What are the legal implications for the booming podcast sector?

Podcasting and the Law: IP Risks Behind the Mic

Punchy Intro

Podcasting has exploded from a niche tech pastime into one of the fastest‑growing media formats in the world. With more than 21.2 million listeners in the UK and over 2 million podcasts globally, the industry is now a serious commercial space. Law firms, brands and creators are rushing to join the audio boom. But as with any creative sector, legal risks sit quietly beneath the surface.

The Legal Landscape of Podcasting

Podcasting is decentralised, accessible and lucrative. That combination creates fertile ground for intellectual property disputes. Copyright, trademarks and format ownership are the most common flashpoints. As the industry matures, podcasters must understand the legal framework that governs their content.

Podcast Names: Branding and Trademarks

A podcast’s name is part of its brand identity. Registering it as a trademark protects it from imitation.

A recent example illustrates the issue. Emily Ratajkowski launched High Low with EmRata, a name strikingly similar to The High Low, a hugely successful podcast that ran for 4 years and amassed 27 million downloads. Even though The High Low has ended, a new show with a similar name inevitably benefits from its predecessor’s recognition.

Trademark registration helps prevent this kind of brand confusion.

Podcast Content: Copyright and Permissions

Unless a podcast is entirely original, creators must obtain permission to use third‑party content.

Music

Music carries two separate copyrights:

• Publishing rights for lyrics and composition
• Master rights for the recording

Royalty‑free music is available, but well‑known tracks require licences from rightsholders. Failure to obtain licences can lead to infringement claims. PokerNews faced legal action for using unlicensed music owned by Universal Music Group.

Spoken word

Spoken word content is protected as literary works and sound recordings. Recent years have seen spoken word creators, represented by organisations such as Spoken Giants, seek royalties equivalent to those paid to songwriters.

Copyright protects both the work of others and the podcaster’s own original material.

Music Licences: PRS, PPL and Podcast‑Specific Rules

The music industry relies on Collective Management Organisations to administer rights.

PRS for Music

PRS licenses publishing rights. Podcasts generating less than £12,500 in annual revenue require a Limited Online Music Licence. Those earning more require a Joint Podcasting Licence.

PPL

PPL licenses master rights for performers and record companies. However, PPL does not license music for podcasts. Podcasters must obtain direct licences from the recording rights holder.

This dual‑licensing structure is a common source of confusion for new creators.

Copyright Exceptions: Fair Dealing

UK copyright law contains exceptions that may apply to podcasting.

Fair dealing allows limited use of third‑party content for:

• Criticism
• Review
• Reporting current events
• Parody
• Caricature
• Pastiche

There is no statutory definition of “fair dealing”. The accepted test is whether the use is reasonable, appropriate and causes no financial loss to the original creator.

Content Plagiarism: Formats, Ideas and Ethics

Plagiarism is a growing concern in podcasting. As advertising revenue is predicted to reach £63 million in the UK within a few years, commercial pressures have increased.

Earlier this year, Podnews reported a potential infringement involving Audiochuck, the company behind Crime Junkie. Its new show The Deck launched nearly two years after Dealing Justice, using a strikingly similar playing‑card format. Whether legal action follows depends on the original creators’ appetite for litigation.

Podcasting began as a collaborative community with unwritten rules. Commercialisation has eroded those norms.

Production Companies: Ownership and Control

The rise of podcast production companies has created new legal tensions.

In October, The Guardian reported that the co‑creators of Spotify’s Sex, Lies & DM Slides were replaced with new hosts. Spotify secured trademark approval for the show’s name only after multiple episodes had aired. This led to accusations that Spotify had taken ownership of the format.

One creator commented publicly: “We created it…Spotify just paid for it to be made.”

Understanding ownership, distribution rights and monetisation terms is essential when working with production companies.

Looking Ahead

The legal profession is likely to see a rise in IP disputes within podcasting. Many independent podcasters do not know what they can legally use, or cannot afford licences. Enforcement is difficult due to the decentralised nature of the medium. Power imbalances between independent creators and major media companies further complicate litigation.

As the industry grows, legal literacy will become as essential as good audio quality.