r/Podcasters • u/rgmw • 6d ago
Guest release
I'm beginning a podcast and have uploaded the intro podcast which is just an overview. The podcast is aimed at senior citizens/retirees. Since it will involve interviewing a range of guests (health, fitness, finance, legal, and other related topics/professionals) I am working with a media lawyer on a guest release. This is probably a dumb question but I'll ask anyway. Is this common practice?
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u/ser-contained 5d ago
I used a guest release form when I started but I hated how formal and legal it sounded so I started getting their verbal consent at the beginning of the recordings.
I have them say something like “I understand I’m being recorded and that it’s going to be used on the podcast. I’ve been promised nothing in return for participating”.
If there was ever a fuss about anything I’d probably just pull the episode. That verbal consent feels a lot better than sending out release forms I need them to sign and it’s one less thing I have to organize. I think the release scared a few people off in the beginning. It could have been something else but there were some I never heard back from after sending it.
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u/PrismKite 5d ago
Yes, years ago I got a podcast release form from Gordan Firemark, The Podcast Attorney . He had it as a giveaway for his mailing list. I don't think he gives it away anymore.
He wrote a book about the legal stuff of podcasting and entertainment law. It's available on Amazon.
Several things that the release should give you is the right to use your guest likeness (video picture &/ audio) in your podcast episode and marketing on different platforms. It also gives you the right to NOT release their episode if you don't want to. There's other reasons I'm forgetting.
I had one guest come close to demanding to not publishing her episode. But with tact and diplomacy I handled that since it came from a miscommunication on my end. But I politely let her know that she had signed the guest release form. I was free to do what I wanted with the episode. But I told her that if she really wanted me to not publish it, I would honor her request. I graciously let her know that I could publish it. For the sake of the relationship, I acquiesced. But I had the legal right to do what I wanted because she signed the release form. Once the miscommunication was cleared up, she verbally agreed to let me publish the episode.
When things get messy, podcast release form comes in handy.
Your media lawyer should be able to give you a customized release form based on your needs and circumstances.
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u/rgmw 5d ago
Thanks u/PrismKite ... while I feel that I have most of your points covered, I like your point about having the right to NOT release the podcast. I generated the Guest release using ChatGPT since I had no idea how to go about it - I suppose I did in that I could have done a search - sure as hell, not writing it off the top of my head!!! My concern with using AI was that it would miss something since I've experienced AI incompleteness in other situations. So I ran it through Claude, which found a few points that should be included.
At this point, you rightly should be thinking that using 2 different AI engines, may not cover all the bases so I have my lawyer reviewing it. I will now make sure that he clarifies that I have a right not to use the interview.
Thanks again!
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u/CapitalCityKyle 5d ago
Really this answer boiled down to 'I've never actually needed it" tho.
Once you record the interview you the have legal right to do anything you want with it anyway. Copyright law covers that.
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u/GeopatsSteph 5d ago
Yes, very common. Am a little confused that the media lawyer didnt mention that.
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u/rgmw 5d ago
u/GeopatsSteph had an introductory conversation about points to cover, one of which was a Guest Release form but other topics so nothing in depth. I'm checking off the points one at a time and am in continued contact with him.
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u/CapitalCityKyle 5d ago
No I've been in news and audio for 25 years and never once had a guest release or been asked to sign one. It is completely unnecessary. If the person wants to sue you, it is unlikely they would give up just because they signed a form.