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Negotiating Podcast Talent Agreements

This practical session is intended to provide attorneys advising podcast producers/production companies or talent on how to structure smarter, more nuanced talent agreements. We’ll walk through a real-world podcast host offer term sheet and discuss key deal points and different considerations depending on who you are representing. By the end, you’ll have a practical overview of a podcast deal that balances creative control, compensation, and long-term growth.

Topics covered include:

Arts & Entertainment Business Law Contracts

Agenda:

Introductory Overview
- Brief introduction of Alexia Bedat and her practice
- Overview of podcast talent agreements and anticipated takeaways

The Basics of Podcast Talent Agreements
- Who is who and what are their priorities?
  - Production companies
  - Content creator
  - Different forms of compensation
- The lifecycle of a podcast: from development to distribution
- Sample term sheet walkthrough

What To Keep in Mind
- Definition of a "podcast"
- Different layers of IP/ownership
- Ancillaries/derivatives
- Editorial/business control
- Exclusive vs non-exclusive rights
- Promotional rights & obligations
- Responsibilities (including clearance)

How Podcast Deals Are Changing / 360 Deals
- Current landscape/buyers & future of podcast talent agreements

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: September 17, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Alexia Bedat, the speaker, is introduced as an expert in the audio industry. Alexia emphasizes the importance of understanding both sides in podcast negotiations due to the industry's small size. She highlights the need for creativity and cooperation in negotiations, regardless of leverage. The webinar will cover the basics of podcast talent agreements.

07:20 Negotiating Podcast Talent Agreements

Alexia discusses the importance of understanding who is paying in podcast deals, since it affects leverage and rights. She explains the different financing structures, such as self-financing by talent or pre-sold shows to networks. The discussion includes the impact of profit sharing and the limitations it imposes on production companies. Alexia emphasizes the need to understand the economics of podcast deals and how they are negotiated. She highlights the importance of staying informed about industry changes and news to effectively negotiate deals.

10:01 Client Representation and Deal Structures

Alexia explains the complexities of co-production and branded commissioned work in podcast deals. She discusses the importance of understanding the client's role, whether representing talent or production companies. The scope of representation is broad, covering various types of content creators and their unique needs. Credit and backend participation are crucial elements in talent representation, affecting revenue sharing and recognition. Negotiating exclusivity, approvals, and reversion rights are key considerations in talent agreements.

24:23 Production and Distribution Considerations

Alexia highlights the importance of clear promotional requirements and community engagement in podcast deals. Ownership rights are critical, with production companies often seeking work-for-hire arrangements. The rise of video content introduces new complexities in monetization rights. Live events are significant revenue streams, requiring careful negotiation of rights and revenue sharing. The process timeline for podcast deals includes pre-production, production, and distribution stages, each with specific considerations.

33:58 Legal and Financial Aspects

Legal aspects of podcast deals include IP rights, guest releases, and trademark clearance. Indemnification and responsibility for legal review are crucial in talent agreements. Distribution deals may lead to opportunities for film or TV adaptations, requiring careful negotiation of rights. Sample podcast offer terms illustrate typical deal components, such as episode count, revenue sharing, and ownership. Considering promotional rights, ad revenue, and derivative rights is essential for protecting both talent and producers.

53:16 Industry Trends and Q&A

Alexia discusses the challenges of cross-border deals, including choice of law and arbitration clauses. She advises on handling viral success and renegotiating deals. Alexia shares resources for staying informed about the podcast industry, including newsletters and podcasts. She predicts video will play a significant role in the future of podcasting, affecting discoverability.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Alexia Bedat Partner
Klaris Law PLLC

Passionate about the audio industry, Alexia leads the Podcasts & Audio team at Klaris. She works closely with founders, heads of audio and producers across their slates, both in a business and legal affairs capacity. Her practice includes negotiating and drafting host deals, slate/first-look agreements, distribution and sales arrangements, development/production agreements and IP licenses and releases. She seeks to help content creators develop their IP responsibly and adapt to evolving technologies and emerging distribution models, always in the context of the unique collegial nature of the audio industry. As a bi-national herself, Alexia also works with non-US production companies on their US-facing deals. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: September 16, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: August 31, 2026

This presentation is approved for one hour of General CLE credit in California, and North Carolina. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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