This article is based on industry experience but does not constitute legal advice. If you want to protect your show legally, please seek independent advice from someone who actually finished their law degree (not someone who got 4/5ths of the way through it, like me).
Does a guest showing up count as podcast consent?
One of the questions I get asked a lot is: “Should I get my guests to sign a release form before I publish their episode?”
And while this kind of paperwork is standard in industries like television and film, podcasting is still finding its way when it comes to legal formalities.
So, is a signed consent form a requirement or just nice to have?
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What counts as consent?
Right now, the industry standard is that if someone sits down to record an interview with you, their presence is seen as implied consent.
They know they’re being recorded. They’ve agreed to the chat. They’ve sat down in front of a microphone.
And that, for most podcasts, is enough.
I’ve overseen the production of thousands of podcast episodes in my career and we’ve never signed a single release form for any guest.
Except, when we were creating a branded podcast that involved minors because there are much stricter laws around working with children and we had stakeholders who wanted clear documentation.
That doesn’t mean you shouldn’t do it if you really want to, it’s just not the expectation in the industry at this point in time.
Should you ask your guest to sign a form, just in case?
If want to be extra cautious, there’s nothing stopping you from getting a legal professional to prepare a release form and asking your guests to sign it.
I would say, release forms can be intimidating for some people, so keep that in mind when you’re explaining it and deciding on what language should be included.
You want your guest to read it and interpret it as: “You consent for me to record audio and vision of you during this podcast episode,” not “You’re signing your life away and I can edit this however I see fit and if you don’t like it there’s nothing you can do about it.”
A release form that reads like that could turn people away and make them feel like your intentions are to twist their words in the edit rather than make them shine (which should always be your goal).
Another way to confirm consent is to get a verbal agreement down on tape before you’ve started the interview.
You can do this by saying something like:
“Just confirming before we start recording you’re happy to be interviewed for the podcast and understand this will be recorded, edited and published across all my platforms.”
This can be a simple way to capture consent without the hassle of paperwork.
What if a guest changes their mind?
If someone reaches out after their episode has gone live and asks you to remove it, I’d highly recommend doing it.
Even if you technically have the right to keep it up, it’s not worth the stress, potential fallout, or bad PR.
And if you respect your guests, are clear about what’s involved in coming on your show and are focused on making sure they have a great time and sound excellent, chances are this will never be an issue anyway.
What about video podcasting?
If you’re capturing video and publishing it on YouTube or other platforms, there might be an argument to get something drawn up, but again it’s not the norm in the industry.
Either way, it’s a good idea to give a detailed description of what a guest can expect including what you’ll be capturing and how you intend to use the footage.
This way your guest can reply to your email and let you know they understand (this also ensures they don’t turn up in their pj’s thinking it’s audio only)
You can also get their consent on tape, as suggested above, when they’re behind the mic.
The bottom line?
At least right now, a release form isn’t required to get a guest on your podcast.
That might change but if it helps you feel more secure, there’s no harm in preparing one for your show (just make sure you get someone qualified to do it and that it doesn’t scare people off).
The main thing, even if you don’t have the paperwork, is to make sure your intentions are clear, your communication is open, and you’re respectful of your guests and their experience throughout the process.
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Got a question about podcasting? Send it my way so I can answer it on the podcast!
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.
All right, I will see you on the next episode.
