In this spooky Halloween 2024 edition, The Podcast Lawyer™ Gordon Firemark explores some legal stories that have haunted the podcast industry.

Episode Overview:

In this haunting Halloween episode of Legit Podcast Pro, we delve into the legal dark side of podcasting with true stories of defamation, copyright violations, and reputational ruin. Each story serves as a cautionary tale for podcasters, highlighting the legal dangers lurking just beneath the surface. Join us as we explore these eerie legal cases and the lessons they teach about staying on the right side of the law.

Story Summaries & Lessons Learned

1. The Phantom Plagiarism – Crime Junkie’s Vanishing Episodes

• Summary: Crime Junkie, a popular true-crime podcast, faced plagiarism allegations that led to several episodes being removed. The hosts were accused of borrowing content from other sources without proper credit.
• Lesson: Properly credit your sources and avoid content theft. Copyright infringement can haunt your reputation and lead to costly takedowns.

1. The Tale of the Stalker – Audiochuck and the Blake Leibel Case

• Summary: Lawyer Adam Tenser sued podcast network Audiochuck, claiming they portrayed him as a “stalker” in their coverage of a true-crime story. The lawsuit highlighted the dangers of careless storytelling.
• Lesson: Misrepresentation can lead to defamation claims. True-crime podcasters must be cautious about portraying real individuals, as mistakes can have lasting consequences.

1. The Music of the Damned – Americana Music Show vs. RIAA

• Summary: The Americana Music Show podcast was taken down after the RIAA discovered unlicensed music used in episodes. With no permissions secured, the show was forced to go silent.
• Lesson: Obtain music licenses to avoid takedowns and infringement claims. Even small shows aren’t exempt from copyright law.

1. The Ghost of Satoshi Nakamoto – Craig Wright vs. Peter McCormack

• Summary: Craig Wright, claiming to be Bitcoin’s founder, sued podcaster Peter McCormack for calling him a fraud. The defamation suit underscored the risks of discussing public figures and controversial subjects.
• Lesson: Verify your claims when addressing public figures. Defamation laws can affect podcasters who engage in potentially damaging speech.

1. The Vanishing Witness – Spotify’s "Son of a Hitman" Misrepresentation

• Summary: A witness in a high-profile murder case sued Spotify after the podcast Son of a Hitman misrepresented her statements, implying her involvement in framing the accused.
• Lesson: Sensationalism can lead to legal trouble. Respect the truth and consider the consequences when presenting sensitive material.

1. The Plagiarist’s Curse – Mordpodden’s Legal Reckoning

• Summary: The Swedish podcast Mordpodden faced fines for using content from a true-crime book without permission. The plagiarism claims damaged the podcast’s reputation.
• Lesson: Always seek permission or license content before use. Copyright violations can lead to heavy fines and impact credibility.

1. REMOVED - Too spooky to talk about!
2. The Phantom Soundtrack – iBus Media's Musical Misstep

• Summary: iBus Media’s use of unlicensed music led to a copyright infringement lawsuit. The show faced legal action for failing to secure proper music rights.
• Lesson: Misuse of music is one of the most common legal pitfalls for podcasters. Ensure all audio is licensed or royalty-free to avoid similar nightmares.

1. The Hidden Threat – Podcast Harassment Gone Too Far

• Summary: A podcaster was sued after making what was intended to be a playful threat. The incident served as a reminder of the seriousness of harassment and threat allegations.
• Lesson: Avoid making threats, even in jest. Harassment laws can apply to spoken words, especially if the recipient feels genuinely threatened.

Key Takeaways for Podcasters:

• Credit and Clearances: Ensure you have permissions or licenses for all third-party content, including music, images, and text.
• Verify Claims: When discussing real people, particularly in controversial contexts, fact-check and present information responsibly.
• Respect Privacy: Respect the privacy rights of guests, interviewees, and individuals discussed in episodes to avoid privacy and defamation claims.
• No Threats or Harassment: Even playful threats can be misinterpreted and lead to legal action. Always keep language respectful and professional.
• Plan for Legal Protections: Consider getting liability insurance specifically for podcasters to cover risks related to defamation, copyright, and other claims.

Podcast Resources & Further Reading

• Blog Posts on Podcast Law
• The Legal Side of Podcasting: How to Avoid Legal Pitfalls
• Understanding Defamation: Lessons for True Crime Podcasters
• Podcast Liability Insurance
• Consider liability insurance tailored for podcasters. Protect yourself from defamation, copyright, and privacy claims.

Host’s Final Thoughts:

As podcasters, let’s stay informed about these cautionary tales and keep our content clean, clear, and legally sound. Remember, when you play by the rules, you can podcast without fear of facing your own legal nightmare. Until next time, stay legal, stay spooky, and keep creating!

Episode Links:

1. Visit Legit Podcast Pro for more episodes.

Don’t get spooked… Get legit and stay safe. Watch our Video: Level Up Your Podcast Success – Essential Frameworks for Professional Creators. https://youtu.be/h0C6ez-4-Z4