Issues for interviewees

Before you agree to be interviewed, you should discuss with the interviewer what he/she intends to use the interview for. You should consider what limitations, if any, you want to place on the interviewer’s ability to use the material. If, for example, the purpose of the interview is for inclusion in an historical textbook, you may not wish to see it included as part of an exhibition at the local library or posted on a website without your further consent. You may want the opportunity to review and approve the use of the interview in the work before it is released or published.
If you intend disclosing confidential information, you should make it clear prior to the interview that the information is confidential and cannot be used or disclosed without your permission. Any unauthorised use of the interview will entitle you to bring an action for breach of confidence.

Issues for interviewers

If you are producing a work, whether it be a documentary or a book, you want to be sure that you are able to use all material you obtain from interviews for the purposes for which you require it. Consider both the primary purpose of the interview, such as inclusion in a documentary, and any ancillary uses you anticipate, such as using excerpts of the interview in promotional material or on a related website. Do not assume that you have unlimited rights to use the interview. Obtain a written release from the interviewee granting you rights to do all the things you want to be able to do with the interview.

Be aware that book publishers or film distributors are likely to require a warranty from you as the author or producer that you have all the necessary releases required to exploit (or use) the work. If your work includes material obtained from interviews, then the warranty will extend to interviewees’ releases.

Payment for use of interview

Whether the interviewee is to be paid for their time, effort and contribution, is a matter for negotiation between the parties. If the interviewee is providing substantial source material for a work, it may be reasonable to provide some compensation to the interviewee for their input. Again, the issue of payment should be discussed and agreed upon before the interview.

Defamation

The interviewee’s release should include a warranty (a promise) that, to the interviewee’s knowledge, the interview is not defamatory and an indemnity (a guarantee) in respect of any breach of this warranty.
The interviewer should also be aware that any use of the interview that is defamatory of the interviewee may entitle the interviewee to bring an action in defamation. For example, it could be defamatory to use an interview in a way that is not authorised by the interviewee, and wrongly implies the interviewee has given their consent, or alternatively, in a way that juxtaposes the interview with other material in such a way as to impute false or defamatory attributes to the interviewee.

What happens when no release is obtained?

Where material is obtained by way of an interview and no release is signed, there may be an implied agreement that the interview can be used for the purpose for which it was provided. If you agree to be interviewed for a documentary on line- dancing, then the interviewer can presume to be authorised to use the interview for that purpose. But, if the interviewer wants to use it in a book on dance culture, they will probably need to get your approval for that.