7 Critical Terms Every Podcast Guest Contract Template Should Have For Guests
Want to know what you, as the guest, need in your podcast guest contract template? These are the crucial elements you need as a guest.
Being a guest on a podcast is extremely fun and exciting, and if you’re anything like me, you are researching everything you need to ensure you have everything you need to protect yourself and your brand. As a lawyer myself who drafts contracts for guests like you (and myself as a podcast guest), I am giving you the essential terms you need in your podcast guest contract template.
So, when you are purchasing a podcast guest contract template, also referred to as a guest release form template or podcast guest form, or if you are grabbing a free podcast agreement template, you know what to look for or include in these podcast legal documents.
After learning about all these podcast contracts, you will be a podcasting pro and fully equipped to protect yourself and your brand when being a guest on a podcast.
This post is all about the essentials of a podcast guest contract template every guest needs.
Ultimate Podcast Guest Contract Template
Podcast guest form
1. Who owns the copyrights?
Copyrights are property or ownership rights to your “creations.” A “creation” does not have to be a painting or song. Anything that contains the ideas or portrayal of things that are specifically yours are “creations” too if they are “captured” or “fixed” in something.
For example, this (hopefully not too boring) blog post is my “creation,” and I own the copyrights to the text in this blog post. I am not telling you anything new here. I talk about existing rights and concepts, but how I tell you about these existing things is my unique way of conveying them. So, I don’t have any copyrights or ownership rights to the things I talk about, but I do have ownership of this text.
The same goes for the contents of a recording. You have the copyrights to whatever you say, your contribution, in a recording. You automatically become the owner.
Let’s say you are having a conversation or interview with someone, which is recorded. You could say that your answers or reaction to the questions or statements of the podcast host would have no substance or value without the podcast host’s input. Both contributions become so intertwined that they may be regarded as one collaborative work. Thus, in the case of a conversation or interview, you and the podcaster would likely be co-owners of the contents of the recording.
However, if you were to have your own segment in the recording, that could have value in itself separate from the rest of the recording. In that case, the copyrights to that segment could belong solely to you.
As a podcast guest, you will likely be the co-owner of the copyrights to the contents of the recording.
Now, if you have paid close attention, I only spoke of the copyrights to the contents of the recording. That’s because there are two layers to a recording; (1) the contents of the recording; and (2) the recording itself.
The recording has separate copyrights, and those copyrights most likely belong solely to the podcaster, not you. The podcaster is the one making (or, with the help of staff members, facilitating) the recording, so the podcaster is the owner of the recording.
So, the question is: do you license your copyrights or assign them to the podcaster?
When you license your copyrights, you give the podcaster the right to use the content of the recording, but you remain the owner of the copyrights. You will still have control over what the podcaster does with the recording. The license is the more favourable option for you.
When you assign your copyrights, you transfer ownership of your copyrights to the content of the recording to the podcaster, so you are no longer the owner of the copyrights. In this case, you lose control over what the podcaster does with the recording. Thus, the podcaster could use the recording for any purpose and place (any part of) anywhere. The assignment is the less favourable option for you.
You may want to consider an assignment if you get paid a fair amount for it (not only for the purposes you and the podcaster (initially) made the recording for and what the podcaster could use the recording for (in the future)). However, chances are that it’s not worth it, and you deserve to be protected. In most cases, I would advise granting a license and not agreeing to an assignment.
In any case, you probably want to use parts of the recording as well to promote that podcast episode, yourself or your business. You will also need to be granted a license by the podcaster. The podcaster should grant you a license for both: (1) the content of the recording; AND (2) the recording itself.
2. Let’s talk money
Your podcast guest contract template must specify if and, if so, what amount each party gets paid.
Not only do certain guests get paid by certain podcasters, but it’s also quite common for guests to pay podcasters to be on their podcasts. If neither party is getting, you should still specify that neither party is getting paid. You want to avoid the podcaster suddenly asking you for payments if your business becomes a great success due to your guest appearance if you have never agreed to that (and the same goes for the podcaster).
3. Specify the platforms & purposes
When you grant a license to the podcaster, you have control over how the podcaster gets to use it. The podcast guest contract template should specify precisely:
for what purposes the podcaster may use (part of) the recording. Obviously, the podcast episode and the promotion of the podcast on social media, but you might not want the podcaster to use the recording for paid advertisements, so be very specific about what those purposes may be.
where the podcaster may use (part of) the recording, i.e. on what platforms and exactly which part of the platform? Only the free version or also the paid version?
Specifying the platforms might be the most important part. More often than not, podcasts are not only recorded on audio anymore but also on video. Podcasters do this, so the recording can be repurposed for other platforms, like YouTube, and promoted visually on social media platforms. That’s fine. Great even, because you get more reach that way.
However, and this is why it’s crucial to be very specific, the podcaster can also use the recording for paid platforms or areas of platforms. One popular platform that may come to mind is Patreon, but it could also be a paid membership area on the podcaster’s website or a paid membership on the podcaster’s YouTube channel.
If you are not getting paid (enough), you might not be too happy to find out that the podcaster is now using that same recording for a $5,000 course, while the podcaster has not compensated you for that.
Therefore, it’s important to be very specific about the platforms on which the recording may be published (besides the podcast itself). When the recording is also published on YouTube, for example, I specify that in my podcast guest contract template as follows:
“the YouTube channel used by the Host named “[channel name]” which can be accessed by viewers for free.”
You should specify that it’s free if the recording is made available on the YouTube channel for free, even if that YouTube channel does not currently have a paid membership option. Why? Because the host could later decide to add a paid membership and move the video to the paid membership area. Technically, the host would not breach the contract because it’s still on the same YouTube channel.
4. Information rights
As the guest, you want to include (reciprocal) information rights in your podcast guest contract template.
What do I mean by “information rights”? I mean the right to receive information from the podcaster on where (parts of) the recording are used. These rights ensure that you can monitor whether the podcaster is adhering to the terms of the podcast contract, but also for you to track the performance of it on different platforms.
More importantly, if the recording is also published on a paid platform, you want free access when you ask for it. That way, you can ensure that the podcaster uses the recording correctly and the information provided with the recording, like your bio and links, is correct.
If you make these rights reciprocal, meaning the podcaster gets the same information on where you have posted parts of the recording or deleted them, then the podcaster can’t object to that.
5. What you will and what will NOT discuss
Depending on your brand, your situation, and the type of interview or conversation you will have, you may want to specify what information can or must be mentioned or discussed (like your new product launch). You might also want to agree on what information can not be discussed. That could not only be the case if you have some sort of celebrity status and you don’t want to talk about your recent breakup. You may be on the podcast for a specific reason, like the launch of your new planners. If you also have another business entirely unrelated to your planners, you don’t want the focus to go to that, so you may specify that only planners will be discussed. Also, if you are an expert in something general, like finance, beauty, or law, you may want to talk about a specific topic you have prepared for and not have the podcast host ask questions about something else.
Make that clear, so there is no confusion or awkwardness during the interview/conversation.
6. Editing: Should the podcaster ask for prior approval?
Of course, you want to protect yourself, but you can also go overboard and, conversely, hurt yourself. In my opinion, giving each other the freedom of editing rights is best. You might want to control everything, but if the podcaster has to ask for your approval every time the podcaster wants to post part of the recording on social media, the podcaster will likely not post as much as otherwise would be the case. And, most likely, the podcaster does not have any ill intentions with the recording. Their reputation is also on the line, so they probably don’t want to put something out there that could be misconstrued or taken out of context or even disparage you. You still want to protect yourself against that, and often when that’s the case, it was not intentional.
That’s why you have a contract. Your podcast guest contract template should specify that in case part of the recording is published in a way that could negatively affect you, you have the right to have the podcaster take it down. You should also define what a “negative effect” would be, like something that “disparages” or “discredits” you or something that is “likely to cause confusion among third parties,” but also something that “insinuates any endorsement or sponsorship” of you.
Make these rights reciprocal, too, as you should do the same.
7. Disclaimers & your responsibility towards listeners
Often, a guest release form template will include an exclusion of liability for the benefit of the podcaster that you release the podcaster from any liability in connection with the making, editing, and publication of the recording (which is a very far-reaching exclusion from liability). However, no release from liability is included for your benefit.
The guest release form template should include the same exclusion of your liability when using the recording yourself, but also that neither you nor the podcaster can come after each other for claims that listeners make against either one of you for what that person said.
Your podcast guest contract template should at least include disclaimers. These disclaimers should state that whatever you say on the podcast is not professional advice and should not be construed by the podcast host (who is asking you questions that you are answering but not in a professional capacity) or the listeners.
Make sure to state this disclaimer for the listeners, too, during the recording for the listeners to know.
Check out the other essential elements (for both guests and podcasters) a guest release form template should have in this blog post: 9 Key Elements Every Podcast Guest Contract Should Have.
Free podcast agreement template
So, now you know what your podcast guest contract template should include, you can make sure that all these essential elements are included in your contract.
You may have found a free podcast agreement template on Google, but these free templates are often drafted for podcasters and not in favour of the guests. That guest release form template will likely not have all the elements I just talked about in your contract. If you are the guest, you may want to include these elements, or you could get an affordable podcast guest agreement that contains clauses for the benefit of the guests and not just the podcaster.
Guest release form template
I sell my podcast guest contract template in my contract shop containing all the elements I discussed. I use this same template for my own guest appearances. You can find this specific contract on this page.
Check out the other essential elements (for both guests and podcasters) a guest release form template should have in this blog post: 9 Key Elements Every Podcast Guest Contract Should Have.
Podcast legal documents
If you are a podcaster reading this blog post, the guest release form template is just one of the essential contracts you should have.
You can learn more about other podcast legal documents a podcaster needs in this blog post: 5 Must-Have Podcast Contracts Every Professional Podcaster Needs.
This post was all about the essentials a podcast guest contract template should have for every guest.
You can learn about other key elements every podcast guest contract template needs (for both guests and podcasters) here: 9 Key Elements Every Podcast Guest Contract Should Have.
You can learn more about why you need a podcast guest contract here: 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
You can get the podcast guest contract template separately here!
