Top Legal Mistakes Podcasters Make and How to Avoid Them with Gordon Firemark

If you’re podcasting as a business, you can’t afford to skip the legal groundwork—contracts, trademarks, and protections aren’t just red tape; they’re your safety net.

In Episode 48 of the PodcastingTech Show, we’re cracking open the playbook to help you dodge costly errors, secure your brand, and future-proof your podcast. Our Guest? Gordon Firemark—aka “The Podcast Lawyer,” who has been a guiding force in the podcasting industry for over 16 years. Whether you’re launching your first show or navigating the complexities of a growing media brand, Gordon’s legal expertise is the gold standard for podcasters seeking to protect their content, brand, and business.

Gordon Firemark isn’t just an entertainment attorney—he’s one of the first lawyers to specialize in podcasting, host of the "Entertainment Law Update" and “Legit Podcast Pro,” and the creator behind Easy Legal for Podcasters and PodcastLawForms.com, resources that help podcasters demystify the legal maze.

Join Mathew and Gordon as they break down how intellectual property, trademarks, business structures, and guest release forms can make the difference between a hobby show and a professional brand. Gordon reveals the most common legal pitfalls podcasters face at every stage and discover why AI-generated content is a legal gray area, how the DMCA protects indie creators, and what most podcasters get wrong about using copyrighted music and show titles.

IN THIS EPISODE, WE COVER:

• How Gordon got into podcasting and why he focused his legal practice on podcasters (00:00:54)
• The biggest legal stumbles for new (and seasoned) podcasters: from neglecting contracts to missing trademarks (00:03:40)
• Why every multi-host show needs a “podcast prenup” and what a guest release form protects against (00:05:03, 00:11:02)
• The truth about using music or clips you don’t own: DMCA, nuisance lawsuits, and the myth of fair use (00:08:03, 00:19:18)
• How AI-generated content complicates copyright—and why you might not even own your AI-created episodes (00:13:25)
• What to do if your work gets stolen by another show or network (00:16:54)
• Gordon’s tech and industry wish list: improving podcast discoverability and smarter monetization for creators (00:24:47)

Links and resources mentioned in this episode:

• Learn more about Gordon Firemark: https://gordonfiremark.com
• Easy Legal for Podcasters course: https://easylegalforpodcasters.com
• Podcast Law Forms and free guest release template: https://podcastlawforms.com
• Legit Podcast Pro (Gordon’s own podcast): https://podcastlawyer.com/legit-podcast-pro-podcast/
• Connect with Mathew Passy: https://mathewdpassy.com
• Connect with Gordon Firemark on Social Media: Linkedin

Youtube

Instagram

Facebook

• Discover Gordon’s favourite podcasts: Colin Boyd’s “The Expert Edge” podcast: https://colinboyd.co/expertedge/
• Amy Porterfield’s Online Marketing Made Easy podcast: https://www.amyporterfield.com/amy-porterfield-podcast/
• DMCA info: https://www.copyright.gov/dmca-directory/

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