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Podcasting in Canada – The Legal Way!

Aug 16, 2021

Canadians love a good Podcast, and are actually one of the leading countries when it comes to podcast listenership. We are here for it! If you have your own show or are considering taking the leap and establishing your own podcast in the near future, we have a few tidbits to share about doing it the legal way, in Canada.

Podcast Release Forms

Owning the content you release should always be your number one priority. If you have guest speakers join your episodes, It is an incredibly smart idea to have them sign a podcast release form prior to recording. This contract is short and sweet but makes big moves as far as ensuring you get full creative control over the episode(s) you create together.

A podcast release form will enable you to set expectations and outcomes for the show, and clearly specify any remuneration being offered, if any, for the guest’s participation. Without this contract in place, you are potentially putting yourself (and your show) in jeopardy. If you want to be in complete control of how you edit, release (or choose not to release) and market your podcast, without future repercussions or requests for payment, then this contract is a must-have for the security and longevity of your show.

Licensing Music for Use in a Podcast

In order to use musical work in a podcast, you actually need to get authorization to do so. It all depends on what you are looking for. There are instrumental, royalty-free options out there, which are just a google search away, but if you decide on a specific artist’s work, it is important to understand their rights.

When an artist signs a deal with a record label, as part of that contractual relationship, the record label is granted the sole and exclusive right to distribute the artist’s music. So, when a podcaster includes that song in their production, the podcaster becomes a de facto distributor of a digital file of that song. This is problematic for several reasons. 1) It is unauthorized use, and 2) this actually breaches the contractual relationship owned by the record label. Legally speaking, the podcaster can actually be charged with unauthorized duplication of copyrighted work. This is what is commonly referred to as: “Piracy”.

In Canada, the Society of Composers, Authors and Music Publishers of Canada (SOCAN) is the most recognizable authority. You can license select works from their libraries by paying royalty fees to SOCAN and they pay those fees over to the owner of the Musical work. They do take a small commission, but this is one amazing way to support other artists.

Trademark

As a podcaster, you will spend countless hours building your brand to include the name of your show, a logo, and maybe a tagline. These elements are the number one way your listeners will be able to identify your show from the sea of others. Trademarking these elements, or at least your show’s title, is the most secure way to protect them from copy-cats.

If you are just starting out, you may think it best to dismiss Trademarking for now, until your show starts making solid revenue, but we cannot stress enough just how important it is to protect your work prior to being presented with issues. Think of the struggles you could face down the line if you realize someone else has trademarked similar elements to yours and you are forced to change your title, logo or tagline… What a mess!

If you are looking for a step-by-step guide from the Canadian Government on how to file a trademark, we recommend looking here, or alternatively, we recommend you find an attorney in your jurisdiction to help you through the process, and avoid potential errors in filing!

There are always legal aspects involved in starting a business or podcast, and we hope to help you navigate through some of the questions. Don’t forget to take a peek at Contracts for Entrepreneurs for your Podcast Release Form, and get your podcast back on track!

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