The content on this page is for information purpose only. Always contact a lawyer to can get the right help for your specific situation.

Release form

A release forms (also know as a model release) is a document on paper or electronically that describes how and where you can publish the content created (photo, audio or video) and other info such as his/her name, photo, bio etc. If you are recording at a private location that is not yours, you also need the permission from the owner.

Sometime what we think is a public place is actually owned privately. Like a mall or a park. The park is often owned by the council and they can have certain laws for recording audio etc. Always have a released form signed before you record. Signing it after will add time to when you can publish the episode. If it’s a minor usually under 18 you need the consent from their parents.

Having a release form is a contract between you and another person/s and makes it clear what you have agreed on and not have agreed on. This doesn’t mean it can’t be disputed but at least you have a contract. Having a contract is not a 100% guarantee but it is the closest you can get.

If you have the person signing a release form it will create greater awareness what they agree to as well. That could backfire as well maybe the person won’t agree to those terms... Better know that before putting in all the work. It’s good to think about how you want to handle a situation if I guest want to take down an episode after it has been published either by request or to the extreme, by taking it to court. If a person don’t want be on your podcast anymore, do you really want them to still be a part?

Remember that different laws may apply in different states and countries depending where your guest/s are an where it is recorded. For example if I go to Podcast Moment (PM) in the US an have a podcast in Australia. I’m interviewing a person from Spain at PM. What laws apply then to the interviewer and release form? Always check how the laws to you in the area you are.

After talking to my lawyer, James Irving at Irving Law about release forms I got another understanding. A release form can be different from one country to another, In Australia for example, a release form needs to be created as a “deed” since no money is exchanged. The signature needs to be witnessed by another person than you. Which makes it a little more inconvenient… In the US a release form doesn’t need to be witnessed.

Here is an interesting article on the topic from a Gordon Firemark that is an entertainment lawyer. https://firemark.com/2016/09/30/use-release-podcast-guests-entertainment-law-asked-answered/

Gordon also have a generic podcast release form that you can download here. www.podcastrelease.com

There are apps for smartphones where you can have a quest sign a release eform digitally and create your own forms. Easy Release is and app that does this for IOS. Mainly used by photographers and videographers but you can customise it. If you are recording at location you might need a release form for the location if it’s not public…

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