Kansas Permission to Use Interviews for Publication

State:
Multi-State
Control #:
US-04341BG
Format:
Word; 
Rich Text
Instant download

Description

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.


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FAQ

Kansas bars the recording, interception, use or disclosure of any private conversation without the consent of at least one party to the conversation. The state also prohibits the recording and disclosure of images captured illegally with a hidden camera. Violators can face both civil and criminal penalties.

Under Kansas breach of privacy law, it is a misdemeanor to record a conversation or other private communication without the consent of at least one party. Violators may also be subject to civil damages.

Under KORA, public agencies are required to: Appoint a freedom of information officer to assist the public with open records requests and disputes. That officer is to provide information on the open records law, including a brochure stating the public's basic rights under the law (KSA 45-226 and KSA 45-227);

Kansas law makes it illegal to secretly use any device to listen to, record, or amplify a private conversation in a private place ?without the consent of the person or persons entitled to privacy therein.? Kan. Stat. Ann. § 21-6101(a)(4).

Several states have adopted two-party consent laws. These states include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. In these states, it is generally illegal to record a conversation without the consent of all parties involved.

The Kansas Sunshine Laws require governments to function in the open, subject to public scrutiny. Kansas has two sunshine laws: the Kansas Open Records Act (KORA) and the Kansas Open Meetings Act (KOMA). KORA requires most records that are made or kept by public schools or community colleges to be open to the public.

The state's eavesdropping law requires the consent of at least one participant to a conversation before any recording can take place, unless the parties to the conversation do not have a reasonable expectation of privacy (such as in public places). Colo. Rev.

KANSAS is considered a One-Party Consent State, in that at least one person involved in the recorded communication must consent. Illegal recordings are a misdemeanor and can also result in civil damages.

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Kansas Permission to Use Interviews for Publication