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.
California Permission to Use Interviews for Publication
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How to fill out Permission To Use Interviews For Publication?
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FAQ
The U.S. Copyright Office will assume that the interviewer and the interviewee own the copyright in their respective questions and responses unless (i) the work is claimed as a joint work, (ii) the applicant provides a transfer statement indicating that the interviewer or the interviewee transferred his or her rights ...
The Copyright Act of 1976 protects ?original works of authorship fixed in any tangible medium of expression.? ingly, an interview is protected by copyright only if it satisfies the ?originality? and ?fixation? requirements of U.S. copyright law.
Obtaining the consent of all parties being recorded is a crucial consideration when it comes to interview recording compliances. In most jurisdictions, it is necessary to inform candidates that the interview will be recorded and obtain their written or verbal consent before proceeding.
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.
In most cases, you will need to obtain consent from the people you interview either through a consent form or oral consent (where appropriate).
But it does appear that, as long is the interviewee is aware an interview is taking place, the majority of the time the court sides with the interviewer as the copyright owner of an interview, unless it was a work for hire arrangement or a preliminary contractual release was made to the contrary.
When a work is fixed in a copy or recording, the work is created. This gives the work its copyright. Therefore, when an interview is physically recorded it becomes copyrighted.
