L.A. TECH & MEDIA LAW FIRM – Intellectual Property & Technology Attorneys

Legal and Business Affairs in New Media: What You Need to Know

New Media Production, Los Angeles Media Lawyer, California technology Attorney, Malibu Entertainment Law, Best Startup Lawyer

The rise of podcasts, web shows, and digital media content has created exciting opportunities for creators, but with these opportunities come important legal and business considerations. Whether you’re launching a video series on YouTube, a streaming show, or a podcast, you need to protect your content, establish clear agreements, and understand the legal framework that governs digital media production.

In this guide, we’ll cover the key legal and business affairs related to new media production, including:

  • Intellectual property protection (copyrights, trademarks, and fair use)
  • Business structures and contracts for content creators
  • Sponsorships, advertising, and revenue models
  • Licensing, distribution, and legal compliance

Let’s dive in!


1. Choosing the Right Business Structure

Before launching your podcast or web show, consider how you’ll structure your business. Establishing the right legal entity helps protect your personal assets, secure funding, and manage liability.

Common Business Entities for Content Creators:

Sole Proprietorship: Easiest setup but offers no liability protection. You and your business are legally the same.
Limited Liability Company (LLC): Protects your personal assets and is a popular choice for independent creators.
Corporation (S-Corp or C-Corp): Best for content businesses that expect to raise funding, bring on investors, or expand significantly.

Example: A podcast team decides to form an LLC to protect themselves from potential legal claims and simplify financial management.


2. Intellectual Property: Copyright, Trademarks, and Fair Use

Copyright Protection for Your Content

Everything you create—from podcast episodes to YouTube videos, logos, and scripts—is automatically copyrighted upon creation. However, registering your copyright with the U.S. Copyright Office adds additional legal protection, allowing you to enforce your rights more effectively.

Best Practices for Copyright Protection:
✔ Register your podcast episodes, scripts, and video content.
✔ Use contracts to define ownership when working with co-creators or contractors.
✔ Avoid using copyrighted music, clips, or images without permission.

Trademarking Your Podcast or Web Show Name

A unique show name is part of your brand identity, but if you don’t trademark it, someone else can claim it.

Example: A web series gains popularity, but because the creators didn’t trademark the title, another company trademarks the name and forces them to rebrand.

✔ Conduct a trademark search before finalizing your brand name.
✔ Register your trademark with the USPTO (U.S. Patent and Trademark Office).

Understanding Fair Use & Licensing Content

Using clips, music, or images from other creators? Make sure you understand fair use laws and secure the proper licenses to avoid copyright infringement.

Fair Use Considerations:

  • Transformative use (commentary, criticism, parody) may be protected.
  • Using copyrighted material for commercial purposes without permission is risky.

Best Practices:

  • Purchase or license royalty-free music and images.
  • Get written permission when using third-party content.

3. Contracts and Agreements for New Media Production

A solid contract is your best protection when working with collaborators, sponsors, or distributors.

Key Contracts for Content Creators:

Co-Creator & Partnership Agreements: Defines ownership rights, revenue sharing, and creative control.
Independent Contractor Agreements: If you hire editors, writers, or designers, ensure contracts clarify who owns the work they create.
Guest Release Forms: If you interview guests, they should sign a release form giving you permission to distribute the content.
Sponsorship & Advertising Agreements: Details payment terms, deliverables, and usage rights for ad deals.

Example: A podcast brings on a guest who later demands the episode be removed. With a guest release form, the podcast retains the right to keep the episode published.


New Media Production, Los Angeles Media Lawyer, California technology Attorney, Malibu Entertainment Law, Best Startup Lawyer 4. Monetization & Revenue Models for Digital Media

You’ve built your audience—now, how do you legally and strategically monetize your content?

Common Revenue Streams for Podcasts & Web Shows:

Sponsorships & Brand Deals: Companies pay to feature their ads in your content.
Subscription Models: Patreon, YouTube Memberships, or paid podcast tiers offer exclusive content to fans.
Merchandising & Licensing: Selling branded merchandise or licensing content for distribution.
Advertising Revenue: YouTube AdSense, podcast ads, and social media monetization programs.

Example: A podcast secures a sponsorship deal but fails to sign a contract, leading to a dispute over payment and ad placement. Always formalize agreements in writing.

Legal Tip: Ensure you comply with FTC disclosure rules, meaning sponsored content must be clearly disclosed to your audience.


5. Distribution Rights and Licensing for New Media

Who Owns the Rights to Your Content?

If you partner with a streaming service, distributor, or platform, carefully review licensing agreements to ensure you retain ownership of your content.

Key Licensing Terms to Understand:

  • Exclusive vs. Non-Exclusive Rights – Are you restricted from distributing your content elsewhere?
  • Revenue Splits – How much does the platform take from your earnings?
  • Duration & Termination – How long does the contract last, and can you get out of it?

Example: A web series signs a distribution deal with a streaming service but doesn’t negotiate ownership terms. When the contract ends, the service keeps control of the content.

Legal Tip: Always retain the rights to your content whenever possible.


6. Compliance with Legal & Regulatory Requirements

New media creators must follow legal regulations, including:

Privacy Laws: Protect guest and listener data when collecting emails or selling products.
FTC Endorsement Guidelines: Always disclose paid partnerships and sponsored content.
Platform-Specific Terms: Follow YouTube, Spotify, or Apple Podcasts’ rules to avoid demonetization.

Example: A YouTuber doesn’t disclose a paid sponsorship, violating FTC guidelines and facing penalties.

Legal Tip: Always include clear disclaimers in sponsored content.


Los Angeles New Media Attorney 

Launching a podcast, web show, or digital media project is an exciting venture, but understanding the legal and business affairs behind it is crucial. Protecting your intellectual property, securing contracts, and planning monetization strategies will help you build a sustainable and legally sound media business.

Need legal guidance for your new media production?

Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form.

Picture of David N. Sharifi, Esq.
David N. Sharifi, Esq.

David N. Sharifi, Esq. is a Los Angeles based intellectual property attorney and technology startup consultant with focuses in entertainment law, emerging technologies, trademark protection, and “the internet of things”. David was recognized as one of the Top 30 Most Influential Attorneys in Digital Media and E-Commerce Law by the Los Angeles Business Journal.
Office: Ph: 310-751-0181; david@latml.com.

Disclaimer: The content above is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content above does not create an attorney-client relationship. All trademarks are the property of L.A. Tech & Media Law Firm or their respective owners. Copyright 2024. All rights reserved.

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