What Goes into a Podcast Prenup™ and Why You Need One

If you’re starting (or already started) a podcast with a team, co-host, or even just a regular guest, there’s something crucial you need to consider: a podcast prenup. This document is your safety net, designed to keep things clear and avoid future disputes over who owns what, who controls what, and how everyone gets compensated. Let's dive into what a podcast prenup™ is, who needs one, and what it should include.

What is a Podcast Prenup™?

A podcast prenup is an agreement between all parties involved in creating a podcast—like co-hosts, producers, writers, or editors. It lays out the rights, responsibilities, and expectations for everyone from the start. Think of it as your roadmap for navigating any bumps in the road, so you can keep creating without the stress of ownership disputes or control battles.

Who Needs a Podcast Prenup™?

If you’re a solo podcaster who never collaborates with anyone, you probably don’t need a podcast prenup. But for everyone else—those with co-hosts, producers, writers, editors, or regular guests—having a prenup is a smart move. Under the law, when multiple people work together on a creative project, they’re often assumed to be co-owners unless you specify otherwise. A podcast prenup clears up any assumptions and sets the terms of ownership and control right from the start.

Key Elements to Include in a Podcast Prenup™

Here’s what you should consider when creating your podcast prenup:

Parties Involved: Start by clearly identifying all parties involved in the agreement. Everyone needs to know who’s part of the team.
Contributions: Define what each party is bringing to the table. This might include the initial podcast idea, titles, branding, materials, equipment, know-how, or even just time and effort. Make it clear who is contributing what to avoid misunderstandings later.
Reimbursements: If one party is fronting expenses, such as buying equipment or covering marketing costs, detail how and when they will be reimbursed.
Responsibilities: Clearly define everyone’s roles and responsibilities. Who is in charge of creative decisions? Who manages the business side? What are the expectations for each party’s deliverables? Set these boundaries early to prevent confusion and conflict.
Rights: Clarify who owns what. Who gets the show title, trademarks, episode content, hosting account, RSS feed, mailing lists, and more? Determine who has creative and business control—or if control is shared.
Compensation: Outline how everyone gets paid. Are there wages, salaries, or profit shares? If profits are involved, specify the percentages, how they’re calculated, and which expenses count against them.
What Happens If…?: Plan for scenarios like a party leaving, getting sick, or not meeting their obligations. Will there be a buyout, and how will it be handled? For example, if someone wants to leave, will they set a price for their share, and will the remaining party have the option to buy them out? Get all of this in writing.
Dispute Resolution: Specify how and where disputes will be resolved. Will it be through mediation, arbitration, or court? In which jurisdiction?
Independent Contractor Agreements: If someone works for your show but isn’t an owner or collaborator (like an editor or social media manager), ensure their role is documented separately. This helps you retain ownership of their work product.

Why Is a Podcast Prenup™ So Important?

A podcast prenup is crucial because it helps you avoid messy disputes over ownership, control, and compensation. Without a prenup, you could find yourself in a costly legal battle over who owns the show, who controls the content, or how profits should be divided. As the podcasting industry grows, these issues are becoming more common.

If you ever want to sell your podcast, join a network, or go exclusive with a platform, you’ll need a clear “chain of title” to prove ownership. Without proper documentation, you could miss out on these opportunities or face expensive legal challenges.

When Should You Create a PodcastPrenup™?

Ideally, you should create a podcast prenup before you even start recording. But if your show is already up and running, it’s not too late! You can still put a “postnup” in place to formalize the arrangement and set expectations for the future.

How to Get Started with Your Podcast Prenup™

Outline Your Intentions: Start by outlining what you want from the arrangement. Discuss these details with your co-hosts or collaborators to reach a mutual agreement.
Consult a Lawyer or Use a Template: Consider hiring a lawyer to draft the agreement or using a trusted template. There are forms available at places like podcastlawforms.com or inside our Easy Legal for Podcasters program.

Final Thoughts

Creating a podcast prenup™ might seem like extra work, but it can save you time, money, and stress in the long run. Protect your creative work, your relationships, and your show by putting everything in writing from the start.

Have questions? Feel free to reach out and let's make sure your podcast journey is smooth and successful!

Access our FREE Podcast Prenup™ planning Guide http://podcastprenup.com