What to Include in Your Guest Release Form for Total Protection
Episode 324 | Insider Secrets to a Top 100 Podcast | Courtney Elmer
Featured Guest: Gordon Firemark
Gordon Firemark is an entertainment lawyer with 33 years experience helping creators in the media protect themselves with structures, strategies and frameworks that allow them to get their message out so they can achieve the impact, influence and income they deserve. He's the host of Entertainment Law Update and Legit Podcast Pro, and author of The Podcast, Blog & New Media Producers' Survival Guide. He also teaches media, entertainment, & intellectual property courses at colleges around LA.
0:23 - Why Even Small Shows Need a Guest Release Form
3:00 - How Skipping This Step Opens You Up to a Lawsuit
5:28 - What to Include in Your Guest Release for Full Protection
6:34 - The Must-Have AI Clause That Protects Both You and Your Guest
9:13 - The Easiest Way to Get Guests to Sign (with Zero Pushback)
Why Every Podcaster (Yes, Even You) Needs a Guest Release Form
If you don’t have a guest release form in place, consider this your wake-up call. And if you do—are you sure it actually protects you?
Whether you’re running a small show or a Top 100 podcast, a guest release form isn’t just a nice-to-have, it’s a legal must. Podcasting attorney Gordon Firemark, who’s spent years helping podcasters avoid costly legal mistakes, puts it bluntly: “Anytime two or more people get together to make something, the law presumes they’re sharing ownership of it—unless there’s a clear stated intent otherwise.”
In other words, without a signed guest release, your guest technically has a claim to your episode. And that’s where things can get messy.
What Is a Guest Release Form, and Why Do You Need One?
Under copyright law, anytime two or more people create something together, the law assumes shared ownership unless there’s a written agreement stating otherwise. “A guest release is a contract,” Gordon explains. “It gives you consent from the guest to be recorded, permission to use and use the recording however you want. It also states that you—the creator—own the episode. So you want a release that says, ‘Yeah, it’s yours. You own it.’” Gordon adds.
That means if you don’t have one, your guest could come back later demanding edits, removal, or even compensation. And without a signed release, they might have the legal standing to force your hand.
How Skipping This Step Can Open You Up to a Lawsuit
Think this only applies to big shows? Think again.
No matter how small your show is, you can’t predict what a guest will do down the road. Maybe they don’t like how you framed the episode. Maybe they change their stance on a topic and want to distance themselves from it. Or maybe they just decide they don’t want to be associated with your show anymore.
Without a signed release, they might have the legal standing to force you to take down an episode—or worse, sue.
Gordon recalls a real case where a podcaster got hit with a lawsuit simply because she didn’t have a guest release. “She had a guest on—an expert in lactation consulting—and later brought on another guest advocating for formula use,” he shares. “The first guest did not like that and told her, ‘I demand you to take my episode down. I don’t want my name associated with your podcast anymore.’”
The host, a journalist, wasn’t keen on removing the episode entirely. Instead, she offered to include an explanation about why it was removed. But the guest refused, and without a signed release, it turned into a lengthy (and expensive) legal battle.
Translation? A guest release isn’t just paperwork—it’s your protection.
What to Include in Your Guest Release for Full Protection
So, what exactly needs to be in your guest release? According to Gordon, these are the non-negotiables:
- Clear Ownership – You (or your company) retain full rights to the episode. No shared ownership. No gray areas.
- Permission to Record & Publish – Guests acknowledge they’re being recorded and give you full rights to publish.
- No Right to Editorial Control – You have final edit. Guests can’t come back demanding changes or trying to dictate how their episode sounds.
- No Compensation – Unless you plan to pay guests, this should be explicitly stated. No room for confusion.
- AI Protections – In today’s landscape, this is a must. Your release should clarify that AI won’t be used to manipulate their words or clone their voice.
If your current guest release is missing any of these—or let’s be honest, if ChatGPT wrote it for you—it’s time for an upgrade. Gordon has a free, lawyer-drafted guest release template that covers everything you need. Download it now and get this locked in before your next interview.
The Easiest Way to Get Guests to Sign (With Zero Pushback)
Worried about how to introduce a guest release without making it weird? Here’s the simple fix: make it part of your guest onboarding process.
When a guest books a time for their interview, they should be taken to a form where they drop in their bio, headshot, links—and sign the release by checking a box acknowledging they’ve read and agree to it. That way, it’s handled before the interview ever happens. And if they don’t (or won’t) sign? That’s your cue to cancel.
For in-person recordings, have a printed copy ready and get their signature before you hit record. Or better yet, have them book their in-person recording online and sign the release at the time of booking. That way, it’s done—even if you forget to print a physical copy.
If you’re interviewing a celebrity, athlete, or someone with a high-profile manager, Gordon says these guests (or more accurately, their reps) are often resistant to signing a release. The good news? They’re used to doing press and media appearances, so there’s an unspoken understanding that their interview is fair game.
That said, if they refuse to sign, Gordon recommends getting verbal consent on the recording itself. Before you dive in, say: "Just to confirm, we’re recording this conversation, and we’ll be publishing this episode. You’re good with that?” As long as they say yes—and you keep that recording—you’re covered.
Protect Your Podcast Before It’s Too Late
A guest release isn’t just a formality—it’s insurance. It protects you, your podcast, your content, and your peace of mind. You’ve got enough on your plate already, and the last thing you want is to be blindsided by a guest demanding edits, removal, or even legal action over an episode you poured time and energy into.
The good news? It only takes a few minutes to put the right protections in place. And once it’s baked into your process, it’s one less thing to worry about.
So if you don’t have a guest release yet—or if you’re realizing yours might not hold up—don’t wait until it’s too late. Download Gordon’s free, lawyer-drafted guest release form and get it in place before your next interview. Future you will thank you.
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Up Next:
Getting just 37 downloads an episode after months of podcasting? You’re not alone In the next episode, I’m answering a listener question from someone who’s been podcasting for eight months but only getting a handful of downloads per episode. In the next episode, I’m breaking down why this happens—and what to do about it—so you can turn things around fast. Don't miss it!
