I wonder what rights Rogan might have to publish these episodes elsewhere, or to litigate their removal. Presumably he didn't sign a contract saying "you can have all my episodes and can remove as many of them as you want from the internet, with zero consequences".
There's almost definitely some exclusivity clause in the contract they signed, even if we don't know the details. I doubt he can republish them unless they fully break off the partnership
I’m sure there is an exclusivity clause regarding episodes they are distributing. But I would imagine he might have secured the right to have ownership revert to him for any episodes they pull. It’s not like they wouldn’t have considered the possibility that they might want to pull some of his episodes at some point.
Having the rights revert would have the dual benefit of enabling him to distribute such episodes, and disincentivizing spotify from pulling episodes too aggressively.
Exactly. If pulling the episodes is a breach of Rogan's contract with Spotify, then Spotify could be liable. Of course, none of us know what's in that contract.