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Podcast Production Agreement for the United States

Podcast Production Agreement Template for United States

A Podcast Production Agreement is a legal contract used in the United States that governs the relationship between parties involved in creating, producing, and distributing podcast content. This agreement outlines the rights, responsibilities, and obligations of all parties involved, including production specifications, intellectual property rights, payment terms, and distribution arrangements. It typically includes provisions for content ownership, quality standards, delivery schedules, and revenue sharing, while ensuring compliance with U.S. federal and state broadcasting and digital media regulations.

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What is a Podcast Production Agreement?

The Podcast Production Agreement serves as a crucial legal framework for podcast creation and distribution in the United States. This document is essential when establishing a formal relationship between content creators, producers, and other stakeholders involved in podcast production. It addresses key aspects such as content ownership, production standards, distribution rights, and revenue sharing arrangements. The agreement ensures clarity in roles and responsibilities while protecting all parties' interests under U.S. law. As podcasting continues to grow as a medium, this agreement has become increasingly important for maintaining professional standards and clear expectations in the industry.

What sections should be included in a Podcast Production Agreement?

1. Parties: Identifies the parties entering into the agreement, including legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the podcast production services to be provided, including production requirements and deliverables

5. Payment Terms: Outlines compensation, payment schedule, and revenue sharing arrangements

6. Intellectual Property Rights: Establishes ownership of content, recordings, and associated materials

7. Term and Termination: Specifies duration of agreement and termination conditions

What sections are optional to include in a Podcast Production Agreement?

1. Talent Requirements: Specific requirements for hosts, guests, or talent, including union compliance if applicable

2. Distribution Rights: Details platform-specific distribution arrangements and digital rights management

3. Sponsorship and Advertising: Terms for advertising and sponsorship arrangements, including FTC compliance requirements

4. Music Licensing: Terms for music use and licensing, including rights clearance requirements

What schedules should be included in a Podcast Production Agreement?

1. Production Schedule: Detailed timeline for production and release of podcast episodes

2. Technical Specifications: Technical requirements for recording, production, and delivery format

3. Rate Card: Detailed breakdown of costs, fees, and revenue sharing calculations

4. Distribution Platform Requirements: Specific technical and content requirements for different distribution platforms

5. Content Guidelines: Editorial standards, content restrictions, and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses



































Industries

Copyright Act of 1976: Federal law governing copyright protection for creative works, essential for protecting podcast content, scripts, and recordings

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, particularly relevant for online distribution and protection of digital content

Fair Labor Standards Act: Federal law establishing standards for wages, overtime pay, and employment conditions when hiring employees or contractors

SAG-AFTRA Regulations: Union regulations that may apply when using professional voice talent or actors in podcast production

State Recording Consent Laws: Various state-specific laws regarding consent requirements for recording conversations and interviews (one-party vs. two-party consent)

FCC Broadcasting Standards: Federal regulations governing broadcasting standards and content requirements

FTC Guidelines for Endorsements: Federal guidelines governing sponsorship disclosure, endorsements, and advertising in media content

Electronic Distribution Rights: Legal framework governing digital distribution across various platforms and territories

Music Licensing Requirements: Regulations regarding the use of copyrighted music, including mechanical and synchronization rights

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Privacy Laws: Federal and state regulations protecting personal information and privacy rights of individuals featured in the podcast

COPPA: Children's Online Privacy Protection Act requirements if content is directed at or collecting information from children under 13

Independent Contractor Regulations: Federal and state laws governing the classification and treatment of independent contractors versus employees

Trademark Laws: Federal and state regulations protecting podcast names, logos, and associated branding elements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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