Rhode Island 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

Hidden cameras R.I. Gen. Laws § 11-64-2. The law, however, does not criminalize the use of recording devices for other purposes in areas to which the public has access or there is no reasonable expectation of privacy (e.g., filming conversations on public streets or in a hotel lobby).

In Rhode Island it is legal to record an in-person or phone communication with the consent of at least one party if the recording is not made with criminal or tortious intent. Illegal recording is punishable by imprisonment and can also be the basis for civil damages.

While many states have ?two-party consent? laws, meaning that both (or all) people on a recording must know they are being recorded and consent to it, in Rhode Island, only one person needs to consent to the taping. This is known as a ?one-party? state.

Eleven (11) states require the consent of everybody involved in a conversation or phone call before the conversation can be recorded. Those states are: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

It is the policy of the state of Rhode Island that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety, and not use their position for private gain or ...

Generally, in California, you cannot legally record a conversation without the other person's consent, but that recording may be admissible in criminal cases even if it was unlawfully recorded. The rules are confusing, so it is best to consult an attorney about what to do.

Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private.

The Rhode Island Shield Law, or the Newsman's Privilege Act, broadly applies to confidential information "received or obtained [by an individual] in his or her capacity as a reporter, editor, commentator, journalist, writer, correspondent, news photographer, or other person directly engaged in the gathering or ...

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Rhode Island Permission to Use Interviews for Publication