“Fair use” is one of the most misunderstood concepts in media law — and it’s getting even murkier as creators test the limits on YouTube, podcasts, and social platforms. In this episode, Gordon Firemark explains what fair use really means, breaks down the four factors courts use to decide, and unpacks how creators can stay on the right side of the law.

He also discusses the ironic twist in the ongoing Ethan Klein lawsuits, where one of the biggest defenders of fair use is now arguing that many “lazy reaction” creators are crossing the line into infringement — a battle that could reshape how courts view fair use in the creator economy.

What You’ll Learn:

• What “fair use” actually protects — and what it doesn’t

• The real meaning of “transformation” under copyright law

• How much is too much — understanding “amount and substantiality”

• Why algorithms and platforms don’t care about fair use

• How to respond to DMCA takedown notices safely

• How professional creators handle permission and licensing

Mentioned in This Episode:

• H3H3 Productions v. Hosseinzadeh — landmark fair use case

• Equals Three v. Jukin Media — commentary vs. clip reuse

• New lawsuits by Ethan Klein challenging “lazy reaction” videos

Connect and Continue the Conversation:

Join the free Legit Podcast Pro Membership Group — a community for serious creators who want to grow their shows and businesses safely and confidently.

It’s where you’ll find me (Gordon Firemark, The Podcast Lawyer™) answering questions, sharing insights, and helping creators just like you stay legit.

Join now at http://LegitPodcastPro.com.

Host: Gordon Firemark, The Podcast Lawyer™

In this episode, Gordon breaks down why every serious podcaster and YouTuber should protect their brand name with a trademark. He explains how U.S. trademark law really works, clears up common misconceptions, and shares real-world stories of creators who lost their brands by waiting too long.

You’ll Learn:

• What trademarks protect (and what they don’t)

• How “first use” vs. “first to file” plays out in the real world

• Why creators are especially vulnerable to brand theft

• Common trademark myths debunked

• How to check if your name qualifies — and what to do next

Resources Mentioned:

•https://easylegalforpodcasters.com - Our DIY Legal Course for creators

• https://podcasttrademark.com – Secure your podcast or channel name

• https://gordonfiremark.com/levelup – Watch the FREE video sample lesson from Easy Legal for Podcasters

In this episode of Legit Podcast Pro, Gordon Firemark, The Podcast Lawyer™, explains how to protect your creative business by choosing the right legal structure. Whether you’re a podcaster, YouTuber, filmmaker, or digital entrepreneur, understanding the difference between LLCs and corporations can mean the difference between success and disaster.

Key Topics Covered:

• The risks of doing nothing — why sole proprietorships and partnerships are dangerous

• The protection and flexibility that come with an LLC

• When and why a corporation might make more sense

• How single-purpose LLCs keep film and theatre projects clean, safe, and professional

• Real-world client stories that highlight what’s at stake

Key Takeaway:

Forming a business entity isn’t about paperwork — it’s about protection, legitimacy, and peace of mind.

Resources Mentioned:

• Schedule a consultation: http://firemark.com/scheduling

• Legal templates and forms: http://podcastlawforms.com

• Easy Legal for Podcasters program: http://easylegalforpodcasters.com

• Free Podcast Guest Release: http://podcastrelease.com

Connect with Gordon Firemark:

Website: http://firemark.com

YouTube: http://youtube.com/gfiremark

Instagram: http://instagram.com/gordonfiremark

LinkedIn: http://linkedin.com/in/gfiremark

Co-host splits happen. Here’s how to end a podcast partnership without losing your name, your feed, or your audience. Gordon Firemark walks through an ownership audit, a clean exit decision tree, the step-by-step process for transferring accounts and IP, how to settle money fairly, and the documents you’ll need. Plus, how a Podcast Prenup™ prevents drama in the first place.

You’ll Learn:

• Why podcast partnerships break down
• Who owns the show name, feed, and episodes
• Paths to exit: assignment + buyout, retire, spin-off, or license
• The communications plan for listeners and sponsors
• Separation agreement + IP assignment checklist
• How to avoid problems with a Podcast Prenup™

Links:

• Podcast Prenup™ Planning Guide + Co-Host Agreement: http://podcastprenup.com
• Easy Legal for Podcasters: https://easylegalforpodcasters.com
• Free sample lesson: http://gordonfiremark.com/levelup
• Legal templates for podcasters: https://podcastlawforms.com

Disclaimer: Educational only, not legal advice.

Hiring team members—like writers, editors, and assistants—can help your podcast grow. But without the right contracts, they may actually own the work they create for your show.

In this episode of Legit Podcast Pro, Gordon Firemark, The Podcast Lawyer™, explains the legal risks of working with freelancers and how to make sure you stay in control.

You’ll learn:

• Why freelancers and contractors, by default, own their work
• The common mistakes podcasters make when hiring
• The essential contract clauses every agreement should include
• How to onboard and manage team members professionally
• What to do if disputes arise

Protect your podcast before you hand over your next assignment.

Links & Resources:

• Get ready-to-use podcaster contracts: https://podcastlawforms.com
• Free sample lesson from Easy Legal for Podcasters: https://gordonfiremark.com/levelup

• • More legal forms & templates: https://podcastlawforms.com

Selling merch can be an exciting way to grow your podcast brand—but it can also land you in legal hot water. In this episode of Legit Podcast Pro, Gordon Firemark, The Podcast Lawyer™, explains why your podcast logo on a hoodie isn’t as simple as it looks.

You’ll learn:

• Why podcast merch creates trademark risks in new product categories
• Common mistakes podcasters make with branding and logos
• How to run a quick trademark check before launching merch
• What steps to take if you get a cease-and-desist
• How to protect your brand so you can expand confidently

Protect your podcast brand before it’s too late.

Links & Resources:

• Protect your podcast trademark: http://podcasttrademark.com
• Free sample lesson from Easy Legal for Podcasters: https://gordonfiremark.com/levelup
• Podcast legal forms & templates: https://podcastlawforms.com

Most podcasters think about launching their show — but not about what happens down the line. The truth is, your podcast can become a sellable asset if you treat it like a business from day one.

In this episode, Gordon Firemark, The Podcast Lawyer™, explains how to build, protect, and position your podcast so it’s valuable to buyers, partners, or networks.

What You’ll Learn in This Episode:

• The key factors that make a podcast valuable
• How IP ownership and contracts determine if your show is sellable
• The difference between weak and strong monetization strategies
• Exit options: full sale, licensing, syndication, partnerships
• How to prepare your podcast for future transfer or sale

Resources & Links Mentioned:

🎯 Free On-Demand Training: https://podcastertraining.com

🧰 Legal Templates for Podcasters: http://podcastlawforms.com

📘 My Book: http://podcastlawbook.com

Class is in session! In this episode, Gordon Firemark, The Podcast Lawyer™, breaks down the 4 Rs of Creator Law—Rights, Relationships, Risks, and Revenue. These fundamentals will help you build a creator business that’s profitable, protected, and built to last.

What You’ll Learn:

• How copyright, trademarks, and guest releases protect your Rights
• Why contracts are essential for healthy Relationships with co-hosts, editors, and sponsors
• The biggest Risks creators face (defamation, infringement, FTC rules, platform TOS) and how to reduce them
• Smarter Revenue streams that align with your business goals

Resources Mentioned:

Watch the free Level Up Your Podcast Success video: http://gordonfiremark.com/levelup

Download my Podcast Guest Release: http://podcastrelease.com

📘 Legal Forms & Templates: http://podcastlawforms.com

Most podcasters give up—not because they don’t love podcasting, but because they burn out. In this episode, Gordon Firemark, The Podcast Lawyer™, shares how to use podcasting as a strategic business tool so it fuels your brand instead of draining you.

What You’ll Learn in This Episode:

• Why podcasters burn out and how to avoid it
• How to treat your podcast as a business asset, not just content
• The systems and workflows that make podcasting sustainable
• Monetization strategies that don’t rely on ads
• The burnout-proof framework to keep your podcast (and your business) thriving

Mentioned in This Episode:

🎯 Watch the free Level Up Your Podcast Success video: http://gordonfiremark.com/levelup

🧰 Get my legal templates for podcasters: http://podcastlawforms.com

📘 My book: The Podcast, Blog & New Media Producers’ Legal Survival Guide: http://podcastlawbook.com

In this episode of Legit Podcast Pro, Gordon Firemark, The Podcast Lawyer™, reveals the truth about what it really takes to succeed in the creator economy. Spoiler alert: it’s not about going viral or chasing algorithmic approval. It’s about building a business that uses content strategically—and protects your assets, audience, and revenue streams from the ground up.

In this episode, you’ll learn:

• The biggest myths about “monetization” that keep creators broke
• Why your podcast or video is just the start of your business funnel
• How to build revenue streams you actually control
• What makes creator businesses succeed where others burn out
• The legal and strategic tools you need to stay protected while growing

Mentioned in this episode:

• The FREE “Level Up Your Podcast Success” video: http://gordonfiremark.com/levelup
• Podcast legal templates & contracts: http://podcastlawforms.com

Connect with Gordon:

• LinkedIn: https://linkedin.com/in/gfiremark
• Instagram: https://instagram.com/gordonfiremark
• Facebook: https://facebook.com/podcastlaw