TPS Ep. 038 – Podcasting and the Law – An Interview with Entertainment Attorney Gordon Firemark

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On this episode I interview entertainment lawyer and podcaster, Gordon Firemark.

We talk about the many different legal issues surrounding podcasting and podcasters including copyright, fair use, model releases and much more. Do you know your rights if your original content is taken and used without your permission or violates the copyright you have in place? What can you do to make sure you are getting proper credit for your content? Gordon tells how to approach such situations from both a formal (drop some legal forms on ’em) and informal (ask nicely) perspective.

All the issues we touch on in this interview are explained in much deeper detail in Gordon’s new ebook: The Podcast, Blog and New Media Producer’s Legal Survival Guide. Get a discounted copy of the ebook by visiting: and entering the promo code “PodcastHelper” upon checkout.

download this mp3 (57 MB|62 min.)

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About Ray Ortega

Full-time podcast producer and host of The Podcasters' Studio and Podcasters' Roundtable, I enjoy sharing my ten years of experience making podcasts to help others improve or start their own show.


  1. Brandon Zamora says:


    I just put up the second episode of my podcast which is basically a radio show. Theme song is original content that I have permission to use. But now I’m getting worried because I didn’t know (due to all the free content on Youtube and file sharing etc.) that you needed to get permission to play music on a podcast. How do I find about where to contact the artists I’ve played on my show. Most of the music I play is about 50 years old by mostly obscure artists so I wouldn’t even know where to begin about contacting the artists or their estates. I always give credit to the artists of course but I’m wondering if I should take down the episodes or if there was a resource that shows you how to contact artists to get their permission.


    (Clueless Podcaster)

    • Hi Brandon, congrats on the podcast. It sounds like you don’t have much to be concerned about if the music is unique/original and you have the rights to play it. It may not get picked up by the YouTube algorithm (Content ID) at all and if it does then you can remove it or prove that you have permission to play it. It doesn’t sound like it’s probably a very recognizable song so you’re probably ok. If you’re concerned then look into some royalty free music that is pre-cleared via a site like

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