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Quoting the living

Anyone who’s been doing genealogy for any length of time has been there. You’re nearing a point where you’re ready to write up what you’ve found, and, all of a sudden, it dawns on you.

Some of the people you want very much to write about may not be nearly as enthusiastic as you are about seeing their names in print. You want to include their information, but you’d rather not find yourself on the receiving end of a lawsuit — even a lawsuit you could win — from cousin Mary who’s outraged that you mentioned all four of her failed marriages… or from Uncle Seth who hasn’t quite gotten around to telling cousin Joe he was adopted.

Reader Trudy Smith is facing issues like this with a family history book she’s working on, and — smartly — she’s thinking ahead.

“I am creating an interview questionnaire and would like to have the interviewee sign a release so I can use the information provided in our family history book,” she writes. “How should the permission be worded?”

First of all, kudos to Trudy for realizing that living people really really really should be asked for permission before you publish any information about them.

Now the fact is that the law almost certainly doesn’t require that you do that. And the only time you’re in really serious legal trouble is when you publish private information that would be offensive to the ordinary person if you published it about him.1

But we’re into more than just doing what’s legal here at The Legal Genealogist, right? We all want to do what’s right. As a Certified Genealogist, I’m bound by the Code of Ethics of the Board for Certification of Genealogists®, so I’ve promised that “I will keep confidential any personal or genealogical information given to me, unless I receive written consent to the contrary.”2 So I consider it a duty to any living person, client or not, not to publish confidential information without that person’s consent.

Second, even more kudos to Trudy for realizing that, in reality, it’s a lot easier to get somebody to give you permission at the same time they’re giving you the information. I’ve never had trouble getting permission when I’ve asked people for it while I’m interviewing them. And anybody who’s going to object is going to object whether you do it then or later.

And a third set of kudos to Trudy for realizing that she needs to get permission in writing. “I never said you could publish that” is not what you want to hear when your book is at the printer.

So what should the permission form say?

Here’s a real shocker, coming from somebody with a law degree: keep the form in plain simple English.

You not only don’t need any formulaic legalese, it’s just plain counterproductive. All those “heretofores” and “hereinafters” scare the pants off folks and they’re not likely to sign anything they don’t understand.

The key points are to make it absolutely clear what the permission covers (“the information I have provided about myself in the attached questionnaire” or “my responses to questions in the interview today”) and what you’re going to do with it (“in a post for a blog” or “in a book on our Smith family”).

There’s absolutely nothing wrong with a form that says:

Jeanne Q. Genealogist has my permission to use the information I have provided about myself in the attached questionnaire in the book she is writing about the history of our Smith Family.
/signed/ __________________________________
Name: ________________, Address: _____________________
Date: _____________________.

For an interview rather than a questionnaire, the form could say:

Jeanne Q. Genealogist has my permission to quote my responses to her questions in the interview today as part of the book she is writing about the history of our Smith Family.
/signed/ __________________________________
Name: ________________, Address: _____________________
Date: _____________________.

And for an oral interview, it’s probably a good idea to get the form signed at the end of the interview, and leave a space for the person to add anything she might have said that she doesn’t want to be quoted about:

Jeanne Q. Genealogist has my permission to quote my responses to her questions in the interview today as part of the book she is writing about the history of our Smith Family. This permission does not include any responses about: (insert topic).
/signed/ __________________________________
Name: ________________, Address: _____________________
Date: _____________________.

Of course, if you’re doing an oral interview, you’d be even better off recording not just the interview but the process of getting the signed permission so you have all the evidence you’d ever need of just what the person interviewed agreed to.

With a plain English explanation on your part, and a plain English permission form, you’ve got a pretty good chance of getting permission and never having to say you’re sorry.

Then again, Aunt Gertrude is never going to give you permission to include that story about the Christmas Party and dancing with the lampshade on her head … darn it…


 
SOURCES

  1. See Judy G. Russell, “Private facts in public genealogies,” The Legal Genealogist, posted 7 Mar 2012 (http://www.legalgenealogist.com/blog : accessed 19 Mar 2013).
  2. Board for Certification of Genealogists®, Code of Ethics and Conduct (http://www.bcgcertification.org/aboutbcg/code.html : accessed 19 Mar 2013)
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