Two different permissions: recording and publishing
Interview creators often treat consent as one checkbox. It is two. Recording consent is about whether you may capture the conversation at all, which wiretapping and eavesdropping laws govern. Publishing permission is about what you may do with the result: post it, cut it into clips, use the guest's face and name in thumbnails and ads. A guest who agreed to be recorded has not necessarily agreed to appear in your marketing.
This guide summarizes general US legal resources for planning purposes. It is not legal advice, the rules vary by state and country, and the sources themselves say they are not a substitute for a lawyer. [1][3]
One-party versus all-party consent in the US
Federal law makes it lawful for a private person to intercept a communication they are a party to, or where one party has consented, unless the purpose is to commit a criminal or tortious act. [2] The Digital Media Law Project summarizes this as federal law permitting recording with the consent of at least one party, and says 38 states and the District of Columbia follow the same one-party rule. [1]
The same guide counts eleven states that require every party's consent, naming among them California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. It adds caveats: Illinois's statute was held unconstitutional in 2014, Massachusetts bans secret recordings rather than requiring explicit consent, and Hawaii requires all-party consent when a device is installed in a private place. The project notes the site is no longer updated, so check current law. [1]
For remote interviews the practical answer is simpler than the map. When participants are in different states it is hard to tell which law applies, and the guide advises playing it safe and getting the consent of all parties. [1] The Reporters Committee for Freedom of the Press maintains a state-by-state recording guide if you need the specific rule for a state. [3]
| Situation | What the sources say | Planning choice |
|---|---|---|
| Everyone in a one-party state | Your own consent can be enough | Still get consent on the recording |
| Anyone in an all-party state | Every party must consent | Consent from everyone before recording |
| Participants in different states | Applicable law is hard to determine | Treat as all-party |
| Guest outside the US | Not covered by these US guides | Check that country's rules; get explicit consent |
What a guest release typically covers
Using someone's name or likeness can lead to misappropriation or right of publicity claims under state law, which generally require use of a protected attribute such as name or likeness (courts have also held that using a celebrity's voice can violate the right of publicity), an exploitative purpose, and lack of consent. Consent is a complete defense. [4]
The Digital Media Law Project recommends an interview release, getting consent in writing whenever possible, and using the release only for the media and purposes it covers. Children cannot consent on their own behalf, so consent should come from a parent, and consent can be revoked before publication. [4] Those points shape what a release should spell out.
| Release term | What to spell out |
|---|---|
| Recording | That audio and video will be recorded, including separate local tracks |
| Uses | Full episode, clips, audiograms, transcripts, translations |
| Channels | Your show, social platforms, website, newsletters, paid promotion |
| Name, likeness and voice | Use in thumbnails, artwork and promotion of the episode |
| Editing | That you may edit for length and clarity |
| Duration and territory | How long and where the permission applies |
| Withdrawal | How and until when the guest can withdraw |
| Minors | Parent or guardian signature |
The on-recording consent statement
Say a short consent statement right after you press record, and ask each participant to answer aloud. The recording then carries its own evidence, separate from the release form. Some all-party states may treat continuing a conversation after being told it is recorded as consent, but the guide recommends getting consent from everyone regardless. [1] An explicit yes is cleaner than relying on that.
A workable script: This conversation is being recorded in audio and video for [show name], and may be edited and published as a full episode and as clips. Do you agree to be recorded? Each participant answers yes with their name. Keep that segment in the raw archive even though you cut it from the published episode.
Pre-session checklist
- Release sent with the booking confirmation and signed before the session
- Guest's state or country noted; treat mixed locations as all-party
- Parent or guardian signature if any participant is a minor
- Consent statement printed in your run sheet
- Recording started before the consent statement, and the statement captured on every participant's track
- Off-the-record topics agreed in advance and noted
- Any co-host or producer on the call included in the consent
- Raw files with the consent segment archived alongside the signed release
- If the guest asks to withdraw before publication, a plan to pull the episode or clips
Remote studios and AI features
Riverside lists separate track downloads on its plans, so a separate copy of each guest's recording can sit in your account after the session. [6] Your release should say how long you keep raw files and whether they may be reused.
If you plan to use AI to alter a guest, think twice and ask first. YouTube requires disclosure when realistic altered content makes a real person appear to say or do something they did not. [5] A release for a normal interview does not cover synthesizing new sentences in the guest's voice.
Questions before you decide
Is the US a one-party consent country for recording?
Federal law allows recording with the consent of one party, but states differ. The Digital Media Law Project counts eleven states requiring all-party consent, including California, Florida and Pennsylvania, so the state rule can be stricter.
What if my guest is in a different state?
The Digital Media Law Project says it is difficult to tell which law applies to calls across states and advises getting the consent of all parties. Treat any multi-state interview as all-party consent.
Why do I need a release if the guest agreed to be recorded?
Recording consent covers capturing the conversation. A release covers publishing and promotion using the guest's name, likeness and voice; the Digital Media Law Project notes consent is a complete defense to misappropriation claims and recommends getting it in writing.
Can a guest withdraw consent after recording?
The Digital Media Law Project notes that consent can be revoked before publication. Say in the release how withdrawal works and plan how you would pull an episode or clip.
Sources & verification
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- Digital Media Law Project: Recording phone calls and conversations Accessed 30 Oct 2026
- Cornell Legal Information Institute: 18 U.S. Code 2511 Accessed 30 Oct 2026
- Reporters Committee for Freedom of the Press: Reporter's Recording Guide Accessed 30 Oct 2026
- Digital Media Law Project: Using the name or likeness of another Accessed 30 Oct 2026
- YouTube Help: Disclosing use of altered or synthetic content Accessed 30 Oct 2026
- Riverside: Pricing Accessed 30 Oct 2026
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