In this episode, I answer a listener question about whether you need to get your podcast guests to sign a release form when they appear on your show.
While consent forms are common in the television industry, podcasting is still a bit of a legal grey area.
So, what’s best practice?
I explain how consent is usually implied, when you might need a signed form, and the simple steps you can take to protect yourself without adding extra admin to your workflow.
🎧 What You’ll Learn:
Whether guest release forms are the done thing in podcasting
When a signed release might be worth having
How to protect your show and your relationships with guests
Please note that I am NOT a lawyer so this episode should not be taken as legal advice.
I'm just sharing what happens in practice but if you want to protect your show you should always discuss your options with someone who actually finished their law degree (I did not).
This podcast was recorded on the lands of the Wangal people, of the Eora Nation.
I pay my respects to Elders past and present.
Transcripts
Voice over:
Got dreams of being a professional podcaster, but have no idea what you're doing. This is impossible. That's about to change. A new kind of school. Welcome to the POD School Podcast.
Rachel:
Hello. Welcome to the show.
Today's question comes from Artie.
If you have a question, you just need to head to the description of the episode and click the link, and you can submit it there. Anything that you want to know about podcasting. I've been doing this for a really long time, so I'm confident that I can find an answer for you.
Artie has asked, "Hi Rachel, do you think it is important to get the guest to sign a consent form on your podcast?"
Now, let me just say that even though this is a very professional, very high attention, very hyped-up medium, legally, we're a little behind. We don't have as much regulation or attention. I've kept saying over the years, it will come, it will come. And it has come in dribs and drabs.
Certainly around music licensing, you know, that was a bit of a wild west. A lot of people putting music in their podcasts... shouldn’t do that, by the way. And a lot of podcasters had to take their shows down because there was a lot more attention on the medium.
In terms of somebody sitting in front of a microphone and recording an episode with you, at the moment the assumption is if they've sat in front of a microphone with you, that is consent. They are consenting to be recorded. They know that they're being recorded.
I appreciate that in TV you have to sign release forms. That might be because there's an image associated with it. And I appreciate we're doing a lot of video in podcasting, so maybe that changes things. But certainly in my experience, I've been responsible for the creation and production of almost 60 shows over the course of my career. I don't think I've ever had anybody issued a release form, except when we did a branded podcast and we had a lot of kids involved. And also, just brands often are like, well, let's just cross all the T's and dot all the I's, so they wanted that done.
But certainly, it just doesn't really happen.
Does that mean that's a good idea? No, not really. And if you want to make sure that you are definitely covered, then you could certainly get somebody to draw up a release form that you could get people to sign.
You could also record something at the beginning, so you've got something on tape that just says, "Hey, just to let you know..." I mean, ideally you've sent them an email and had some communication ahead of time so they understand what the process will be. But you could also record at the beginning of the episode: "Oh, as I mentioned, I will record this episode, then I'll edit it up, and that will just be about making sure that it flows really well. If there's anything during the recording that you think, 'I don't want to say that,' you can stop down, we can pick up. If you get to the end of the episode and you think, 'I don't want to include that bit,' just let me know and I will edit it out afterwards." So maybe you could kind of lay out the groundwork there and get them to say yes on tape, so you have their consent verbally.
But certainly, them turning up to record an episode of a podcast is seen as them consenting to be on that podcast.
I would say, if anybody contacts you after the fact and says, "I don't want that to be up anymore," take it down. It is just an easier thing to take it down. It's often not worth the fight if they don't want it up. I have honestly never, in my career... it might have happened once, maybe. But if you've been really respectful of the guest when they turn up, and you are genuinely editing to make sure that they sound their best, not because you want to gotcha them and catch them in a moment and cut up something so it sounds like they said something different... that is a recipe for disaster, because nobody's going to want to come on your show.
But if you are genuinely just wanting to get value out of them and make them sound their absolute best, there's no reason for somebody to turn around and say, "No, I don't want to be on your show anymore."
So, at least in practice in the industry at the moment, release forms are not a thing.
You can, of course, make sure that you are absolutely zipped up with your legals and get a release form for guests if you want it. But it is not the expectation at this point in time.
I hope that has helped you to cancel the appointment with the lawyer — or not.
Feels like that's another thing on the list of things that you have to worry about when you're preparing your podcast.
If you want to know what it takes to start your very own podcast, then make sure you check out my online podcasting course, podschool.com. You'll find all the details for what's included in the course.
And if you are just really keen to get your show started ASAP, and you want to set up all the tools and tech, then head to podcastingguide.com. The link is also in the description of the episode, and you can download my free podcasting guide there to help you out with that.
