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The Ultimate Guide to Copyright & Fair Use for Podcasts: Everything You Need to Know

Published on: 27th February, 2025

Can you legally use that movie clip, song, or viral sound in your podcast? Or are you putting yourself at risk for a copyright takedown or even legal action? Fair use is one of the most misunderstood legal concepts in content creation, and podcasters often assume they have more freedom than they actually do.

In this episode, I break down everything you need to know about fair use for podcasts, including:

  • What fair use really means and how it applies to podcasting
  • The four legal factors courts use to determine fair use
  • Common myths that can get podcasters in trouble
  • Why giving credit or using a short clip doesn’t automatically protect you
  • Safer alternatives for using music, movie clips, and other copyrighted content

Whether you're a seasoned podcaster or just getting started, this episode will help you make smarter decisions about using copyrighted material. Don’t risk your podcast—learn the right way to handle fair use.

Resources & Links:

  • Free Legal Lesson for Podcasters: https://gordonfiremark.com/levelup
  • Free Podcast Guest Release Template: http://podcastrelease.com
  • Easy Legal for Podcasters - Legal & Business Training: https://easylegalforpodcasters.com

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About the Podcast

Legit Podcast Pro
Exploring Podcasting through the legal and business lens from The Podcast Lawyer™, Gordon Firemark
Take your podcast to new levels of professionalism and profit. Join The Podcast Lawyer™ Gordon Firemark for tips, strategies, advice and Q&A with top podcasters. Learn how to grow and profit from your podcast like a pro.
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About your host

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Gordon Firemark

Gordon Firemark (gordonfiremark.com) has practiced media and entertainment law in Los Angeles since 1992. Widely known as The Podcast Lawyer™ (ThePodcastLawyer.com), he has spent his career helping creative industry professionals make deals that make sense, and that get their productions developed, financed, produced and distributed. His practice also covers copyrights, trademarks, business transactions, and corporate matters for clients in media and entertainment.