As podcasters, we (hopefully) know all about the copyright issues surrounding distributing “copyrighted works”
over the internet. Or at least we think we do:
Did you know that someone you interview for your show owns the copyright on their responses to your questions? That means that you should have permission to use their words. To do this, you need some kind of release. In a lot of cases, this would mean a legal document they would have to read and sign — but for most people, that’s too much (it will scare them away).
So, a way around this is a verbal release. In other words, if you record the person saying it is alright to use their responses, you have a form of release. According to the Creative Commons Podcasting Legal Guide:
As an interviewer, you should make sure the interviewee agrees to the interview, your adaptation of their responses (assuming you intend to adapt them) and to the inclusion of their responses in your podcast and the circulation of your podcast on the terms you choose. In many interview scenarios, you may have an implied license to use the materials, but it safest to get your interviewee’s written consent or (at minimum) record the interviewee’s verbal consent before you use the interview in your podcasts.
I found this in the guide and adapted it to create a little card that I hand to the person and ask them to read:
Comments
3 responses to “The Release Form”
I am reading the Podcasting Legal Guide right now. I was pointed to it from this site: http://www.portablemediaexpo.com/audio.htm
There they also have a link to a PDF or Word version of a document you can have your guests sign. I will probably go the route of the verbal consent for a while. But as I get into it and I might go with the written form. I have not even started my podcast yet. I am just laying the ground work.
Thanks for the good info.
Does this interview copyright concern mainly apply to professional interviews that have been specifically set up? My podcast is planning to be doing a lot of on-the-street interviews in situations and at events that people won’t necessarily want to read off of a card or sign a document.
Thanks for a nice website with good advice. I’m just about to start my online talk show, and I just wondered how do you do this when people are calling your show on a live broadcasting? My show will be more of an online radio setting, and I will be recording the show and podcasting it after editing it.
Love,
Q