The Legal Side of Podcasting with Gordon Firemark

How legally protected is your podcast?

In this episode of PodBiz, Norma Jean Belenky and John Kiernan speak with Gordon Firemark, entertainment and media attorney known as The Podcast Lawyer™. Gordon shares how podcasters can protect their work, structure their businesses, and avoid the mistakes that cost creators time and money.

He explains why “fair use” isn’t a safety net, why every show needs clear contracts, and how creators can think strategically about the business side of podcasting.

As Gordon puts it:

“You don’t want to walk up to a vending machine that says haircuts $1 and stick your head in the hole. Maybe you get a decent haircut, maybe you lose an ear. That’s what happens when you take a shortcut on something that actually matters.”

Here are a few key takeaways from this episode:

• The top legal pitfalls podcasters overlook
• Why fair use doesn’t mean what most think
• How contracts protect co-hosts, guests, and editors
• When and why to form an LLC for your podcast
• Why ownership agreements matter for brands and collaborations
• The future of podcast discovery and YouTube’s legal implications

Guest Bio:

Gordon Firemark, The Podcast Lawyer™, is an entertainment and media lawyer, podcaster, and educator known as The Podcast Lawyer™. He helps creators and companies protect their IP, contracts, and business structures. Gordon is the author of The Podcast, Blog, and New Media Producer’s Legal Survival Guide and host of Entertainment Law Update and Legit Podcast Pro.

Connect with Gordon Firemark:

Website: https://gordonfiremark.com

LinkedIn: https://www.linkedin.com/in/gordonfiremark

Episode Chapters

(00:30) The $1 Haircut Analogy

(01:05) Welcome to PodBiz

(02:19) Where’s the Money in Podcasting?

(03:03) From Theater to Media Law

(05:27) Why Podcasting Isn’t Radio

(08:25) Making Legal Education Accessible

(09:11) Templates, Courses, and the DIY Legal Toolkit

(10:12) The $1 Haircut Rule

(12:08) Treating Your Podcast as a Business

(14:22) Top Three Legal Mistakes Podcasters Make

(16:46) StoryBrand and Making the Client the Hero

(18:36) Quality Over Quantity

(18:52) The Future of Podcast Discovery

(21:14) Audio First, Video Smart

(22:10) Closing Takeaways

Some Additional PodBiz Buzz...

“Getting people to pay you is great, but getting to keep the money they pay you is even better. If you don’t have contracts and clear ownership, you’re one disagreement away from losing it.”

“Fair use isn’t a shield you can hide behind. The best way to stay safe is to get permission or make it yourself.”

“Every podcast creates intellectual property. The sooner you treat it like a business, the more control you keep.”

“Good audio, clear intent, and understanding your rights matter more than a perfect studio setup.”

PodBiz is the podcast about the business of podcasting. Hosted by industry veterans Norma Jean Belenky and John Kiernan, the show features conversations with creators, executives, and platform leaders to answer one question: Where’s the money in podcasting?

Each episode dives into monetization strategy, adtech, branded content, IP development, and audience growth. Guests include leaders from Acast, Captivate, Crooked Media, Buzzsprout, True Native Media, Podfest, and more.

Learn more: njbmedia.co | thepodhouseproductions.com

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