Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Recording Phone and Remote Calls as a Podcaster or Remote Interviewer

The podcaster’s technical setup — double-enders, cloud platforms, separate audio tracks — happens to be excellent compliance: every guest knows they are being recorded, has explicitly consented, and has signed a release. The harder questions are about editing and post-release distribution.

The legal overlay specific to this role

  • Consent. Standard state and federal consent rules apply. Because podcasting’s normal workflow includes explicit consent and a release form, compliance with consent statutes is usually trivial.
  • Release forms. A release is a contract assigning rights to use the recording. Distinguishes consent-to-record (a legal requirement) from consent-to-publish (a contractual matter).
  • Right of publicity. Publishing a recording without a release exposes the publisher to right-of-publicity claims in states that recognize them.
  • Copyright in the recording. Generally vests in the recorder (and the speakers have rights in their performance). A release allocates these clearly.
  • GDPR if your guests are in the EU. A release is a lawful basis (contract) but does not exhaust the transparency duties.

A practical workflow

  1. Send a release form before the interview. See our template.
  2. Confirm verbally at the start of the call: “You signed the release; just to confirm, you’re OK being recorded for the show.”
  3. Use a double-ender (Riverside, SquadCast, Zencastr) so each side records locally at high quality and the platform merges.
  4. Edit. The release should cover ordinary editing; if you make a substantive change that could misrepresent the guest, talk to them.
  5. Publish. The release covers distribution; keep a copy of the signed release with the show notes.

Consent script tailored to this role

You signed the release I sent — thanks. Just to confirm: I’m recording this for the [show], we’ll publish it on [platforms] in [timeframe], and you’re comfortable with that. Anything you’d like off the table?

Tools and platforms suited to this role

  • Double-enders: Riverside.fm, SquadCast, Zencastr, Cleanfeed.
  • Studio recording: Adobe Audition, Logic Pro, Reaper.
  • Distribution: any hosting platform; your release should cover broadly.

Common mistakes

  • Skipping the release because the guest is “a friend.” Get the release.
  • Using only the host’s local recording as backup; if it fails, no episode. Always have a double-ender.
  • Editing the guest’s words to mean something different. Even with a release, this is a defamation risk and a betrayal.
  • Publishing a guest’s off-the-record aside that you forgot to cut.

Where to get help

  • Our release form template.
  • An entertainment / media attorney for production-level releases.
  • Industry communities (SPI, PodFest) for current best practices.

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