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Podcasting is a huge growth area in Australia.
Earlier research from 2020 indicated that 1.6 million Australians were tuning into podcasts. However, current trends in 2025 show that over 2.3 million Australians now regularly listen to podcasts, and podcasting revenue is projected to increase by around 50% this year. With digital innovation and evolving consumer habits, these figures continue to climb as audiences embrace fresh voices and innovative formats.
With so many active listeners, there’s never been a better time to start your own podcast. It’s a perfect way to deliver the latest information, share your passions, and increase awareness of your brand.
However, starting a podcast can be both exciting and daunting. Before you start recording, uploading and promoting your podcast, it’s essential to get the legalities right from the very beginning.
If you’re interested in setting up a podcast but don’t know where to start, we’re here to help.
In this article, we’ll break down the key legal points you need to consider before launching your podcast. We’ll also answer some common questions about the type of content you can include and how to legally protect your creative work.
Naming Your Podcast
With so many diverse and unique podcast names out there, it can be challenging to choose a name that not only fits your content but also helps you stand out from the crowd.
Before you settle on a name for your podcast or start creating social media accounts, make sure the name hasn’t already been trade marked in Australia. This simple check can save you from potential legal issues down the track.
A trade mark is a registered logo, sign, phrase, word or symbol that distinguishes your goods or services from those of others. You can use the Australian Trade Mark Search to see if a similar trade mark already exists.
So, is it necessary to register a trade mark for your podcast name?
In short: yes, it’s very important! If you want exclusive rights over your podcast name and logo, it is best to register a trade mark. Check out our guide on 5 things you need to know about registering a trade mark in Australia for essential tips on protecting your brand.
If you’re aiming for a global audience with your podcast, you might also consider registering an international trade mark to safeguard your intellectual property beyond Australia.
Will You Have Ownership Rights Over Your Podcast’s Written Scripts, Music And Recorded Audio?
A common mistake people make when starting a business is forgetting to ask: “Do I actually own every component of this venture? How can I be sure about my ownership rights?”
In a podcast setting, you need to consider whether you own your theme song, written script and recorded audio. Ownership is key when determining how your content can be used or licensed in the future.
In Australia, the moment you create a work, you are automatically protected by copyright. This protection means you have the exclusive right to use, reproduce and modify your creative work. If someone else wants to use elements of your podcast, they must first get your permission.
Copyright protects two types of materials:
- Works – including literary, dramatic, musical and artistic works.
- Subject matter other than works – such as films, sound recordings, broadcasts and published editions.
Generally, as a podcast creator, you should focus on obtaining ownership of your sound recordings and broadcasts.
For your work to be protected by copyright, it must be expressed in a material form – for example, by writing your script, recording your audio or saving it on a hard drive. Pure ideas are not protected until they are given a tangible expression. Learn more about how copyright works by reading our detailed explanation here.
If someone else wants to use part of your podcast, or if you hire someone to produce content for you, having the right legal documents in place is crucial for protecting your intellectual property. Our team can help you draft agreements tailored to your situation.
Do You Need Permission To Use Others’ Work In Your Podcast?
You might be considering incorporating external copyrighted works – such as a popular song – into your podcast. It’s essential to obtain permission to use any copyrighted material, or you could face copyright infringement issues.
For instance, if you plan to use another artist’s song in your podcast opening, you must seek permission from the copyright owner regardless of how brief or modified the excerpt may be. We explain more about navigating these issues here.
Can You Talk About Current Events On Your Podcast?
You do not need permission to discuss current or factual events reported in the news on your podcast. However, the direct reproduction of protected content – such as excerpted articles or broadcasts – without permission remains prohibited.
How About Reviewing A Book?
Although a book is copyrighted material, reviewing it typically falls under the “fair dealing” exception. This exception permits limited use of copyrighted material for purposes such as reporting news, research, criticism or review, and parody or satire, provided you acknowledge the source.
If your review does not meet these fair dealing criteria, you must seek permission from the copyright owner.
What Do You Need To Know About Having Guests On Your Podcast?
Before recording an episode with a guest, it’s important to clarify who will own the resulting work. If you intend to have exclusive ownership of the content, this must be clearly documented in a legal agreement.
Drafting a simple agreement that outlines whether the copyright and other rights associated with the recorded material are retained by you, your guest, or shared between both parties is a wise precaution. This not only protects your interests but also sets expectations clearly.
Should You Have Legal Agreements In Place With Your Podcast’s Co-Hosts, Employees And Sponsors?
If you’ve brought on an employee or an independent contractor to help with your podcast, it’s crucial to have the proper legal agreements in place. These documents help ensure that you own the intellectual property they create and clearly define each party’s rights and responsibilities.
Similarly, if you engage a freelancer for your podcast’s artwork, logo or other creative components, securing ownership of that intellectual property through a written agreement is essential. We also recommend having formal agreements with your co-hosts and sponsors to ensure everyone is on the same page from the outset.
Looking ahead to 2025, with digital platforms evolving and new technologies emerging-including AI-driven content creation-it’s wise to revisit your legal documents periodically. Updating your privacy policies and terms of use can protect you against new risks and ensure compliance with recent regulations. For guidance, check out our resources on privacy policy requirements and our contract review services.
Ready To Get Started?
If you’re not quite sure how to set up and protect your podcast in today’s dynamic digital landscape, we’re here to help! Our friendly, experienced team of lawyers will ensure you have all the right legal contracts in place-freeing you up to focus on creating outstanding podcast content.
We’re available for a free, no-obligations chat about your specific situation on 1800 730 617 or at team@sprintlaw.com.au.
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