16/06/2008
An interview can be a literary work protected by copyright if it has been recorded in “material form” (such as on an audiotape, in notes or on a digital file).
Where a journalist prepares questions, structures the interview and writes up and edits the final work for publication, the journalist (or his/her employer) will usually own copyright in the resulting written work. However, this copyright may be subject to an underlying copyright in the material supplied by the interviewee. In some cases, the journalist (and their employer) and the interviewee may be joint authors of the work. On the other hand, where a journalist merely transcribes a story told by another person, the storyteller will usually be the owner of copyright.
If you intend to interview a person, it may be a good idea to have a written agreement or release form, which at least sets out what you may do with the material gathered during the interview. This will particularly be the case if you know at the time of the interview that you are likely to want to use the material for something other than an article (for example a book or documentary). See above under “Dealings with copyright”.
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