What legal contracts your Podcast needs
It does not matter if you are a professional podcaster, a passion driven hobbyist, or starting a brand new podcast, there are a few legal contracts you need to have in place to legally protect your Podcast and the entire body of work you’ve created through it.
For a comprehensive overview of Podcasting in Canada check out Podcasting in Canada – The Legal Way!
This article will cover the top 2 legals contracts you need:
- Podcast General Release Form
- Podcast Speaker Agreement
1.
Podcast General Release Form
Podcasters (just like you) often wonder why a Podcast General Release Form is truly necessary, and the answer is it depends. Do you host a Podcast by yourself, where you are exclusively talking with no audio clips or guests? If that’s the case, then no, you do not need a Podcast General Release Form. Now, do you host a Podcast where you bring in audio clips of other authors or interview guests? If this is the case, then yes, you absolutely need a Podcast General Release Form.
What will a Podcast General Release Form do for me?
Regardless of the size of your Podcast audience, utilizing a Podcast General Release Form from day 1 is critical to the success of your Podcast.
A Podcast General Release Form will:
- Release the guest from any claim to ownership
- Allow you to freely edit the audio
- Ensure the guest agrees to any and all marketing of the episode (think, posting their headshot on your IG account!)
- Reiterate your right to choose whether to publish the episode or not
- Outline some specifics and expectations for smooth sailing
- And a few other legal points you need in there.
For a comprehensive overview of Podcasting in Canada check out Podcasting in Canada – The Legal Way!
Think of it this way, if you edit your podcast (like 99.99% of people do…) and delete portions that you feel aren’t in line with your message or agenda for a particular episode, your guest would have the legal right to make you take the episode down, and could potentially request compensation or sue you for invasion of privacy or copyright infringement (YIKES!).
With a signed Podcast General Release Form the expectations are clearly managed, and the risk can be lowered allowing you to concentrate on producing your best episodes without any legal repercussions.
2.
Podcast Speaker Agreement
Bringing on podcast guests is a fantastic way to share ideas, deepen the education of your audiences and to form stronger networking relationships within your industry. As the podcaster, you provide the forum, bring your own audience and edit the episode with the hopes that your guests will also market the episode for you, widening your reach – but there is nothing worse than an interview guest that does not show up on time, is unprepared, and does not share the episode. The good news is you can legally bind them to do so via a Podcast Speaker Agreement.
The Podcast Speaker Agreement establishes what you want your guests to do! This can include:
- Putting responsibilities on your guests to promote your podcast.
- Making sure they provide approved photos, biographies and relevant links.
- Discusses compensation for the guest – if any!
- & so much more.
BONUS: Send the Speaker Agreement with the Podcast General Release Form to tell your guests what you want them to do and to protect your media!
How do I get my guests to sign it?
Now, this could not be easier! We recommend having your Form signed prior to the scheduled recording, because… well… what’s the point of putting a helmet on after you fall and hurt yourself?
There are several ways to have your forms signed. You can attach it as a PDF and have the guest physically sign it. Alternatively, you can send it via an electronic signature app that will allow your guest to sign on the spot.. We have used HelloSign and DocuSign time and time again, and both platforms are painless and a huge time-saver. There are many options for electronic signature apps, and a quick Google search will provide an array of options from free to paid services.
However you provide your Form, the important thing is getting it signed. Save yourself from future difficulties and legalize your podcast, and align your guests with your vision.
Can I Legally Host My Guests Without these Contracts?
Sure, you can… there is no legal requirement (in statute) for you to have them signed by your guests, but we liken it to wearing a helmet on a bike ride. You don’t need it to work until something goes wrong. As long as you understand the repercussions of not fully owning the media via a Podcast General Release Form or not being able to enforce certain rules on your guests via the Speaker Agreement then you’re fine. – but as we said, we probably wouldn’t do it.
Being proactive, and having your business and podcast covered is key to a long, healthy business model. Having these contracts in place can be a one-time purchase that will most repay itself tenfold as we have seen time, and time again.
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