5 Key Protections Your Podcast Production Contract Must Have to Avoid Your Podcast Getting Hijacked
Want to know what you need in your podcast production contract for your podcast? Include these essentials to prevent your podcast from getting hijacked by your podcast producer.
A great podcast producer can take your podcast to the next level, but if you're anything like me, you want to avoid the danger of your producer taking your podcast away from you. As a lawyer myself who drafts podcast agreements for large and small podcasters like you, I'm sharing the essentials your podcast production contract must have to avoid the producer from hijacking your podcast.
You will learn all about what you need in your podcast production contract to avoid losing your podcast, so you'll have everything you need in your podcast production contract template to create a solid podcast partnership agreement with your producer.
After learning all about the key protections you need in your podcast production contract, you'll keep your podcast safe, and you can focus on growing your podcast without any fears of it being taken away from you.
This post is all about the crucial protections you need in your podcast production contract to prevent the producer from ghosting you and hijacking your podcast.
Best Podcast Production Contract
Key Protections for your podcast partnership agreement with your producer
Key protection #1: Secure full ownership of everything
A MAJOR red flag I see in many contracts from podcast producers and podcasting networks is that the podcaster only receives the IP rights (or ownership) of the published podcast episodes.
What that means is that everything else is either partly or fully owned by the producer, including the following:
Raw (video and audio) recordings made for your podcast
All edited versions of your episodes (that are not the final published version)
Any graphics created by or jointly with the producer, such as the podcast's logo, cover image, YouTube banner, etc.
Sound effects created by the producer
Intro and outro music created by the producer for your podcast
The show notes
The TikTok videos and Reels of your podcast
Your entire podcast!
In other words, the producer (co-)owns your voice and face!
And what happens when the producer suddenly ghosts you? That producer could use your podcast's audio and other materials for other projects. The producer could completely hijack your podcast, as the producer (co-)owns it, and you would not be able to do anything about it.
To avoid these major issues, you need the proper IP protections included in your podcast production contract that ensure everything that is created by or together with your producer will be fully owned by you and only you. That is not just the final product, like the published podcast episodes or the published podcast graphics, but also all previous draft versions thereof.
Also, when using licensed audio sounds or music for your podcast, like for your intro and outro, from a music or sound platform, like Artlist.io or Epidemic Sound, ensure those licenses are on your name.
Key protection #2: Get the files of all the episodes, graphics and drafts
Another major mistake that I regularly see in a podcast production contract is that the contract does not contain any practical provisions for sharing files.
What ultimately happens in practice? The producer never actually shares the MP3 and MP4 files of the podcast recordings and episodes with the podcaster. Also, the graphics created by or with the producer are often not even shared with the podcaster but only published through the podcast hosting platform or streaming platform.
What happens when the podcast ghosts you? You would factually have nothing on your computer to back up your podcast! The producer will have literally hijacked your podcast, as it's all on the producer's computer.
Even if you are sure the producer won't randomly ghost you, it can become an issue even if the producer has the best intentions. It can happen to any producer that they suddenly end up in a hospital, get stuck at an airport, or have a family emergency.
With no access to your next podcast episode that is scheduled to publish tomorrow, you can't even publish your own podcast episodes!
Whether intentionally or unintentionally, the producer has still hijacked your podcast, and you can't do anything to save it.
That is why your podcast production contract must include practical protections for these emergency situations, such as the following:
An obligation for the producer to share the MP3 and MP4 files of:
the raw recordings (if recorded by the producer),
all edited (draft) versions of the podcast episodes, and
the final published podcast episodes
An obligation to share the MP3 files of the intro and outro music and other sounds created or used by the producer for your episodes
An obligation to share the files of all the graphics of your podcast
That way, if anything happens (intentionally or unintentionally) and the producer can't finish editing or won't publish your next podcast episode, you can still publish your episode yourself or easily assign that work to another producer.
Key protection #3: Full access to your podcast's hosting and streaming accounts
But you can't publish your own podcast episodes yourself or hire another producer to take over your podcast when you don't have access to your podcast...
That brings me to the next major mistake many beginner podcasters make when having a producer set up their podcasts. Because they don't know how to set up a podcast, they have their producers set up their podcasts. However, many of these producers set up podcasts on podcast hosting and streaming platforms under their own names. Thus, instead of the podcaster, the producer owns and fully controls the podcast!
And often, this happens not because the producer is ill-intentioned. The producer probably does not even realise what a major problem this can cause when the podcaster wants to take over the podcast or hire a new producer. This also creates problems for the producer when the producer does not want to work with that podcaster anymore. Without this even being the intention of the producer, you have become fully dependent on the producer. And if the producer is ill-intentioned or just lazy, the producer can simply hijack your podcast.
This is why you need to set up your own accounts on the podcast hosting and streaming platforms (with the assistance of the producer). Once you have set up an account, you can then give the producer access to your accountsso that the producer can still publish your episodes for you. But you are still the owner of the accounts, and you can block the producer from accessing your accounts if any problems arise.
Thus, to ensure your accounts are properly set up in your name, your podcast production contract should at least state the following:
The podcast hosting and streaming accounts will be set up in your name
The producer will do everything to help you properly set up your accounts
That way, your accounts will be properly set up, and your podcast will be protected from getting hijacked.
Key protection #4: Clear deadlines and approval process
The next protection you need in your podcast production contract is a step-by-step process from recording to publication for each episode (and the podcast setup if you are starting a podcast). The process needs to include clear deadlines for delivery and your approval.
That way, the producer is legally bound to edit and publish your podcast episodes on time.
Thus, you need to at least outline the following:
When and how the episodes are recorded
Within how many days of recording, the producer must deliver the first edited episode
Within how many days you must give feedback or your approval
Within how many days the producer must deliver the second edited version for your approval
On which days and at what time the final episode the producer must publish your podcast episodes
Your producer is then legally bound to stick to your schedule.
The producer will not be able to hijack your podcast and still get paid. Well, only if you have the following protections in your podcast production contract...
Key protection #5: Only pay for what you get
The next protection you'll need in your podcast production contract is the right payment terms.
A payment structure I have seen in many contracts with producers is that the podcaster must pay a fixed monthly fee.
But what if the producer does not publish the agreed number of episodes in that month? Or what if the producer publishes the episodes but does not do so in accordance with the agreed schedule? Or what if you go on a two-week vacation, and you can only publish half the episodes?
In these cases, you should not be bound to pay that fixed fee (in full).
Often, I even see that the fixed fee must be paid in advance.
Well, then, the producer can easily hijack your podcast and steal your money for work the producer will never deliver.
That is why you must agree on fair payment terms in your podcast production contract, including at least the following:
A monthly payment to be made after the end of each month based on the number of episodes actually published
A reduction of the fee if the producer's services are not delivered on time
The right to suspend payments if the producer does not deliver (on time)
With all these protections in place, you'll have an iron-clad podcast production contract preventing your producer from hijacking your podcast!
Avoid major mistakes with a podcaster-friendly podcast production contract template
Now, you know about all the steps you need to take and the safeguards you need to protect your podcast from getting stolen.
Don't have a podcast production contract template that includes all the key protections you need? Or has the podcast producer presented you with a contract that protects the producer but not your podcast?
I have created a podcaster-friendly podcast production contract template for beginner and professional podcasters like you!
Get my podcast production contract, including all the crucial protections for your podcast, on this page of my contract shop!
Want to get all the essential podcast contracts to safeguard your podcast and money? Get the complete Podcaster Bundle on this page of my contract shop!
Hosting a guest on your podcast? The essential podcast guest agreement template
Are you having guests on your podcast? Read everything you need to know before you invite a guest to your podcastin these blog posts:
This post was all about how to prevent your podcast from getting hijacked by your podcast producer with an iron-clad podcast production contract.
Learn more about the common mistakes every podcaster must avoid in this blog post on the 5 Common Mistakes You'll Avoid with the Right Podcast Production Agreement (for Podcasters).
Learn about the key essentials you need in your podcast productions contract template in this blog post on the 5 Key Terms Every Podcast Agreement Between a Podcaster And a Producer Needs to Protect the Podcast(er).
Need a podcast production contract? Get your podcaster-friendly podcast production contract template on this page of my contract shop!
Or, become a pro and get the complete Podcaster Bundle, including the podcast production contract, on this page of my contract shop!
