11 Key Reasons Every Podcaster Needs a Podcast Guest Release Form
Having a guest on your podcast and wondering whether you should have them sign a podcast guest release form? These are the reasons and major issues you will avoid if you do.
Having a guest on your podcast is extremely exciting, but if you're anything like me, you are researching everything you need to ensure you are protecting your podcast. As a lawyer myself who drafts contracts for both podcasters, I am giving you the breakdown of the key reasons you need a podcast guest release form, regardless of how awkward it may seem to have a guest sign one (which I will give you the solution to).
You will learn about all the major issues and mistakes you could have with your guest if you do not have them sign a podcast guest release form, but also how to have your guest sign a podcast guest form (without the awkwardness) and what you need in your guest release form template.
After learning about all these key reasons and issues to avoid, you will have all your guests sign your release form smoothly and be fully protected.
This post is all about the key reasons every podcaster needs a podcast guest release form.
Essential Podcast Guest Release Form
Podcast Guest Form
Here are the reasons why you need a podcast guest form signed by your guest before you hit record.
Consent to be recorded: Whether or not the applicable law of your state or country permits recording a conversation, it's essential that you have your guest's explicit consent to record your guest's voice (and their image if you are also recording your podcast on video). Your guest has certain privacy and publicity rights. You would infringe those rights if you were to make the recording public by distributing it on your podcast. Therefore, you need to receive explicit consent from your guest to be recorded. A podcast guest release form grants you, as the podcaster, permission to use your guest's voice and image. I explain in more detail why you need the consent of your guest in this blog post on the 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
Protection against demands to delete the episode: When recording a guest on your podcast, the guest has certain intellectual property rights to the content the guest provides in that recording. That means that the guest owns that piece of content. Thus, if you do not have a podcast guest release form in place, the guest can tell you at any point in time not to air the podcast episode or even to delete an episode that is already aired, whether that be in two days, six months or three years. By having a podcast guest form in place, you will either have those intellectual property rights assigned to you, so you become the owner, or you will have an unlimited license to use those intellectual property rights. Then, your guest can not demand you to take the podcast episode down.
Rights to edit the recording: When creating a podcast episode, you will not just upload the raw recording. You (or your production team) need to edit the recording segments that are irrelevant, parts in which someone sneezes or coughs, include music or sound effects, etc. You will probably need to modify or shorten parts of the interview or conversation for clarity purposes or due to time constraints. By having a podcast guest release form, you have the consent from the guest and all the rights you need to edit and reproduce the recording any way you see fit.
Protection against demands for edits: Either before airing the podcast episode or after it's already aired, your guest may request that you edit certain parts of the episode. Maybe your guest regrets saying something, or your guest does not like how something was said for whatever reason. Or maybe you deleted part of the conversation, and the guest wants that part to be included. Such a request may be fair, or it may be completely unreasonable. Therefore, you want full control over what you keep and do not keep in your podcast episodes. A podcast guest release form provides you with all the rights you need to either comply with your guest's request or ignore it.
Prevent defamation claims: During your conversation with your guest, you may touch upon sensitive issues or discuss certain topics that your guest could perceive as defamatory. By having your guest sign a podcast guest release form, your guest agrees that they are responsible for what they say during the recording, and they can not make any claims against you for any defamatory statements they make in your podcast episode. The podcast guest form will protect you from any defamation claims your guest may want to make against you.
Compliance with data protection laws: You will need personal information from your guest, like their name, email address, (business) address, social media handles, etc., for communication with your guest but also publication and promotional purposes of your podcast episode. Data privacy laws require you to inform your guest of how their personal data will be used, stored and protected, so your release form should contain information on that or a reference to your privacy policy.
Avoid misunderstandings: Many of the one-page guest forms will not include this part, but a comprehensive podcast guest release form should include the details on the recording process, like the topics discussed, questions to be asked, format, platform/location of the recording, and what your client should do to ensure the recording is not interrupted. These details help prevent miscommunications or misunderstandings between you and the guest, which may arise during or after the recording of the podcast episode. Not only should a proper podcast guest release form give you the right you need to record, edit and distribute the podcast episode, but it should also serve as a guide that clarifies the expectations and responsibilities of both you and your guest. Including this part will create a professional relationship with your guest and avoid misunderstandings. For more on what details to include about the recording process, read this blog post on the 9 Key Elements Every Podcast Guest Contract Should Have.
Showcasing Professionalism: By presenting your guest with a podcast guest release form, you establish your professionalism with your guest and your commitment to ethical podcasting practices. It may seem awkward to you, but most guests will respect you for taking your podcast and your guests seriously. It demonstrates that you respect your guest's contribution to your podcast and take their rights and interests seriously. This level of professionalism can help build your podcast's credibility and enhance the quality of your podcast.
Clear Consent for Sensitive Topics: If, during your interview or conversation with your guest, you cover controversial or sensitive topics, your guest will likely receive negative feedback or hate comments from your listeners, or people's perceptions of your guest may change. These are consequences that everyone has to deal with when discussing subjects that not everyone may agree with. However, sometimes the impact of what a guest says on the podcast may be bigger than the guest had anticipated, or the guest simply did not really think through what they were saying. In these cases, a podcast guest release form becomes paramount for your own protection. With a guest release form, your guests explicitly acknowledge that they are solely responsible for their statements and their consequences. They have to consent to the fact that you may or may not use their content on controversial or sensitive subjects in your podcast episodes.
Release from Liability: Not only should your guests acknowledge their responsibility for what they say on your podcast, but they should also deal with any negative consequences that result from whatever they say. You need to ensure that your guests can not make any claims against you nor request any sort of compensation when they suffer damages from their contributions to your podcast. Whatever advice, recommendations, or opinions your guests have shared, they should also be financially responsible for. Therefore, you need a podcast guest release form that excludes your liability for any negative consequences like the ones already mentioned but also claims that listeners may make against your guest for whatever reason.
Future Use and Repurposing: Initially, you are recording the conversation with your guest for a podcast episode. But, you will also want to repurpose the content of your podcast episode with this guest for promotional materials, like TikToks, Reels or on your website. In the future, you might want to repurpose the content for future "best-of" podcast episodes or additional content, such as eBooks, blog posts or course material. With a podcast guest release form, you can agree that the guest grants you permission to use the guest's content beyond the initial podcast episode.
With the proper podcast guest form in place, you will have all the legal rights you need to distribute the podcast episode on whatever podcast platform you want and even on other channels, like your own website or social media, to promote the podcast episode.
Are you unsure how to present a podcaster or guest with a podcast guest contract? Do you feel awkward about it? I have written about how to do it less awkwardly in this blog post on the 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
Podcast Guest Contract Template
If you are looking for a podcast guest release form, I sell a guest contract template in my contract shop!
My podcast guest contract template is way more comprehensive than the podcast guest form one-pagers you will find online. Using the proper guest release form template will give you the full protection you need to protect your podcast and yourself.
The podcast guest contract template is very easy to use, with all the instructions you need, whether you are just starting a podcast or are a seasoned podcaster.
Podcast Legal Documents
If you are serious about podcasting (which, I'm guessing, you are if you are researching whether you need a podcast guest form), then the guest release form template is not the only legal document you need.
Find out about all the podcast legal documents you need as a podcaster in this blog post on the 5 Must-Have Podcast Contracts Every Professional Podcaster Needs.
This post was all about the key reasons every podcaster needs a podcast guest release form
You can learn more about why you need a podcast guest release form in this blog post on the 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
You can learn about what key terms you need in your guest release form template in this blog post on the 9 Key Elements Every Podcast Guest Contract Should Have.
Get your complete legal podcast bundle (which includes the podcast guest release form AND all the podcast legal documents you need) on this page of my contract shop!
You can get the guest release form template separately on this page of my contract shop!
