Legal Considerations for Starting a Podcast in Australia
Protect Your Podcast with the Right Legal Foundations.
In This Article:
Choosing the best business structure for your podcast in Australia
Intellectual property protection: trademarks and copyright
Key contracts and legal agreements every podcaster needs
Why Legal Advice Matters When Starting a Podcast
Podcasting in Australia is booming. Whether you're launching a true crime series, business commentary, wellness content or comedy show, ensuring your podcast is built on solid legal foundations is crucial. In addition to content planning, equipment and marketing, legal compliance is key to protecting your intellectual property, revenue streams, and long-term growth.
At Hedwig Legal, we regularly advise content creators, influencers and podcasters on structuring their business, protecting their rights, and ensuring all collaborators are on the same page from the start.
1. Choose the Right Business Structure for Your Podcast
Before recording your first episode, consider the legal structure under which your podcast will operate. This impacts tax, liability, and your ability to bring on partners, sponsors or investors.
Sole Trader
Perfect for solo podcasters just starting out. Easy and affordable to set up, but you are personally liable for any debts or legal claims.
Requires an ABN
Profits are taxed as personal income
Less administrative burden, but fewer asset protections
Partnership
Ideal if you’re collaborating with a co-host or producer. Be aware that all partners share legal and financial responsibility.
Requires a partnership agreement
Must register for a separate ABN
Each partner pays tax on their share of profits
Company
Best for podcasters planning to scale, work with sponsors, or bring on staff. A company provides limited liability but requires more ongoing compliance.
Separate legal entity
Assets and liabilities are separate from the founders
More credibility when signing contracts and engaging with advertisers
💡 Tip: If your podcast is tied to your personal brand or a larger content creation business, structuring it under a company may help reduce personal exposure to legal risk and increase opportunities for monetisation.
2. Protect Your Intellectual Property (IP)
Your podcast’s name, logo, theme music, and episodes are valuable intellectual property assets.
Trademarks
Register your podcast name and logo with IP Australia to prevent others from copying or using a confusingly similar brand. This is especially important if your podcast gains a national or international audience.
Copyright
Under Australian law, copyright automatically applies to original content, including audio recordings and scripts. However:
Only use music, sound effects, or clips if you have the right licence
Get written permission if quoting or including third-party materials
Maintain a clear chain of ownership for all content created by guests or contractors
💡 Tip: Having your podcast IP protected early helps avoid disputes down the line, especially if your content is later monetised through ads, merchandise, or syndication deals.
3. Essential Legal Agreements for Podcasters
As your podcast grows, you’ll likely work with a variety of people: co-hosts, editors, producers, sponsors, and guests. Clearly defined agreements can prevent disputes and clarify expectations.
Co-Host Agreements
Define ownership of the podcast, profit-sharing, decision-making rights and what happens if someone wants to leave.
Guest Release Forms
Guests should sign a release form confirming you have the right to record, publish and promote their contribution. This protects against future claims.
Sponsorship Agreements
Working with brands? Document terms of payment, deliverables, content guidelines and cancellation rights.
Contractor Agreements
For editors, graphic designers, and marketers, use written contracts outlining responsibilities, timelines, payment, and IP ownership.
💡 Tip: Even if you’re working with friends, don’t rely on handshake deals. Formal agreements show professionalism and protect your interests.
Final Thoughts: Podcasting with Confidence
Starting a podcast in Australia is a creative and rewarding business venture—but it comes with legal responsibilities. By choosing the right business structure, protecting your intellectual property, and putting clear agreements in place, you’re setting your podcast up for long-term success.
At Hedwig Legal, we offer fixed-fee legal services for creators and content entrepreneurs. Whether you’re just starting out or scaling up, we can help you navigate the legal landscape and ensure you’re protected every step of the way.
Frequently Asked Questions
Do I need to register my podcast name?
Yes, if you want to prevent others from using a similar name, registering a trademark with IP Australia offers the best protection.
Can I use music in my podcast?
Only if you have the proper licence or permission. Using copyrighted music without clearance can lead to legal claims and removal from platforms.
What if my co-host leaves the podcast?
This is why a co-host agreement is important. It should include a clause covering exit terms, ownership of past episodes, and future rights.
Need Help Launching Your Podcast the Right Way?
Get in touch with Hedwig Legal for practical, fixed-fee legal advice tailored for content creators, podcasters, and influencers across Melbourne and Australia.