Most reporters and writers do not obtain signed interview releases because they presume that by giving the interview, the subject has consented to the interview and, therefore, cannot claim invasion of privacy. In addition, many interview subjects dont have the ability or inclination to execute a written release for example, a person interviewed by telephone for a newspaper story on a deadline.
Nevertheless, a written interview release can be useful. It can help avoid lawsuits for libel, invasion of privacy, or even copyright infringement (since the speakers words may be copyrightable). Its wise to obtain a signed release if the interview is lengthy, will be reprinted verbatim (for example, in a question and answer format), or if the subject matter of the interview is controversial.
Alabama Permission to Use Interviews for Publication
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FAQ
In a criminal case, a client has a privilege to prevent a lawyer or lawyer's representative from disclosing any other fact that came to the knowledge of the lawyer or the lawyer's representative by reason of the attorney-client relationship.
Both 503 and 503A protect "confidential communications." Rule 503(a)(3) states "[a] communication is 'confidential' if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the ...
Rule 703 also provides, however, that the facts may be made known to the expert outside the trial or hearing at which the expert is testifying. This includes data presented to the expert by means other than personal perception, such as through the opinions, records, or reports of others.
Quotations from interviews that include the interviewee's name, exceed fair use, or are not in the public domain. Copyright is jointly held by interviewer and interviewee. If you have conducted the interview, you still need written permission from the interviewee, and that form must include permission to publish.
Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony.
Originally enacted in 1935, Alabama's shield statute provides an absolute privilege to persons engaged in a newsgathering capacity on behalf of a newspaper, radio station, or a television station.
Shield laws may define who qualifies as journalist Statutes may also enumerate exactly what types of media outlets are covered. For example, in Alabama journalists working for newspapers and radio and television stations are protected, but those working for magazines are not.
A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating the rendition of professional legal services to the client, (1) between the client or a representative of the client and the client's attorney or a ...
