podcasting

Ecamm Network

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Podcasting, especially video podcasting, can be a great way to share your message with the world. There are so many things to learn and do, but it's hard to know where to start if you've never done it before.

Producing a podcast can initially seem daunting; it's easy to feel overwhelmed when starting something new. Using a Video First approach with Ecamm Live will make it much easier and save you lots of time.


The Flow is here to help. We'll take you step-by-step through creating a video podcast, from planning and production to promotion and monetization. You'll learn how to build an efficient workflow that will make your content shine, leaving you to focus on creating great content.


This week on The Flow, Katie is joined by The Podcast Lawyer™ himself, Gordon Firemark. We'll be talking all about the legal side of podcasting. What can you do? What shouldn't you do? And what are the best practices?


Gordon Firemark helps creatives, artists, entrepreneurs and others achieve the dream of getting their messages out and making a meaningful impact with their craft. He has practiced media, entertainment and business law since 1992 and is often referred to as The Podcast Lawyer™.


A podcaster himself, he’s been producing and hosting the Entertainment Law Update podcast since 2009, and in 2020, launched the More, Better, Faster podcast which offers insights and advice to creative professionals and businesses who want to achieve more, better, faster. Gordon is the author of the Podcast, Blog & New Media Producer’’s Legal Survival Guide and creator of several online courses for creatives.


His undergraduate degree in radio, television and film and experience in live theatre production informs his thinking about all things legal. In addition to his busy law practice, He teaches Entertainment Law at Columbia College Hollywood, Intellectual Property and Media Law at Fashion Institute of Design and Merchandising, and Contract law at Pepperdine Law School.


Find him online at https://gordonfiremark.com


Chapters 📖

00:00 - Countdown

00:27 - Intro

01:30 - Meet Gordon Firemark

04:31 - Important Legal Aspects Podcasters Need to be Thinking of

08:49 - Release Agreements

11:46 - How to Make Updates

13:12 - State by state vs. national vs. international

16:47 - Fair use in podcasting

23:11 - Commercial use

24:14 - Common legal issues

26:17 - "Podcast Prenup"

30:55 - Podcast Platforms

32:43 - AI and legal issues

36:31 - Co-hosts and guests

39:20 - Should I form an LLC?

41:30 - Trademarks

44:55 - Where to find Gordon Firemark


Welcome to The Flow. Created by Ecamm and hosted by Doc Rock and Katie Fawkes, this weekly show will take you step-by-step through the process of video podcasting. Our focus is on building efficient and effective workflows so that your content shines.


Welcome to The Flow. Created by Ecamm and hosted by Doc Rock and Katie Fawkes, this weekly video podcast will take you step-by-step through the process of video podcasting.

Want to see behind-the-scenes? Join the studio audience of our live recordings every Tuesday at 12 pm Eastern on YouTube.

This video podcast is powered by Ecamm. With Ecamm, you can plan, produce, and record your podcast, bring on co-hosts and interview guests, add graphics and animations, and much more. Ecamm makes podcasting easy. Try it today for free at

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