Utah 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

You can locate these rights in the Utah Constitution, Article 28 and in the Utah Criminal Code at 77-37, 77-38 and 77-38a. Victims have a right to: Be informed as to the level of protection from intimidation, free from harassment, harm and abuse available to them throughout the criminal justice process.

Interrogation of a child -- Presence of a parent, legal guardian, or other adult -- Interrogation of a minor in a facility -- Prohibition on false information or unauthorized statement. "Custodial interrogation" means any interrogation of a minor while the individual is in custody.

"Knock and announce warrant" means a lawful search warrant that authorizes entry into a building after knocking and demanding entry onto property or building as outlined in Subsection (2). "Nighttime hours" means the same as that term is defined in Section 77-7-5.

The state of Utah designates a Mandatory Reporter as ?any person who has reason to believe that a child has been subjected to abuse or neglect? (Utah Code Ann. §62A-4a-403). This report must be made to a law enforcement agency or the Division of Child and Family Services.

Tampering with witness -- Receiving or soliciting a bribe. A person is guilty of the third degree felony of soliciting or receiving a bribe as a witness if he solicits, accepts, or agrees to accept any benefit in consideration of his doing any of the acts specified under Subsection (1).

In Utah it is lawful to record oral or telephone conversations with the consent of at least one party barring any criminal or tortious intent. Illegal recording in this context is a felony except as it relates to the radio portion of cell phone communications, in which case it is a misdemeanor.

Children are not responsible for inappropriate behavior adults commit against them and have the right not to be questioned, in any manner, nor to have allegations made, implying this responsibility. Those who interview children have the responsibility to consider the interests of the child in this regard.

Definitions. "Aggrieved person" means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed.

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Utah Permission to Use Interviews for Publication