What Should Go in a Podcast Collaboration Agreement? (Podcast Prenup™)

When you’re building a podcast (or any business venture) with someone else — whether it’s a friend, colleague, or business partner — you’re entering into a creative and commercial relationship. That means it’s not just wise to have a written agreement — it’s essential.
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Here’s what that agreement should cover:
1. Ownership of Intellectual Property
- Who owns the podcast name and brand?
Decide whether the name, logo, and overall branding are jointly owned, or belong to one party (with a license to the other). - Who owns the episode content?
Will all episodes be joint works, or does one person own the content and license it to the other? - What about music, artwork, and show notes?
Be clear about licensing or creating original content. And if you're hiring freelancers? Get “work made for hire” agreements.
2. Roles and Responsibilities
- Who's handling what?
Spell out who’s in charge of hosting, editing, uploading, marketing, managing social media, handling guest outreach, sponsorships, etc. - What happens if one person isn’t pulling their weight?
Build in expectations, performance benchmarks, and a way to resolve imbalances before resentment festers.
3. Revenue and Expenses
- How is money handled?
Decide whether you're splitting gross revenue, net revenue, or profits (after expenses). Those are very different things. - Who pays for what?
Hosting fees, editing tools, website costs, advertising — agree on how those expenses are covered and tracked. - How often do payouts happen?
Monthly? Quarterly? Only after hitting a certain threshold? Don’t leave this vague.
4. Credit and Branding
- How are you presenting yourselves?
Equal billing? "Hosted by A, featuring B"? Nail this down early — it becomes emotional territory fast. - Can one person appear without the other?
For example, if one host appears at events or on other podcasts, how is that handled from a branding standpoint?
5. Exit and Termination Clauses
- What if one person wants out?
Include a clean exit strategy: notice period, final accounting, IP rights (can the other continue using the name or brand?), and how to handle back episodes. - What happens to the content if the show ends?
Does one party get to keep and repurpose the content? Is it archived? Deleted? - Can the show continue with a new host or guest contributor?
Clarify whether the brand is tied to the people, or whether it can evolve.
6. Dispute Resolution and Legal Terms
- Where will disputes be handled?
Choose a jurisdiction and venue (state and county) so you're not dragged into court across the country. - Will you use mediation or arbitration first?
Alternative dispute resolution clauses can save time, money, and drama. - Are you forming a business entity?
If so, this agreement may be rolled into your operating agreement. But either way, it should reflect your intent.
7. Other Clauses to Consider
- Confidentiality — especially if you’re sharing proprietary methods, behind-the-scenes data, or business plans.
- Right of first refusal — if one partner wants to buy out the other.
- Assignment — can either party sell or transfer their rights to someone else?
Bottom Line
You don’t need a 50-page contract written in Latin. But you do need clarity.
A written agreement doesn’t just protect you legally — it creates transparency, trust, and a roadmap for handling the inevitable changes that come with growing a show.
Because podcasting — like any business — is easier to navigate when you’ve got the map in hand before you hit the twists and turns.
Want help getting that agreement in place? That’s exactly what I teach inside Easy Legal for Podcasters.
AND, if you just want contract template forms, have a look over at PodcastLawForms.com
Or if you're already deep into a partnership and need custom guidance, let's talk.