Let’s say I want to record a conversation with someone who is speaking to me willingly and has verbally consented to me recording them (and the device is in plain view). Once the conversation is over, who has the “rights” to the recording? Can I post the conversation on a blog or share with any and all, or do I need some type of specific written consent to do this? If I send them the MP3 and they post it, do they need me to consent to that? I am having a hard time finding anything about this- not sure if it is legal grey area or depends on state (I live in MA).
Thanks.
To be fair, the best solution would be if the interviewee knew that you intended to post the audio (or transcripts) of the interview somewhere. If you are doing the interview for a school paper then they can reasonably claim that they had no way to know that you would post the material online.
Just make everything clear up front and avoid the legal issues later on.
If you’re talking after the fact, you might go back to the interviewee and ask for permission. That would cover you anyway. If the interviewee does not grant you permission and you want to post it anyway, then you should think about whether you want to hide behind the law and the first amendment to go against the wishes of someone who voluntarily granted you the interview in the first place.
Good points Steven25, but the nature of what I’m doing means that I can’t reasonably know what interviews I might want to make public. Basically I am starting a small business and to promote it, I may want to include audio on my site/blog. But my interviews are covering a wide variety of topics and some could include sensitive topics. So, I could have a release form beforehand, but the reality is I may have an interesting interview someone would rather keep private. I’m just surprised I can’t find more clarity online. Obviously, I would not want to publish something that a interview did not want public.
A release form in advance is the best way to go. If the person wants to keep the interview private, then he won’t sign. If he doesn’t sign, you can’t use it, so why bother with the interview?
The form would also protect you. You can get a verbal OK to record and use the interview, but then, after it’s up, the interviewee wants it down and claims he never agreed. Things would get murky, especially if there were legal action. A release would prevent this.