Massachusetts Permission to Use Interviews for Publication

State:
Multi-State
Control #:
US-04341BG
Format:
Word; 
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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.


How to fill out Permission To Use Interviews For Publication?

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FAQ

A release form should be completed by every interview participant, including the interviewer. These are permanent documents that tell a researcher, interviewer, or institution what can and can't be done with the interview and its content.

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.

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.

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.

Copyright, in an interview, can be owned by at least two parties: the interviewer and the interviewee. The interviewer will likely hold copyright in his or her questions and any accompanying commentary, as well as in his or her arrangement and organization of the interview responses.

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Massachusetts Permission to Use Interviews for Publication