Legal Risks of Using AI With Your Podcast – IVA 557

Mar 23, 2026

Gordon Firemark, The Podcast Lawyer™, is an entertainment attorney who helps creators protect their podcasts and media. He discusses AI-related copyright hazards, publicity and deepfake risks, defamation from AI outputs, and why written permission and guest releases are essential. He also covers legal foundations like entity formation, team contracts, and trademark versus copyright protection.

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ADVICE

Get Written Guest Consent Before Uploading To AI

Always get explicit written permission from interview guests before uploading recordings to AI platforms.
Gordon explains uploads feed platform machine learning and can violate a guest's copyright or rights if you lack consent.

ADVICE

Use A Business Entity To Shield Personal Assets

Form a separate business entity like an LLC or corporation to shield personal assets from podcast liability.
Gordon recommends considering incorporation once approaching low six‑figure income because state costs and protections vary.

ADVICE

Use A Podcast Prenup For Cohosts And Collaborators

Put all collaborators and co‑hosts on written agreements (a podcast prenup) that specify ownership and exit terms.
Gordon recounts a co‑host dispute where an informal 'it's your show' comment led to a costly fight and the show's collapse.

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Using artificial intelligence to create, edit, and repurpose your podcast comes with legal risks.

Authority is built by intentionally protecting your platform and ensuring your creative assets work for you, not against you.

In this episode, Erik K. Johnson is joined by Gordon Firemark, The Podcast Lawyer™, for a deep dive into the legal risks of using artificial intelligence with your podcast. Together, they reveal what every podcaster, coach, consultant, or expert must know to build authority and safeguard their business.

Important Links:

Podcast Guest Release: https://podcastrelease.com Podcast Audit & Coaching: https://podcasttalentcoach.com/coaching

Episode Segments:

00:00 "Why Using AI Might Be Putting Your Show At Risk" 01:36 "Copyright Danger When Repurposing Through AI" 02:33 "Publicity Rights and Deepfake Issues" 03:19 "Defamation Claims and AI-Generated Content" 04:19 "Interview Permission, and Why You Need It" 11:09 "4 Pillars for Legal Protection of Authority Builders" 15:46 "When To Incorporate" 16:30 "Protecting Your Team & Content With Contracts" 23:23 "Copyright vs. Trademark: What Do You Really Own?" 24:40 "Registering Your Podcast the Right Way" 29:52 "What's the Craziest Thing You Can Trademark?" 33:46 "Why Guest Releases Are Non-Negotiable"

Key Takeaways:

- Using AI Could Violate Copyright, Publicity Rights, and Open You Up to Defamation

Gordon Firemark reveals that AI tools like ChatGPT and Castmagic could put you at legal risk if you don't have explicit permissions from guests and collaborators. Content you create with AI may unknowingly use copyrighted or protected material, exposing you to lawsuits.

- Why Guest Agreements and Releases Are Essential

Uploading interviews to AI platforms may violate your guest's rights. The solution? A solid, lawyer-drafted guest release. This single step secures your legal footing and clarifies who controls what.

- The Four Pillars of Legal Protection

Gordon details the essential foundations:

Operating under a proper business entity
Having clear written agreements with your team
Understanding the difference between copyright (content) and trademark (brand)
Using contracts that protect your revenue and creative assets

- Smart Steps to Level Up Your Authority

Protecting your podcast is part of building long-term authority. From securing your name and logo with a trademark, to registering powerhouse episodes with the Copyright Office, these moves establish your credibility and future-proof your content empire.

Episode Highlights:

- When to set up an LLC or corporation to shield your personal assets - Legal pitfalls of "partnership podcasts" and how a simple "podcast prenup" can protect everyone

- Real examples of podcasters losing control of their content when things go wrong

- What "fair use" really means (and why it's not a protection from lawsuits)

- How even basic editing with AI requires explicit guest consent

Action steps to guard against legal risks:

Don't let legal surprises derail your growth. Get Gordon's free, lawyer-drafted podcast guest release, customized for the AI era, at podcastrelease.com, and secure every episode before you publish.

Ready to transform your podcast from invisible to irresistible and become the sought-after authority in your niche? Apply for a podcast audit and coaching chat with Erik at podcasttalentcoach.com/coaching

Next week:

Erik sits down with Danielle Weil to unpack the secrets to six and seven-figure launch copy and how to build flow-driven, burnout-free launches. Step into your authority and tune in for more.