This video explains the distinction between an independent contractor and an employee. This distinction is important because it affects who owns rights to the podcast, as well as whether a podcast is a work made for hire. An assignment agreement is included to guarantee ownership.
- [Voiceover] Choosing your business form.…If you're treating your podcast as a business venture…and you plan to profit from it,…you should know what type of business you're operating.…That is, whether you're a sole proprietor, partnership,…LLC, or corporation.…Knowing your business form is another way…of seeing who owns your podcast.…Most likely, if you're operating by yourself,…your business is a sole proprietorship,…and you own everything.…If you're working with others,…the arrangement could be a partnership,…and ownership may be shared.…
The distinction is important.…Consider a dispute involving Adam Carolla,…who started his podcast in 2009…with a producer friend Donny Misraje.…In 2012, Carolla fired Misraje.…Misraje sued Carolla for several million dollars,…claiming that the podcast was a partnership,…and that as a partner, he was entitled to a share.…Carolla claimed that he owned the podcast business…as a sole proprietor.…If the business was a sole proprietorship,…Carolla could fire Misraje, no strings attached.…
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Choosing the right name for your podcast
- Using music and interviews in a podcast
- Understanding government regulations
- Responding to complaints
- Generating podcast income
- Registering podcast trademarks and copyrights