Ownership and Copyright Aspects of Interviewing
Newspaper and magazine articles are often based on interviews.
Interviews are an integral part of journalism but many people
don’t realize that this simple exercise of asking and answering
questions has some complex issues of ownership. If you have never
conducted and interviewed, then you may not have given any
thought to the ownership and copyright aspect of an interview.
An interview is not merely two people having a conversation, but
an interaction that has some legal ramifications. The primary
issue is who owns the interview: interviewee or interviewer. The
US Copyright Act of 1976, defines the copyright ownership as
linked to originality and fixation. The ownership is for the
"Original works of authorship fixed in any tangible medium of
expression.”
It is the fixation requirement that can be a little troublesome.
The interview will be fixed only if it is captured in a copy that
is permanent allowing it to be: perceived, reproduced, and
communicated. If there is an audio copy, video copy, or if the
entire interview is in shorthand then the interview is fixed. But
if the interview notes are only from parts of the interview then
only the portion of the interview that is detailed will be
considered fixed.
To get the maximum protection under Federal Law the interviewee
must also give their consent for the interviewer to record the
interview. Rosemont Enterprises v. Random House (1966) was one
case where the courts decided that interviewer was the copyright
owner of an interview. In this case the court's decision was in
part based upon the consent of the interviewee. If any of the
requirements are not fulfilled, then Federal Laws do not apply.
You must however note that ideas discussed in the interview are
not protected by copyright law.
Here are some tips if you want to conduct an interview:
1. Make sure you get written consent from the interviewee for
maximum protection under the Federal Law.
2. Always inform the interviewee that you wish to use the
interview copy for commercial purpose.
3. Resolve any issues regarding the copyright beforehand with the
interviewee.
4. Ensure that you have covered the fixed condition for the
interview.
Interviews are great ways to access the knowledge that people
have, and get their views on issues. They also benefit the
interviewee by giving them an opportunity to speak up and make
their opinions known. Just take care that all the legal
requirements have been met, so it does not become a bad
experience for anyone.
Author
George Whitecraft
http://whitecraftshoppingmarketing.biz/info/l/tbp
http://whitecraftshoppingmarketing.biz/info/l/pba
posted by George @ 5:01 PM
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