How an Online Media Business Hired a Lawyer to Draft a Podcast Contract in New York

If you're about to sign a podcast contract, stop and get legal advice first. These agreements can affect your creative rights, income, and control over your brand for years. Here’s what you need to know to protect yourself—and how to move forward smartly. 1. Who Owns Your Content? Ownership is everything. The contract should clearly state who owns the podcast, its name, the format, and anything tied to it like live events or merchandise. • Best case: You retain full ownership. • Minimum: Negotiate a limited-use license. • Red flag: Vague phrases like “all content created in connection with the show” could even include your personal brand. 2. Understand How You’ll Be Paid There are a few standard models: flat fees, revenue shares, or hybrids. But how the contract calculates and distributes revenue is critical. • Push for clear accounting language. • Ask for the right to audit their books. • Be wary of recoupment clauses that deduct marketing or production costs before you get paid. If revenue is involved, transparency must be non-negotiable. 3. Limit Exclusivity and Non-Compete Terms Don’t agree to anything that shuts down your ability to create elsewhere. • Narrow the scope: Limit exclusivity to similar shows in your genre only. • Protect your brand: Include exceptions for guest spots, unrelated media, or your own personal projects. These clauses can quietly box you in if you’re not careful. 4. Know How the Contract Ends. And What Happens After It’s not just about how you start. It’s about what happens if things fall apart. • Can either party end the agreement, and how? • What happens to your content and future payments? • Can you buy back rights or move your show to another platform? A fair termination clause protects your future options. 5. Guard Your Creative Control This is your voice, your show, your vision. Don’t hand over the reins. • Define who controls guests, topics, edits, and overall format. • Push back on any vague “editorial oversight” rights from the network. You should have final say unless there’s a very specific legal or platform concern. 6. Read the Fine Print Closely Today’s contracts often include language around AI, morality clauses, and unforeseen events. Make sure: • AI use is defined: Who owns AI-assisted content? • Morality clauses are narrowed: They should relate only to actual legal violations, not vague conduct standards. • Force majeure terms are realistic: These should protect you too, not just the network. 7. Work With the Right Lawyer Hire an entertainment attorney who works in podcasting and digital media. Not just any lawyer. • Look for someone who handles creator contracts regularly. • They’ll know what’s standard, what’s negotiable, and what’s a trap. This is a specialized area—get a specialist. 8. It’s More Affordable Than You Think Legal help doesn’t have to break your budget. • Most contract reviews cost $300–$800 flat fee. • Many lawyers offer low-cost consultations to help you gauge whether full review is necessary. A small investment now can save you from years of bad terms later. 9. Here’s What You Should Do Right Now • Request an editable contract for redlining. • Highlight unclear sections, especially around ownership, exclusivity, and revenue. • Research the network: Do they promote their shows? How have they treated other creators? Your leverage is highest before you sign. Don't rush. Don’t guess. This contract could shape your income, your brand, and your rights for years. Getting a qualified attorney to review your deal is one of the smartest moves you can make.

1. Post-Termination Non-Compete Clauses It is legally possible for a contract to include a post-termination non-compete, but these are subject to limitations. Courts generally look at: Duration (e.g., 6–12 months) Geographic scope (less relevant for digital content but still noted) Scope of restriction (e.g., same topic, format, or competing platforms) If the restriction is overly broad—like prohibiting you from podcasting at all—it may be unenforceable depending on your state’s laws. 2. Exclusivity Clauses (During the Contract) Many podcast contracts prohibit hosting or producing other shows during the term. That’s typical. The issue becomes: does the language extend after the agreement ends? If so, you’ll want to review: Whether it’s a true non-compete How long it lasts If there’s compensation tied to the restriction 3. IP & Ownership Check whether the network claims ownership over: Your host name or likeness The podcast’s brand or concept Past episodes and subscriber lists They may argue that launching a “similar” show is derivative or confusingly similar if they own your original show’s IP. What You Can Do: Review the exact contract language—pay close attention to any clause that mentions exclusivity, non-compete, or “work for hire.” Consult with an attorney (I’d be glad to assist) to evaluate whether the restrictions are enforceable or negotiable. If you're not yet at the end of the agreement, you may also consider negotiating a clean exit or carve-out for future projects. Let me know if you’d like help reviewing your agreement—I can walk you through what’s enforceable, what’s negotiable, and how to position yourself for creative freedom moving forward.