7 Key Terms Every Podcaster Needs in a Podcast Release Form
Want to know which crucial terms you must have in your podcast release form? These are the essentials all podcasters need to protect themselves and avoid major risks.
Having a guest on your podcast is very exciting, but if you're anything like me, you are researching everything you need to ensure you have everything you need in your podcast release form to protect yourself legally. As a lawyer myself who drafts contracts for podcasters like you, I am giving you the breakdown of the crucial elements that your podcast guest form needs, so you can avoid some of the major issues podcasters encounter with podcast guests.
You will learn about all the necessary provisions for your guest release form, regardless of where you get your guest release form template or podcast guest contract template from, so you can assure yourself that your podcast guest form gives you all the protections you need.
After learning about all these elements and what is essential for podcasters, you will be a pro and fully equipped to protect yourself when taking on guests.
This post is all about the key terms every podcast release form needs for podcasters.
Ultimate Podcast Release Form
Podcast Guest Form
Here is the breakdown of all the crucial terms you need in your podcast release form.
1. Ownership rights & license
As the podcaster, you want full control of your podcast episode and decide, without needing to ask the guest every time:
where you will use the content of that podcast episode;
how you will use it;
how to edit the podcast episode for different purposes; and
delete the episode if it's already been published.
Ideally, you would have all the guest's rights to the content of the recording, including the guest's intellectual property rights contained in that recording, assigned to you. That means you become the full owner of the guest's rights to the content of the podcast recording.
Being the sole owner of the recording, the content of the recording and all rights contained in it means that you have the complete freedom to do whatever you want with it. You don't need to ask your guest for permission (except you can't use it solely to disparage or hurt your guest, of course. There are limits).
Do realize that having all the guest's rights assigned to you means they are giving up all their rights. Some guests may not agree to that. It also depends on the amount of exposure (the size of your audience) or if you pay the guest to appear on your podcast, whether an assignment may be fair or not.
Another option is to have the guest grant you a license to use the content to the extent it contains the guest's intellectual property rights. By having a broad license included in your podcast release form with all the rights you need explicitly stated in it, you can still, in practice, have the same freedom to what you want with the podcast episode.
I explain this in more detail in this blog post on the 9 Key Elements Every Podcast Guest Contract Should Have.
2. License to your guest's name and image
You may have all your guest's rights to the content of the recording assigned to you or a broad license for those rights, but don't forget this important license too.
You will use your guest's name, image and likeness when airing your podcast episode and promoting your episode on different channels. You need a separate license for that too! The right to use your guest's name and image can not be assigned to you, of course, so ensure you have all the rights of use you need.
Specify that you may use your guest's name, image, and likeness for your podcast streaming platforms and promotional and marketing purposes, like on your social media channels, website, and perhaps even advertising. Now, you have all the rights and freedom you need.
3. Release from liability & indemnity
There is always a chance that your guest suffers negative consequences for whatever the guest says on your podcast episode. This is especially true if you cover controversial or sensitive topics. The guest may make a claim against you for disparagement or defamation if your listeners respond negatively to what the guest has said on your podcast episode.
But, your guest could seemingly cover a 'neutral' topic and recommend a certain podcast on your episode. Listeners may use that product and suffer negative outcomes from using that product, and, worst case scenario, make claims against your guest or even you!
Therefore, you want a shield to protect you from any claims the guest or your listeners may have against you based o what the guest said in your podcast episode.
Include:
exclusions of liability for any damages the guest may suffer, including claims from your listeners against your guest, releasing you from any liability arising from your guest's participation in the podcast; and
indemnities for any claims that your listeners may make directly against you for statements your guest has made on your podcast episode, so you don't pay for your guest's behaviour.
4. Representations and warranties
As the podcaster, you want your podcast to be as authentic and truthful as possible and protect the integrity of your podcast, so you want your guests to deliver that as well.
Therefore, you want to include representations and warranties in your podcast release form, confirming that your guest has the necessary permissions, rights, and authorizations to participate in your podcast.
A basic release form should also include wording stating that your guest's statements and contributions given during the recording are true and accurate and do not infringe upon any third-party (intellectual property) rights.
5. Confidentiality
Confidentiality is probably not the first thing you consider when recording a podcast episode with your guest. The conversation is going to be published, right? So, what is the need to keep that confidential?
Well, there may be certain parts of the conversation (that you did not foresee) that you want to edit out and do not want your guest to share with anyone else. We all say things we may regret or did not come out the right way. You should feel comfortable conversing with your guest, knowing that if you make a stupid remark, your guest is obligated to keep that between the two of you.
In addition, you will share information outside of the recording you want to keep confidential, including the podcast release form itself. You don't want your guest to share the content of the podcast guest form with others, nor do you want the guest to share with others if you paid them to be on the podcast or not.
By having a comprehensive confidentiality provision in your podcast release form, you protect the privacy and integrity of your podcast, its production process and yourself.
6. Compensation (whether applicable or not)
If you are paying your guest to appear on your podcast, then you want to specify the compensation amount and payment terms in your podcast release form.
On the contrary, the guest may also be paying you to appear on your podcast if you have a successful podcast, in which case you must also specify the amount and payment terms.
In either case, you must specify:
in the case you pay the guest, that the payment includes all compensation, including any and all compensation for the assignment of the guest's rights, and that the license is royalty-free.
in the case the guest pays you, that the guest will not be compensated for the assignment of the guest's rights or any licenses given by the guest.
However, likely, as in most cases, no one is getting paid to record your conversation with the guest, so in that case, you must also specify that the guest is not being compensated for appearing on the podcast, any expenses made by the guest, the assignment of rights or the license.
You must take these measures to avoid the guest may at some point ask you for compensation, especially if your guest's podcast episode is performing really well or your podcast is suddenly receiving way more listeners (thanks to your guest appearing on your podcast). In certain cases, when no agreements have been made on the compensation, the court may decide that the guest is entitled to fair compensation.
7. The right NOT to publish the episode
Your guest obviously is recording their conversation or interview with you under the assumption that you will publish the recording as an episode on your podcast.
However, you may have a reason not to publish the podcast episode. There are many reasons why you may not want to. For example, after the recording, your guest does something controversial, and you no longer want to be associated with the guest. Or your guest makes certain controversial or hurtful statements during the recording. Your guest may have mistreated you or your staff, or you end up in an argument with your guest. Maybe the sound quality is just too bad.
In any case, the podcast is your podcast, and you should have full control of the content you put out on your podcast.
Therefore, your podcast release form should state that you, at all times and for whatever reason, have the right NOT to publish the recording on whatever platform.
If you are paying the guest or the guest is paying you, include in your podcast release form what happens with that compensation if you decide not to air the podcast episode.
These are just some important terms you must include in your podcast guest form to protect your podcast. Read this blog post on the 9 Key Elements Every Podcast Guest Contract Should Have for more key terms you need in your podcast release form.
Unsure about how to present a guest with a podcast release form without being awkward about it? I have written about how to do it without the awkwardness in this blog post on the 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
Guest release form template
Are you looking for a podcast release form for your guests? I sell a guest release form template on this page of my contract shop!
My podcast release form is not just your basic release form. My podcast guest contract template contains all the important terms mentioned in this blog post and way more. Not only does it contain everything you need, but it is also super easy to fill out with instructions for both beginners and seasoned podcasters. This guest release form template can be used both for email (so it can be signed digitally) and as terms and conditions that your guests can easily agree to online (like when filling out a form).
Podcast legal documents
The podcast release form is just one of the podcast legal documents you need if you are a podcaster.
Find out more about all the podcast contracts you need in this blog post on the 5 Must-Have Podcast Contracts Every Professional Podcaster Needs.
This post was all about the essential elements every podcast guest contract needs for guests and podcasters.
Learn more about the basic terms a podcast guest form must include for both podcasters and guests in this blog post on the 9 Key Elements Every Podcast Guest Contract Should Have.
Want to know why you need a podcast release form? Read this blog post on the 3 Key Reasons Every Podcaster And Guest Must Have This Essential Podcast Contract.
Want to know about the major issues you will avoid by having a podcast guest form in place? Read this blog post on the 11 Key Reasons Every Podcaster Needs a Podcast Guest Release Form.
You can get your legal podcast bundle (which includes the podcast guest release form template AND all the podcast legal documents you need) on this page of my contract shop!
You can get the podcast guest contract template separately on this page of my contract shop!
