Protect Your Podcast Like a Business with Attorney Danielle Alvarez

Most people think of podcasting as another form of social media for content creation or as a hobby. However, starting a podcast comes with the same responsibilities as running a business. You need a launch strategy, content-creation systems, a marketing strategy, a target audience, and a plan for long-term sustainability. 

I recently spoke with small business attorney Danielle Alvarez, Esq., and she made me realize how valuable a podcast can be when built intentionally, and how important it is to protect it legally. 

Even if you're not making money from your podcast right now, you should still protect it legally because it can create endless opportunities in the long run. As Danielle says, it will make you money eventually. 

The Digital Asset You Build Over Time: a Podcast 

One thing I want Latinas to understand is how powerful a podcast can be. You create content you own, unlike the content you publish on social media. And because you own your podcast, that is what makes it so powerful. The episodes become part of the broader collection of business assets. 

Each episode adds to your body of work and gives people and potential clients another way to discover you - your personality, your expertise, and your brand. Which is why I say you can definitely build your personal brand with a podcast. 

Your podcast is a platform beyond social media. Remember when TikTok went down for 24 hours? I do, because I remember so many creators who were upset and stressed out because that was their only income stream. But we cannot depend solely on one platform, especially one we do not own. Which is why podcasts are more valuable than social media: even when Instagram, Facebook, or TikTok goes down, you’ll still be able to connect with your audience through your podcast—even better, tying into an email list! 

Remember, each episode is a brick you are putting down to build your overall business foundation! And it will grow over time! 

Your Podcast Will Help You Attract Clients and Grow Your Business

Podcasting is long-form content, and these conversations help listeners get to know your personality, values, knowledge, approach, and framework! This builds trust. 

Use your podcast to answer questions you most commonly receive, break down complex topics, and share lessons; all of this helps potential clients understand how you think! 

At the end of every episode, you should lead your listeners to where you want them to go. Whether that is to sign up for your email list, buy a product, book a discovery call, or sign up for your program! 

How to Actually Protect Your Podcast

This is the most important part of my conversation with Attorney Danielle Alvarez. She explained that you should register your podcast as an LLC to keep your personal assets separate from your podcast or business assets. But keep in mind that an LLC does not protect the podcast name. You’ll need to file a trademark application. 

When you are hiring contractors to help you with cover art, logo, or music, you need to review the contract to see who has ownership of the content. 

If you are going to have guests on your show, you should have a consent and release form. In which the guest gives consent to be recorded, and the form states how the recording may be used, and whether guests can use raw footage for example. 

Are you thinking about starting a podcast with a co-host? According to Danielle, there needs to be a partnership agreement between the hosts. One that addresses the ownership, responsibilities, revenue, and what happens if one of the hosts leaves the podcast. 

Understanding Your Legal Responsibilities as a Podcaster

Danielle shares that you cannot share anything on your podcast as fact that could damage someone’s reputation, because you can be sued for defamation. 

If you are accepting payments from guests, you need to disclose that information on the podcast because then the episode becomes an advertisement. 

Lastly, make clear that the content in the episode is for general education purposes and cannot be used as legal advice, financial advice, or as a replacement for therapy (these are just examples). 

Please do not feel intimidated - I just want to make sure you are making informed decisions before problems arise. 

Your Podcast is Worth Building Intentionally 

I loved that Danielle shared she was part of the team representing a client who started their career as a podcaster and ended up selling their media empire for $90 million! 

This truly shows you that the possibilities with podcasting are endless! I recently hosted my workshop on how to launch a podcast with my framework, The V.O.I.C.E. Method, and one of the questions I received was, "What is the limit on how much money one can make podcasting. I told her that, just like a business, a podcast has no limit. There are podcasters out here getting sponsorship for thousands of dollars! 

However, I do not want you to solely focus on download numbers or revenue numbers at the beginning of your podcast journey! The first year should be focused on getting your systems in place, being consistent, and creating great content. From there, your show will gradually and organically grow. 

Make sure to listen to episode 43 and reach out with any questions!

Con Amor, Coach Heidy