Both copyright and publicity/privacy rights are implicated for recorded interviews and conversations. Copyright, in an interview, can be owned by at least two parties: the interviewer and the interviewee.
- The interviewer will likely hold copyright in his or her questions and any accompanying commentary, as well as in his or her arrangement and organization of the interview responses.
- The interviewee will hold copyright in his or her verbatim responses.
You should ensure that the interviewer and the interviewee have consented to the interview, to any adaptation of their questions and responses, to the inclusion of that content in your digital project, and to its distribution on the terms required by the University.
It is safest to obtain written consent from the interviewer and the interviewee, or at least a recording of their verbal consent, prior to using the interview.
In addition, because any recorded interview will include a person’s voice and/or likeness, you will need to clear publicity/privacy rights as well. This can all be achieved in one document as demonstrated in the Interview Release Agreement template.
Summary: Interview – Potential Rights Holders/Required Rights
Interviewer may claim rights to their questions, commentary and the arrangement and organization of the interview, as well as publicity/privacy rights.
- Locate and contact the interviewer and explain your planned use of the interview; any adaptation of their questions, commentary, or the arrangement/organization of the interview; that it will be part of a digital project; and its distribution on the terms required by the University.
- Request they provide consent in writing both for you to use the materials as you’ve described and to clear publicity/privacy rights. Consider using the Interview Release Agreement template to accomplish both releases in one document.
Interviewee may claim rights to their responses to the questions and their commentary, as well as publicity/privacy rights.
- Locate and contact the interviewee and explain your planned use of the interview; any adaptation of their responses; that it will be part of a digital project; and its distribution on the terms required by the University.
- Request they provide consent in writing both for you to use the materials as you’ve described and to clear publicity/privacy rights. Consider using the Interview Release Agreement template to accomplish both releases in one document.