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A Beginner’s Guide to Podcast Licensing Agreements: What You Need to Know

BY REGINA BRAUER (PLAYLAND FUND | CIO)
SEPTEMBER 2024

If you’re new to the podcast world, understanding licensing agreements can be a key step toward successfully monetizing and distributing your content. Whether you're creating original podcasts or incorporating third-party material, knowing how to navigate licensing agreements ensures you avoid legal pitfalls while maximizing revenue potential.

What is a Licensing Agreement in Podcasting?

In simple terms, a licensing agreement is a contract that allows someone to use intellectual property (IP)—such as music, audio clips, or even an entire podcast—owned by another party. For podcasters, this could involve licensing your show to a platform, allowing them to distribute it, or licensing third-party content (such as music) for use within your episodes.

Why Licensing Matters in Podcasts

  • Revenue Generation: Licensing deals can help podcasters make money by giving platforms the right to distribute or advertise your podcast, in exchange for royalties or flat payments. If you have a successful podcast, major platforms like Spotify, Apple Podcasts, or even networks may seek licensing deals
  • Content Use Rights: When using third-party music or audio clips in your show, you’ll need to obtain a license to avoid copyright infringement. This protects you legally and ensures you’re not at risk of being sued or having your content removed.

Why Investors Are Interested

  1. Strong IP Portfolios: The more valuable the intellectual property (like Disney’s Marvel or UMG’s music catalog), the more lucrative the licensing opportunities.
  2. Control of Distribution: Companies like Netflix and Disney+ not only produce original content but also control how that content is distributed, ensuring a greater share of profits.
  3. Scalability of Content: Streaming platforms and global syndication deals mean that content can be consumed worldwide, making every piece of IP more valuable.

How Licensing Agreements Work in Podcasting

  • Ownership and Usage: A licensing agreement will specify who owns the content (you, the creator) and what rights the other party has to use it (for distribution, advertisement, etc.)
  • Royalty Payments: Many licensing agreements include a royalty structure, where the podcaster is paid based on streams, downloads, or advertising revenue. Platforms may pay a percentage of revenue generated from your content.
  • Term of Agreement: The length of the agreement is crucial. Some contracts may be for one year, while others may extend indefinitely. Make sure to understand how long your content will be tied to one platform.

Key Considerations for New Podcasters

  • Protect Your IP: Always ensure that the licensing agreement clearly states that you retain ownership of your podcast unless you’re selling the rights outright. This allows you to retain control over your content and future use.
  • Understand Revenue Models: Know how royalties are calculated, and ensure the agreement covers advertising revenue if ads will be placed in your podcast.
  • Clear Terms for Content Use: If you’re using music or third-party clips, ensure you have the proper licenses for distribution and avoid infringing on someone else’s IP.

Starting with a solid understanding of licensing agreements can set you up 
for long-term success in the podcasting world.

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