Podcast law attorney

A podcast constitutes a work of the mind protectable by copyright (Article L.112-2 of the Intellectual Property Code). Depending on its format, it can be classified as an audiovisual work (if accompanied by video), a sound work, or a composite work when it incorporates pre-existing elements (music, excerpts).

This classification determines the applicable legal regime and the creator's rights.

The podcaster-author benefits from economic rights (reproduction, performance, adaptation) and moral rights (attribution, integrity, disclosure). These rights arise from the very creation of the work, without any filing formality, and last 70 years after the author's death.

In the case of a collaborative podcast (interviews, co-hosting), the classification as a collaborative work or collective work has direct consequences on rights ownership.

Beyond copyright, podcasts involve neighboring rights: those of performing artists (hosts, guests, voice-over) and those of the phonogram producer who takes the initiative and financial responsibility for the sound recording. These rights must be contractually framed to avoid future disputes.

The production contract defines the relationship between the podcast creator and the producer (natural or legal person who finances and organizes production). It must specify: rights ownership over the work, creator's compensation (flat fee, proportional royalties, or mixed), exploitation conditions (platforms, territories, duration), and each party's obligations.

The assignment of copyright on a podcast follows the strict formalism of the Intellectual Property Code (Article L.131-3 CPI): each assigned right must be separately mentioned, the scope of exploitation must be defined (extent, purpose, location, duration), and the author's compensation must in principle be proportional to exploitation revenues.

The choice of hosting platform (Ausha, Acast, Spotify for Podcasters, Apple Podcasts) involves accepting terms of service that may affect your rights. INFLUXIO analyzes and negotiates these contracts to protect your intellectual property and your data.

Monetizing a podcast through sponsorship or product placement is subject to the transparency rules of the June 9, 2023 law on commercial influence and the ethical rules regarding advertising. The contract must specify the collaboration conditions, disclosure obligations, and exploitation rights for sponsored content.

Any use of copyright-protected music in a podcast requires prior authorization. SACEM offers a specific podcast contract allowing the use of the protected musical repertoire for a fee. Neighboring rights (phonographic producers, via SCPP or SPPF) must also be negotiated separately, which is a major issue in music law.

So-called 'royalty-free' music libraries (Epidemic Sound, Artlist, AudioJungle) are not free of legal risks. The usage license varies by platform and subscription plan. Some licenses exclude commercial use, monetization, or distribution on certain platforms. INFLUXIO audits your licenses to verify their suitability for your use.

Creating a jingle or original music for your podcast requires drafting a commission contract with the composer, including an appropriate rights assignment. This contract must specify exploitation conditions, the composer's compensation, and the treatment of rights upon the end of the collaboration.

Each guest must give informed consent to the recording and broadcast of their image and voice. This consent should ideally be formalized in writing and specify the exploitation conditions: broadcast platforms, duration, possibility of rebroadcast, use of excerpts for promotional purposes.

The guest generally has a right to withdraw their consent, but the practical details must be anticipated contractually: retraction period before publication, financial consequences of late withdrawal, conditions for deleting or modifying the episode.

The trend toward video podcasts (simultaneous distribution on YouTube, Twitch, Instagram) broadens the issues: rights must cover all broadcast platforms, and the specific rules of each platform (YouTube Content ID, Twitch moderation) must be taken into account.

Advertising in podcasts is subject to general advertising rules (fairness, truthfulness, identification) and the specific provisions of the June 9, 2023 law if the podcaster is an influencer. Product placements must be clearly identified with the mentions 'advertising' or 'commercial collaboration.'

The freemium model (free episodes + paid exclusive content) requires drafting T&Cs compliant with consumer law, including the 14-day right of withdrawal for digital content and archive access conditions.

Organizing live podcasts or events around your podcast brand involves specific regulations: prior declaration, safety, ticketing, and management of recording and rebroadcast rights.

Spotify, Apple Podcasts and Audible negotiate aggressive exclusivity windows. We assess competition law implications (Article 102 TFEU, abuse of dominance), structure carve-outs and protect creators' editorial control.

Investigative podcasts must navigate the Press Law of 29 July 1881 (3-month statute of limitations for defamation), the right of reply (Article 13), and the protection of sources (Article 2). We advise editors on pre-publication risk reviews and post-publication crisis management.