01
What varies between countries?
How many parties must agree to a recording. Some places require only one participant to know, meaning you can record a call you are on. Others require everyone. The difference is not a formality: recording without the required consent is a criminal matter in several jurisdictions, entirely separately from anything about publishing.
02
Two separate questions
Announcing it at the start satisfies the strictest rule and costs one sentence, which is why it is worth doing regardless of where you are.
| Question | Governed by | Consequence of getting it wrong |
|---|---|---|
| May I record this? | National law on recording consent | Criminal in several jurisdictions |
| May I publish this? | Copyright and agreement | Civil, usually |
| May I publish an extract? | The same as publishing | Civil, usually |
| Does everyone need to agree? | Varies, one party or all parties | The whole question |
| Does a platform notice cover it? | It notifies, which is not the same as consent | Depends on the jurisdiction |
03
A simple script for the start of a call
Something short and plain works: before we start, I am recording this so I can make clips for my channel. Is that alright with everyone? Then wait for each person to answer. A clear yes on the recording itself is the best evidence you could have that consent was given.
If someone joins late, repeat the notice when they arrive. The earlier announcement does not cover a person who was not there to hear it, and a late arrival is exactly the participant most likely to be surprised later.
Keep the wording the same every time so it becomes routine.
04
Consent to record versus consent to publish
Agreeing to be recorded is not the same as agreeing to appear in public clips. Someone may be happy for a call to be recorded for notes but not for their face and voice to appear on social media. Ask both questions when you intend to publish, and make it easy for people to say no to the second one.
Offer to share clips before posting when the person is a guest rather than a colleague. It takes little time, builds trust, and catches the rare case where a guest said something they regret or that could cause them trouble.
05
Keeping records
Save the part of the recording where consent was given, or a written confirmation by email or message. Store it with the original file. If a question comes up months later, you will be able to answer it in minutes instead of relying on everyone's memory.
For regular guests or co-hosts, a short written agreement covering recording and publishing for the whole series saves asking every time. Review it if the arrangement changes, for example if clips start carrying sponsorship.
06
Say it out loud at the start
- Find out which rule applies where you are. It is a short question with a clear answer.
- Consider where the other party is. Cross border calls can bring two rules into play.
- Announce it at the start regardless. It satisfies the strictest rule and costs one sentence.
Record with everyone told, then clip.
Questions people ask
- Does the platform's recording notice cover it?
- It notifies participants, which helps and is not the same as obtaining consent where consent is required.
- What if I am the only participant recording?
- Whether that is sufficient is exactly what differs between jurisdictions.
- Does it matter if I never publish it?
- Yes. The recording itself is what these rules govern, independently of publication.
- What about an international call?
- Where participants are in different countries, more than one rule may apply, and the stricter is the safer assumption.
- Is this legal advice?
- No, and this is one of the areas where getting it wrong has the most serious consequences. Take proper advice.