Re: Interviews/Ethnographic Research

On 09/29/98, Tamika L. Hughes <hughes[_at_]mail.is.temple.edu> wrote:
>
> Are signed agreements from participants necessary before an
> interview can be published if the names have been changed? I
> have heard from one source that an author must obtain signed
> releases from interviewees OR use pseudonyms in the published
> work. However, another source seems to think that signed releases
> are ALWAYS required. Can anyone clarify?

Releases are always a good idea, but not necessarily required. From a purely copyright perspective, it would be very difficult for an interviewee to claim a common law copyright to his or her spontaneous oral responses. Take a look at the decisions in Hemingway v. Random House, 296 NYS 2d 771and Falwell v. Penthouse, 521 F.Supp 1204. The court in Hemingway noted that "in the case of conversational speech--because of its unique nature--there should be a presumption that the speaker has not reserved any common law rights unless the contrary strongly appears. Thus, an express reservation of rights, or assertion of control, would mandate that a release be obtained before publication.

On the non-copyright front, however, claims for invasion of privacy, and rights of publicity, are conceivable--although changing the names might negate these claims. Depending on the circumstances of the interview, and the interviewees understanding of how it was to be used a breach of contract claim could arise.

--Barbara Friedman
  bfriedman[_at_]harrisbeach.com Received on Tue Sep 29 1998 - 14:19:29 GMT