Using Audio Recording in Book

[Book Author]

What is the name of your state? New York

Hello.

I am about finished with writing a book. Part of it includes an interview I gave with someone a year and a half ago. Since it's recorded, I did include the entire conversation in the book. However, I took out all the names we discussed and information which clearly identifies the interviewee. While I anonymized the people involved in the interview, I am identifying the interviewee as a relative to one of the main characters. Is it ok if I still use this conversation in my book, especially since I redacted names?

Thanks.

 

[cbg]

When you asked the interviewee for written permission, what did s/he say?

 

[Book Author]

I didn't get that permission, which is why I anonymized everything.

 

[adjusterjack]

Simple solution: Get consent or risk a lawsuit. Do you have tens of thousands of dollars to defend a lawsuit, win or lose?

 

[Taxing Matters]

What is the name of your state? New York

I am about finished with writing a book. Part of it includes an interview I gave with someone a year and a half ago. Since it's recorded, I did include the entire conversation in the book. However, I took out all the names we discussed and information which clearly identifies the interviewee. While I anonymized the people involved in the interview, I am identifying the interviewee as a relative to one of the main characters. Is it ok if I still use this conversation in my book, especially since I redacted names?

Not enough information here to tell you what risks you may run using that interview without consent. And depending on the facts you may need consent from more than one person. I take it from what you wrote that you were the interviewer, correct? Who recorded the interview, you or someone else? Did you have consent for the recording that was made ? (Which is a different issue from consent to use the interview in your book.) Do you have reason to think the person interviewed or anyone else would have a problem with you putting this interview in your book? Is there a reason why you need to include the interview verbatim in the book rather than just using the facts you obtained in the interview? What is the nature of the book and is it possible, despite your change of names, that some persons might identify the people in your book? And there may be more questions that arise with the answers to these questions. There's a lot to consider here. With any book, especially one that involves real people as subjects, it is really good idea to run your book copy past an attorney who represents authors for advice. An ounce of prevention can be worth a whole lot more than a pound of cure.

 

[cbg]

I didn't get that permission, which is why I anonymized everything.

Does this translate to, I did not ask for permission, or, I asked for permission and was refused it? "Didn't get" in this context could be read either way.

 

[quincy]

I didn't get that permission, which is why I anonymized everything.

To avoid the risk of a lawsuit, an author always should get permission from anyone whose words will be appropriated for use in the text, especially if the words are original and creative enough to be copyright-protected.

If the creator of the words is identified by name or identifiable by context, and/or if those of whom you speak are identified by name or identifiable by context, the contents of your book could spawn a lawsuit (possibly defamation or infringement or invasion of privacy...).

Anyone who writes a book would be smart to have the manuscript personally reviewed by a publishing law professional prior to publication. It is also smart for authors to carry insurance enough to cover the costs of a lawsuit should someone take offense to the contents of the book and sue the author for damages.

Following is a link to the Knight Citizens News Network. For excellent information on how to limit your legal risks when writing, scroll to find the featured learning module titled “Limiting Legal Risk.” http://kcnn.org

 

[zddoodah]

I am about finished with writing a book. Part of it includes an interview I gave with someone a year and a half ago.

What does "an interview I gave with someone" mean? Was this person interviewing you or were you interviewing him/her? In what medium was this interview broadcast/published?

Since it's recorded, I did include the entire conversation in the book.

Why did the fact that the interview was recorded impact your to include the entire interview?

Is it ok if I still use this conversation in my book, especially since I redacted names?

Probably. It would probably be "ok" (by which I assume you mean legal) even if you hadn't "redacted names." However, it is impossible to say for sure based on the information provided.

If you're self-publishing, you would be extremely foolish not to have an attorney review the matter for you. If you're seeking to publish through a legitimate publishing company, then the publisher will put it through the legal wringer.

When you asked the interviewee for written permission, what did s/he say?

I didn't get that permission, which is why I anonymized everything.

That's not responsive to the question that "cbg" asked.

 

[quincy]

Anonymity is overrated. Identities can be revealed pretty easily and/or assumed by contents and contexts.