Podcasters are no strangers to legal disputes. In fact, many podcasters have been hit with lawsuits ranging from defamation to copyright infringement. As a result, it's important for podcasters to be aware of the legal risks they face and take steps to avoid becoming the target of a lawsuit. Here are some tips for avoiding legal trouble as a podcaster.
While this is not a comprehensive list of risks that podcasters face, the following are the most common risks which currently comprise over 90% of all lawsuits filed against podcasters.
1. Be Careful What You Say
One of the easiest ways to get into legal trouble as a podcaster is to say something that is defamatory, libelous, or otherwise offensive. If you say something that harms someone's reputation or causes them financial damage, you could be sued for defamation. Even if you don't actually intend to harm someone, you could still be held liable if your comments are seen as defamatory by a court of law. To avoid defamation lawsuits, it's important to be careful about what you say on your podcast and to avoid making any statements that could be construed as defamatory.
2. Don't Use Copyrighted Material Without Permission
Another way to land yourself in hot water is to use copyrighted material without getting permission from the copyright holder first. This includes using somebody else's music, video, images, or other content on your podcast without their permission. If you do use somebody else's copyrighted material without permission, you could be sued for copyright infringement and be forced to pay damages. To avoid copyright infringement lawsuits, make sure you get permission from the copyright holder before using any copyrighted material on your podcast.
3. Be Careful About What You imply
In addition to being careful about what you say, you also need to be careful about what you imply on your podcast. If you make false or misleading statements about a person or business, you could be sued for slander. For example, if you imply that somebody is a criminal without any evidence to back up your claim, you could be sued for slander. To avoid being sued for slander, make sure that you only make statements on your podcast that you can back up with facts.
4. Respect People's Privacy
Another legal risk podcasters face is violating someone's right to privacy. If you disclose private information about someone without their consent, you could be sued for invasion of privacy. For example, if you reveal somebody's home address or medical condition without their permission, you could be sued. To avoid being sued for invasion of privacy, make sure you respect people's privacy and only disclosing information that is publicly available or that the person has consented to having disclosed.
5. Don't Engage in False Advertising or Puffery
If you make false or misleading statements about your podcast or a product you're promoting on your podcast, you could be sued for false advertising. For example, if you claim that your podcast is the number one podcast in the world when it's not, you could be sued. To avoid being sued for false advertising, make sure that any claims you make about your podcast or a product you're promoting are accurate and can be substantiated.
6. Don't Make Threats
Making threats on your podcast is a surefire way to get into legal trouble. If you threaten to harm somebody or their property, you could be sued for harassment or making terrorist threats. Even if you don't actually intend to carry out the threat, you could still be held liable if the person you made the threat against feels threatened by your comments. To avoid being sued for making threats, it's important to avoid making any threats on your podcast, even if you're just joking around.
One of the easiest ways to get into legal trouble as a podcaster is to say something that is defamatory, libelous, or otherwise offensive.
Podcasters Liability Insurance
In addition to following the above tips, you might want to consider purchasing Podcasters Liability Insurance. This type of insurance can protect you from lawsuits arising from defamation, copyright infringement, and other claims. You will need to speak with an insurance professional to determine the limits of coverage and which policy is right for you and your podcast.
Conclusion
Podcasting is a great way to share your ideas and connect with others. However, it's important to be aware of the legal risks involved in podcasting. By following the tips above, you can help reduce your risk of getting sued.
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As with any legal issue, it is important that you obtain competent legal counsel before making any decisions about how to respond to a subpoena or whether to challenge one - even if you believe that compliance is not required. Because each situation is different, it may be impossible for this article to address all issues raised by every situation encountered in responding to a subpoena. The information below can give you guidance regarding some common issues related to subpoenas, but you should consult with an attorney before taking any actions (or refraining from acts) based on these suggestions. Separately, this post will focus on New Jersey law. If you receive a subpoena in a state other than New Jersey, you should immediately seek the advice of an attorney in your state as certain rules differ in other states.