Regarding Interview Online - Posted from 2005

[quincy]

What is the name of your state (only U.S. law)? Indiana

Hello!

I am the owner of ffp.com

I was given written permission in 2005 - to record an audio interview for my web site with EHLD, who lives in CA. The link is at -
http://www.XXX.com/

She has been in contact with me recently - is is threatening me to sue me for having the interview on my site - after several years later. I have already gone ahead a while back and I'm in the process of copyrighting this recording and a few others from some other people I conducted. can you give me some legal advice? She is also trying shut down my entire web site...which I don't believe she can do. To mean it's like CNN or another newscast site if someone gives an interview - they can't stop it from be posted or promoted right?

Because I have written permission she doesn't have any power does she, since she gave permission...and in the end of the recording I mention i have the first interview with her online - and she mentioned that "I got it". I am just trying to stand my ground and protect what is mine. Should I even take her to small claims court? I just don't think she has any say.. when she gave permission and it was going to be online.

Thanks and I hope you can contact me back soon. I am very concerned.

If you recorded the interview yourself, you already hold the copyrights in the recorded interview. By "copyrighting this recording," therefore, I assume you mean that you plan to register your copyright in the recording with the US Copyright Office. Registration can provide you with additional copyright protection should your copyrighted work be infringed, but registration is not necessary. Copyrights are automatic, once an original and creative work is expressed in tangible form.

You would be smart to have the original written agreement with EHLD personally reviewed by an attorney in your area, to see exactly what sort of rights were granted to you by EHLD.

Although you hold the copyrights to the recording, you might not have obtained a proper release of publicity/privacy rights - which could mean that you have a recording that you cannot use without additional authorization from the person you interviewed. And, even if certain rights were granted by EHLD to be interviewed and recorded by you in 2005, you cannot use EHLD's persona to promote your website, or for use in any commercial manner, without additional permission from EHLD to do so.

As you have probably noticed from the editing of your post to remove all personal identifying information, the members of this forum cannot do personal reviews. We can provide legal information and general advice only. For the personal review of the specifics, you will need to see an attorney in Indiana. Here is a link to the Indiana Bar Association, for help in finding an attorney local to you: http://www.inbar.org/

Good luck.

 

[aaronpacentine]

Thank you very much - for your help that all makes sense to me.


I am trying to seek some legal advice l this week on Friday -in my local town... regarding this matter with some print outs from the past few years of her emails to me and about the agreement to the interview.

I do understand from what I read--to take someone to smalls claims court (when they live in another state) can possibly happen but that it is from state to state... it would be under what I said the Law Dictionary "Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit". Seeing that this did - actually accrue here in Indiana - I figured I do have that chance?

Also---she did have some kind of attorney - a few years ago back in 2011 write up a statement that I needed to remove the interview. it had been removed. However, then in the past few years she has had contact with me - and wants to be "friends" again. Plus the web site they had mentioned---they wanted the recording from--- I no longer own. Again--makes no sense. I would assume that since she and I have had contact including emails after 2011 that something like that kind of letter... is no longer void since she has still be in contact with me? Again--- we do have a history. Thanks, I should also add - we have not actually EVER met in "person" so I do hope that still has some bearings on my favor to small claims court. thanks!

 

[quincy]

Thank you very much - for your help that all makes sense to me.

I am trying to seek some legal advice l this week on Friday -in my local town... regarding this matter with some print outs from the past few years of her emails to me and about the agreement to the interview.

I do understand from what I read--to take someone to smalls claims court (when they live in another state) can possibly happen but that it is from state to state... it would be under what I said the Law Dictionary "Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit". Seeing that this did - actually accrue here in Indiana - I figured I do have that chance?

Small claims courts do not have jurisdiction over copyright claims. You need to file in federal court.

From 28 USC §1338(a): The district courts shall have original jurisdiction of any civil action arising out of any act of Congress relating to patents, plant variety protection, copyrights and trademarks.

Also---she did have some kind of attorney - a few years ago back in 2011 write up a statement that I needed to remove the interview. it had been removed. However, then in the past few years she has had contact with me - and wants to be "friends" again. Plus the web site they had mentioned---they wanted the recording from--- I no longer own. Again--makes no sense. I would assume that since she and I have had contact including emails after 2011 that something like that kind of letter... is no longer void since she has still be in contact with me? Again--- we do have a history. Thanks, I should also add - we have not actually EVER met in "person" so I do hope that still has some bearings on my favor to small claims court. thanks!

You will need to seek out legal help in Indiana, preferably from an attorney who is familiar with intellectual property rights and publicity rights. Although there could be other issues that need addressing with your recorded interviews, these appear to be the primary ones.

Good luck.