North Carolina 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

The first statute was passed in 1935. Records include all documents, no matter the physical form, ?made or received pursuant to law or ordinance in connection with the transaction of public business by any agency.? Anyone can request public records and no statement of purpose is required.

The Supreme Court has ruled that shield laws are incorporated to the states to decide on their own, while the issue of prior restraint applies only to the federal government. The issue of shield laws does not apply to the federal government because criminal prosecutions occur only at the state level.

In North Carolina, only one party has to consent to the recording or disclosure of communications. That means you can agree, to yourself, to record your conversation with a person who is in North Carolina, and you do not need that person's consent to record the conversation.

North Carolina's wiretapping law is a "one-party consent" law. North Carolina makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. N.C. Gen.

Shield laws are laws that allow reporters to conceal a source's identity. Some states, such as Colorado, have statutes that make communications between reporters and informants confidential, allowing reporters to protect the identity of any person who reveals information to them.

Superior Court, California's shield law provides ?absolute protection to nonparty journalists in civil litigation from being compelled to disclose unpublished information.? 51 Cal.

(a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, cannot be adjudged in contempt by a judicial, legislative, administrative body, or ...

North Carolina's shield law protects, with an exception, any "confidential or nonconfidential information, document, or item" you obtain while acting in your role as a newsgatherer. The only exception is that the shield does not protect your eyewitness observations of any crimes or torts.

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North Carolina Permission to Use Interviews for Publication