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There are rules when quoting or using the words that someone has
written down or recorded. But that limited circle of certainty is broken when
that person is the subject for your interview.
The rights of interviewees
In theory, the words or a photograph of a person can be published without their
permission (although for photos this does not apply in France and there are an
increasing number of bye-laws to protect celebrities, so check).
However, if your work is going to be used for any sort of commercial
purposes, then you need their permission. Most celebrities have sold the rights
to exploit their image, so if you want to use it, you will have to get
permission from whoever holds the rights. Celebrities often have an expensive team to
promote and defend the image of their 'property'.
In practice, things are not quite as difficult as it sounds. With the
exception of the A-list celebs, who you can't get near, most people are very
happy to provide an interview that will promote their work or views. What you
are trying to do is make sure that the person knows the purpose to which you
plan to put the interview. They might have some strong objection to
appearing on your blog if that happens to be associated with a cause that they
do not support, so try to spell it out.
So, before you start, make sure the person you plan to interview knows:
 | who you are |
| who you represent |
| what you want to talk about |
| what you plan to do with the interview |
| make sure you understand their agenda which might include promoting some
of their work |
Recording
I often carry a recorder and always ask for permission before using it.
Mostly I am recording in order to supplement my notes - I write a much better
interview if I have listened to the recording just before I write.
Occasionally I want to use parts of the recording for broadcast and I make sure the
interviewee
understands. For any broadcaster, this requires a formal approval as they are performing. There is
some wriggle-room with this but it is so much better to get written
permission - broadcasters will ask you to provide written proof.
Preparation
I always prepare my questions but I don't stick too rigidly to the questions
or the order unless they have been agreed in advance. I have occasionally offered to send the questions in advance
but nobody has ever taken up the offer (but I talk to real people, not
politicians). These questions can provide a talking point before you start and
help relax the subject as they know what is coming and can, to some extent,
prepare their thoughts.
When you start writing, remember the laws of libel. If the subject is
alive there are some limits to what you can say.
The agreement
Do not lose too much sleep over this agreement. It is mainly a
matter of courtesy and clarity, but if you have some written permission
you know where you stand and this should avoid unpleasant surprises if the subject
claims they were tricked.
If you plan to provide your interview to any established media then
take a copy of their specific agreement. Look on their website as they
always
have such a document and will make you go back to get it signed before they
use your interview.
The text below might provide the basis of your release or permission form
(you will need to compose your own to fit the situation):
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Date: Location:
I, name of the subject ,(the subject) agree to
undertake the interview with your name and organisation
(the writer).
| There are no restrictions on the use that may be made of the
interview material. (But there might be a time limit for first
publication) |
or
| The interview may be published in the following media (these can
be specific or general e.g. A magazine or blogs) |
| Any publishers shall comply with any reasonable restrictions for
use or re-use. These should be listed |
| I also relinquish any right to edit, examine or approve the
material derived from this interview. |
| The writer |
I affirm that I have the right to make this contract.
Dated signatures of subject and writer
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To make it legal, you will normally need some further details and signatures
(but this varies between legal jurisdictions):
- Most documents require the date, name, address and signature of the subject and often a witness.
- If the subject is a minor, the agreement must be signed on their behalf by an authorised person.
- If the subject is giving permission to discuss a private location
or performance or an object, the subject should note why they have the authority.
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Copyright law
Getting
permission Clearing copyright
Model release
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