Please note that I am not a lawyer or attorney so everything on this guide is not legal advice.
What is a release form and why should I need one?
A release form is a written document that states that the podcast producer has full control of the content recorded. That means the rights to edit, distribute as the producer sees fit, and the producer owns the copyright forever.
If you’re a podcast creator, you’d want the guest to sign a release form. Otherwise, the guests may sue you. They can claim copyright infringement or any of the other 499 reasons people sue each other. Having your guests sign a release form will give you peace of mind.
In that same vein, you probably want to incorporate as a business also. Incorporating will protect you from some liability. You want to separate your podcast as its own entity, apart from you as a human.
In this age of ChatGPT, AI, LLM, and Gen AI, it’s prudent to have some downside protection from intellectual property via contracts. Think of it like your vegetables, nobody likes it, but you eat it to stay healthy.
Examples
Here is one example from Gordon Firemark. You can scan through the legalese of the language.
PODCAST GUEST RELEASE
Agreement by and between [PODCASTER NAME and ADDRESS] (the “Producer”), producer of the podcast entitled [PODCAST TITLE] (the “Program”), and: the undersigned guest (the “Guest”, “I”, or “Me”) in connection with Guest’s appearance for an interview (or performance) (the “Interview”) for the Podcast. The parties hereby agree as follows:
CONSENT: Guest does hereby irrevocably consent to appear in the Program and to be recorded, filmed, videotaped or otherwise to have their voice and performance captured, reproduced and distributed. Guest further agrees that the Producer shall have the exclusive right to edit the content of and to make derivative works using the Interview.
NAME & LIKENESS: Guest hereby irrevocably authorizes Producer to use Guest’s name, image, likeness, appearance, voice, professional and personal biography(ies) and all materials created by or on behalf of the Producer incorporating the same in perpetuity for any lawful purpose, including, but not limited to advertising, public relations, publicity, packaging, and promotion of Podcaster and its businesses, products, and services, without further consent from or royalty, payment, or other compensation.
OWNERSHIP: It is understood that Guest retains ownership of any copyrighted material provided during the Podcast, however the Producer is hereby granted a non-exclusive, perpetual, worldwide and royalty-free license to publish such copyrighted work in any and all media, whether now known or hereafter devised.
Guest further acknowledges that the Producer is the sole owner of all rights in and to the Interview, the recording(s) thereof, the Program, as “works made for hire” pursuant to 17 USC §101, et.seq., for all purposes; and that Producer has the unfettered right, among other things, to use, exploit and distribute the Program, and Guest’s performance as embodied therein in any and all media or formats, throughout the world, in perpetuity. To the extent this provision does not convey full ownership of the Interview Guest hereby irrevocably transfers, assigns, and otherwise conveys to Producer all of Guest’s right, title, and interest, if any, in and to the interview, including all copyrights and other intellectual property rights in the interview. Any materials created in connection with the production and distribution of the Program (“Materials”) become property of Producer, and Producer shall have the sole and exclusive right to use, exploit and distribute such Materials, throughout the world, in perpetuity
NO OBLIGATION TO USE: Nothing contained herein shall be construed to obligate the Producer to use or exploit any of the rights granted or acquired by Producer, or to make, sell, license, distribute or otherwise exploit the Program or Materials whatsoever.
NO ADDITIONAL CONSIDERATION: Guest understands and agrees that the opportunity of the Interview constitutes sufficient consideration hereunder, and that Guest shall receive no monetary compensation for appearances on and participation in the Program.
RELEASE; WAIVER: Guest hereby releases and discharges Producer from any and all liability arising out of or in connection with the making, producing, reproducing, processing, exhibiting, distributing, publishing, transmitting by any means or otherwise using the Program, and, to the fullest extent permitted by law, waives all legal and equitable claims (whether now known or later discovered) relating to the Program whatsoever.
AGREED AND ACCEPTED Date: ______________
[PODCASTER NAME] Guest’s signature
Printed name & Address
You can download it straight from Gordon Firemark Website and update it to fit your needs.
Electronic Forms
Here is a Jotform example from Stephanie Connor that you can also use.
Previously, I’ve used Docusign. I like them because you can have your guests sign electronically and have all your documents in one place.
If you find other great examples, please let me know at support@podseeker.co and remember to eat your vegetables (aka: get your guest to sign the release form).
