Protect What You’re Building: Podcasting Smarter with Gordon Firemark, The Podcast Lawyer

Matt Levine chats with Gordon Firemark, the CEO of Firemark Enterprises and a leading voice in entertainment law. They discuss the legal side of podcasting, what creators get wrong about copyright, why “fair use” isn’t a free pass, and how to avoid costly mistakes with content and licensing. Learn how to protect your podcast, navigate grey areas, and stay one step ahead as the industry evolves.

• Gordon shares how a podcast guest spot back in 2006 changed the course of his legal and podcasting career. Learn why saying yes to small opportunities can start something way bigger than you expect.
• Gordon explains the one mindset shift that helps him stand out in a sea of 4 million shows. 
• Gordon explains the difference between podcasting in 2009 and today.
• Gordon reveals what most podcasters still get wrong about copyright, and why good intentions won’t save you in court.
• Gordon shares how he built trust with a niche audience, and explains why his audience tunes in every week. 
• Learn the legal blind spot Gordon says most beginner podcasters have. He also reveals how “freedom of speech” can land you in trouble.
• How to tell if your podcast idea is a smart niche or not. Gordon explains the two filters he uses to tell if a niche is worth pursuing.
• Gordon explains why thinking of yourself as a small creator is a mistake, even if you only have 10 listeners. What you say still carries weight and counts legally.
• Mark asks what makes YouTube outperform Spotify in podcast growth. Gordon shares the subtle tech shift that makes all the difference, as it's not just about video.
• Gordon breaks down the myth of ”fair use” with a simple example that will make you rethink how you clip content. 
• Learn how Gordon sees the future of podcast monetization, and why ad money isn’t the only route. What he suggests for smaller creators might be the fastest route to profitability.
• Matt and Gordon agree that AI won’t replace podcasters, but could still create a different kind of legal headache that goes beyond copyright. 
• Gordon shares the line between inspiration and infringement when using AI-generated content. Knowing where that line is might save you more than just legal fees.
• Matt challenges Gordon on whether podcasters are influencers. Gordon believes every content creator with an audience is an influencer. 
• As an influencer, every word you share carries weight, because even the best intentions can be misunderstood by parts of your audience.
• Learn why Gordon believes podcasters need legal representation just like Hollywood creatives, and why he feels creators should get representation in Congress.
• Gordon explains why entertainment law is more complicated than most lawyers admit, and how small misunderstandings could land you in trouble. 
• How to avoid the most common mistake podcasters make when quoting or sharing other people's content. Gordon reveals the legal principle most creators overlook when it comes to copyright laws. 
• Gordon shares what he thinks will happen in podcasting over the next five years, and why it’s not too late to launch your own podcast. 
• Discover how Gordon uses AI in his own podcast production, and why he’s not afraid of it, but is intentionally careful with it. His approach could save you time and keep you protected.

 

 

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